2010 Interim LEGISLATIVE Volume 20, No. 14 May 2010 RECORD General Assembly’s 2010 Session adjourns by Rob Weber LRC Public Information policies on ethics, procurement, hiring and compen- sation. State lawmakers adjourned “sine die” on April Agriculture. House Bill 398 creates an equine Speaker of the 15, bringing the General Assembly’s council to advise the state on equine health mat- House Greg 2010 Regular Session to a close on the 60th and ters and strive to establish regional care centers for Stumbo speaks final session day allowed by the state constitution. unwanted, neglected and abused horses. The leg- on legislation Lawmakers considered more than 800 bills islation also establishes a livestock care standards during this year’s session, including measures to commission and prohibits local governments, with before the improve services for stroke victims, offer new pro- some exceptions, from having on-farm animal care House in the tections to domestic violence victims and require standards that exceed state standards. latter days of more transparency and openness from taxpayer- Autism. HB 159 expands health insurance the 2010 Regu- funded organizations. coverage for the diagnosis and treatment of autism lar Session, Topics covered by legislation approved this spectrum disorders. The bill requires large-group which ended on year include the following: and state employee insurance plans to provide cov- April 15. Accountability. Senate Bill 88 allows greater erage in the annual amount of $50,000 for children Bud Kraft/ public scrutiny of the Kentucky League of Cities with autism from age 1 to 6 and up to $12,000 a LRC Public and the Kentucky Association of Counties by mak- year for older children with autism. Information ing both groups adhere to the state’s open records Bee habitats. Senate Joint Resolution 177 re- and open meetings laws. The bill also requires the quires the state apiarist to work with the Transporta- groups to place spending reports online and develop tion Cabinet and local beekeeping clubs to identify Continued on page 2 Stroke center ‘Amanda’s Bill’ now law to protect designation domestic violence victims approved The monitoring device tracks the location of by Rebecca Mullins Hanchett abusers and alerts victims and law enforcement by Chuck Truesdell LRC Public Information when an abuser is in an area that has been declared LRC Public Information off-limits to that person by the court. A carefully watched bill that will allow Abusers would qualify Recognition for stroke care excellence could judges to electronically track those who violate “We know for for a monitoring device un- save lives under legislation passed unanimously by domestic violence orders has been signed into a fact that the der the law by committing both chambers during the 2010 Regular Session. law. one or more of 12 “substan- Senate Bill 1, sponsored by Senate President House Bill 1, or Amanda’s Bill, sponsored implementation tial” violations that include, David Williams, R-Burkesville, would bring atten- by House Speaker Greg Stumbo during the 2010 of this but not limited to, assault, tion to outstanding facilities in the area of stroke Regular Session, received final passage in the (monitor- stalking, wanton endanger- care, helping the public understanding those hospi- House and Senate on April 14 and was signed by ment, kidnapping, theft and tals that are best able to treat loved ones in the event the governor on April 26. The new law, officially ing) system destruction and damage to of a stroke. known as the “Amanda Ross Domestic Violence works...” property. Under SB 1, facilities that are certified by the Prevention Act”, will take effect in July. Named in honor of for- Joint Commission on Accreditation of Healthcare Besides allowing judges to order those who mer state worker Amanda Speaker Organizations or the American Osteopathic As- violate a domestic violence order, or DVO, to Ross, who was shot to death sociation would be state-designated as primary wear a global positioning monitoring system Greg Stumbo outside her Lexington home stroke centers. Such facilities would provide a high device, the new law will allow courts to require last fall, Stumbo said the standard of stroke care, including a greater ability that abusers stay up to 500 feet away from their new law will save lives. to treat multiple types of strokes in an emergency victims and the victim’s family and allow felony “We know for a fact that the implementation setting and first-rate care during recovery. charges to be pressed against DVO violators who of this (monitoring) system works,” Stumbo, D- In order to earn certification, the hospitals are attempt to remove a court-ordered monitoring Continued on page 2 Continued on page 2 device.

THE KENTUCKY GENERAL ASSEMBLY  Stroke care, 2010 laws, New laws from page 1 from page 1 benefit also responsible for community state-owned rights-of-way that could education, with a goal of stroke be made into pollinator habitat sites veterans, prevention as well as awareness and for bees. Another piece of legislation, treatment. HB 175, encourages the development active troops Having superior stroke care is of bee habitats on mine reclamation especially important in Kentucky be- sites to speed up plant growth and cause it lies in the “stroke belt,” with improve soil stability. by Rebecca Mullins Hanchett LRC Public Information a high rate of strokes and high rate of Child abuse. HB 285 boosts mortality from them. training for health care officials, day From expanded access to the The state currently has 12 pri- care workers and others who work state’s military family assistance trust mary stroke with children improve their abilities fund to new job opportunities for centers to spot signs of child abuse. eligible veterans, many laws passed — four each Coal. HB 283 reduces delays Sen. Elizabeth Tori, R-Radcliff, explains a bill during the 2010 Regular Session sa- that would benefit military veterans before a in Louis- in issuing coal mine permits. The Senate President lute those who serve and have served meeting of lawmakers during the 2010 Regular ville and legislation increases certain coal min- our country. Session. David Northern ing fees and directs money from the Senate Bill 30 as passed gives Mike Sunseri/LRC Public Information Kentucky, increased fees to expedite the mine Kentuckians who served on active Williams two in Lex- permitting process. duty outside the U.S. or federal ac- Other notable military-related ington, and Corrections. SB 17 makes it a said the tive duty with the National Guard bills that passed during the 2010 one each in felony for workers at prisons, jails and Reservists and their families up Regular Session include: legislation Pikeville or detention centers to have sex with to six months following the end of n HB 19, which allows mili- and Bowling inmates. won’t impose deployment to apply for need-based tary personnel to renew their con- Green. Domestic violence. HB 1 allows assistance from the military family cealed deadly weapon license early new The judges to order those who violate a trust fund. The law, which takes ef- and by mail, and gives personnel legislation domestic violence order (DVO) to requirements fect in July, also specifies that eligible whose concealed and carry license wouldn’t wear a global positioning system applicants could receive up to $1,000 expires while on active duty up to a impose new tracking device to help ensure that on hospitals per request and up to $10,000 per year to renew the license at the end of require- abusers remain the required distance year if there is a demonstrated need their deployment without paying late or ments on from victims. The bill allows felony and a majority on the trust fund board fees or other penalties. hospitals charges to be pressed against DVO require approves the award. n HB 14, which grants veter- or require violators who attempt to remove a House Bill 75, which is similar ans who were disabled while on duty state state fund- court-ordered tracking device. The to bills that have passed the House in up to three nights of free lodging at a ing, Wil- legislation is known as Amanda’s funding. past years, will require state agencies Kentucky State Park each year. liams said, Bill in honor of state worker Amanda to offer a job interview to all veterans n HB 199, which creates a but would Ross, who was shot to death outside and military family members entitled Gold Star Fathers special license simply act as her Lexington home last fall. to bonus points called “preference plate and allows persons to buy ad- recognition for achievement that Drugs. HB 265 strengthens the points” on state job examinations if ditional Gold Star Mothers, Gold Star would bring attention from those who prosecution of drivers found to be there are fewer than five qualified Fathers or Gold Star Spouse license may require stroke care. under the influence of illegal drugs veterans or eligible family members plates beyond the two plates exempt Every minute counts when a per- or certain prescription drugs. The competing for a particular job. The from fees. Also passes was HB 96, son suffering a stroke, because every legislation also criminalizes two state must offer interviews to at least which allows the surviving spouse of moment that the brain goes without street drugs: synthetic marijuana and five of these individuals if five or a Purple Heart recipient to keep the oxygen results in brain damage. piperazines. more are vying for a job. HB 75 also Purple Heart license plate assigned to Knowing which hospital is best suited Education. HB 160 makes it takes effect in July. the recipient. to treat strokes will result in lives easier for community and technical Depending on someone’s n HB 302, which authorizes saved, health restored, and families military status, a veteran and eligible bonds to build a hangar at Bluegrass preserved, Williams noted. Continued on page 69 members of a veteran’s family can Station, and HB 339 which creates a receive five or 10 preference points state commission to commemorate Amanda’s Bill, from page 1 on state job exams. Kentucky’s role in the War of 1812. Prestonsburg, told fellow lawmakers incarcerate one inmate for a year. And The original version of Aman- monitoring does not qualify, the law in a hearing on the bill last session. it will be violators, not local or state da’s Bill passed by the House would will allow a court to issue other or- The Speaker said no homicides had government, that will pay the bill. have allowed judges to order global ders it “believes will be of assistance been reported in any state that de- Violators who are unable to pay positioning monitoring before a DVO in eliminating future acts of domestic ploys such systems. the full cost may be allowed to pay violation occurs based on each indi- violence and abuse”, after the court House Judiciary Committee less based on a sliding scale, accord- vidual case. Lawmakers replaced that determines that abuse has occurred Chair Rep. John Tilley, D-Hopkins- ing to the measure. The law will also language with the list of substantial and may occur again. ville, said last session that electronic allow counties to use electronic moni- violations and the requirement that at The law also makes it a mis- monitoring will cost around $7 a day toring for pretrial release, pretrial least one of the 12 violations be com- demeanor to trespass on a domestic or approximately $2,500 a year per diversion, probation and conditional mitted before electronic monitoring violence shelter. Violators would face person—much less than the $20,000 discharge where applicable to make can be ordered. a fine of up to $500 and/or up to 12 to $22,000 the state currently pays to the system cost-effective. In DVO cases where electronic months in jail.

 2010 Interim LEGISLATIVE RECORD House of Representatives

2010 Royce W. Adams Charles Siler 580 Bannister Rd. Dry Ridge 41035 491 E. Nashville St. Pembroke 42266 3346 Canterbury Ct. Erlanger 41018 3570 Tackett Creek Rd. Work 859-824-3387 Home 270-475-9503 Home 859-578-9258 Williamsburg 40769 Home 859-428-1039 Work 606-549-0900 KENTUCKY Ted Edmonds 1257 Beattyville Road Jackson 41339 901 Dogwood Drive Elizabethtown 42701 PO Box 688 Sandy Hook 41171 Home 606-666-4823 Work 270-765-6222 112 W. 11th Street Covington 41011 Work 606-928-0407 Home 270-737-8889 Work 859-261-6577 Home 606-738-4242 C.B. Embry, Jr. Home 859-581-6521 FAX 606-929-5213 PO 1215 Morgantown 42261 PO Box 2090 Lexington 40588 Dottie Sims Work 270-526-6237 459 Violet Ave. Horse Cave 42749 Home 859-252-2202 John A. Arnold, Jr. Home 270-791-1879 Home 270-786-3948 General FAX 859-259-2927 PO Box 124 Sturgis 42459 Work 270-333-4641 Bill Farmer 3361 Squire Oak Dr. Lexington 40515 2007 Tyler Ln. Louisville 40205 Kevin Sinnette Work 859-272-1425 PO Box 1358 Ashland 41105 Eddie Ballard Home 502-451-5032 Assembly PO Box 1735 Madisonville 42431 Home 859-272-8675 Home 606-324-5711 Work 270-821-4767 FAX 859-272-1579 Tom McKee Home FAX 606-329-1430 Home 270-821-6255 Tim Firkins 1053 Cook Road Cynthiana 41031 212 E. Esplanade Louisville 40214 Home 859-234-5879 Ancel Smith Linda Belcher 1812 Wiley Fork Road Leburn 41831 Home/FAX 502-367-2981 FAX 859-234-3332 Senate 4804 Hickory Hollow Lane Work 502-564-8100, ext. 668 Walter Blevins, Jr. Shepherdsville 40165 Home 606-785-3844 Home 502-957-2793 Joseph M. Fischer PO Box 757 Louisville 40201 115 Hill N Dale Morehead 40351 905 Hurst Dr. Hopkinsville 42240 126 Dixie Place Fort Thomas 41075 Work 606-743-1212 Home 270-885-1639 Work 502-772-1095 108 North Green St. Glasgow 42141 Work 513-794-6442 John Will Stacy Home 606-743-1200 FAX 270-885-0640 PO Box 135 West Liberty 41472 Work 270-651-7005 Home 859-781-6965 Charles Miller FAX 606-743-1214 Home/FAX 606-743-1516 Home 270-590-0110 3608 Gateview Circle Louisville 40272 Home 502-937-7788 David E. Boswell Mike Reynolds Fitz Steele PO Box 4000 Bowling Green 42102 Kevin D. Bratcher 5591 Panther Creek Park Drive 10215 Landwood Drive 121 Arcadia Park Lexington 40503 176 Woodland Ave. Hazard 41701 Work 502-564-8100 Owensboro 42301 Louisville 40291 Home 859-221-3107 Terry Mills Home/FAX 606-439-0556 Home 270-771-4921 Home 502-231-3311 695 McElroy Pike Lebanon 40033 Fax 270-926-9047 Home 270-692-2757 Jerry P. Rhoads 102 Maywood Ave. Bardstown 40004 9 East Center Street Scott W. Brinkman Kent Stevens Home 502-350-0986 Harry Moberly, Jr. PO Box 481 Lawrenceburg 40342 6001 Two Springs Lane Madisonville 42431 PO Box 721 Richmond 40475 409 W. Maple Nicholasville 40356 Louisville 40207 Home 502-839-5462 Home 270-825-2949 Work 859-622-4997 Home/FAX 859-885-0606 Home 502-893-8769 Danny Ford PO Box 1245 Mt. Vernon 40456 Home 859-624-2781 FAX 502-894-0210 III Work 606-678-0051 545 KY 223 Flat Lick 40935 Julian M. Carroll 4030 Hidden Creek Home 606-256-4446 Home 606-542-5210 Room 229 Capitol Annex Henderson 42420 543 Main Street Shelbyville 40066 Frankfort 40601 Home 270-826-5402 4012 Lambert Ave. Jim Glenn Work 502-633-7017 PO Box 21562 Owensboro 42304 Work 502-564-8100 Work 270-869-0505 Louisville 40218 Home 502-633-7533 Home 270-686-8760 Home 502-454-4002 1481 Jefferson School Road Perry B. Clark Tim Moore Dwight D. Butler , Jr. 417 Bates Rd. Elizabethtown 42701 Scottsville 42164 5716 New Cut Road Louisville 40214 714 North Broadway B2 Home 270-622-5054 PO Box 991 Union 41091 PO Box 9 Harned 40144 Home 270-769-5878 Home 502-366-1247 Providence 42450 Home 859-384-7506 Work 270-756-5931 Work 270-635-7855 Work 502-564-8100 Home 270-756-0100 Lonnie Napier Greg Stumbo Julie C. Denton Home 270-667-7327 302 Danville St., Lancaster 40444 Box 1473 108 Kassidy Drive 1708 Golden Leaf Way FAX 270-667-5111 Work 859-792-2535 Prestonsburg 41653 Louisville 40245 Dan “Malano” Seum John “Bam” Carney Home 859-792-4860 Home 606-886-9953 Home 502-489-9058 1107 Holly Ave. Fairdale 40118 341 Pembroke Way Campbellsville Derrick Graham Work 502-564-2450 42718 Room 329F Capitol Annex Frankfort 40601 Rick G. Nelson Tommy Thompson Home 502-749-2859 Home 270-465-5400 Home 502-223-1769 Rt. 3, Box 686 Middlesboro 40965 PO Box 458 Owensboro 42302 PO Box 506 Leitchfield 42755 Mike Cherry Home/FAX 606-248-8828 Home 270-926-1740 Work 502-564-8100 Tim Shaughnessy 803 S. Jefferson Princeton 42445 PO Box 1007 Brandenburg 40108 FAX 270-685-3242 Home 270-230-5866 9712 Southern Breeze Lane Home 270-422-5100 Fred Nesler Home 270-365-7801 PO Box 308 Mayfield 42066 John Tilley Louisville 40229 Home FAX 270-422-5100 PO Box 1065 Hopkinsville 42241 David P. Givens Work 502-584-1920 Work 270-623-6184 PO Box 12 Greensburg 42743 Larry Clark Keith Hall Home 270-247-8557 Home 270-881-4717 5913 Whispering Hills Blvd. Work 270-886-6800 Work 502-564-8100 Brandon Smith PO Box 466 Phelps 41553 FAX 270-623-6431 Louisville 40219 Work 606-456-3432 Ext. 25 FAX 270-885-7127 350 Kentucky Blvd. Home 502-968-3546 Hazard 41701 Home 606-456-8666 PO Box 8 Prospect 40059 Tommy Turner 2521 Ransdell Ave. Louisville 40204 Home 606-436-4526 Work 502-645-2186 175 Clifty Grove Church Road Home 502-452-9130 Home FAX 606-436-2398 72 Collins Dr. Wittensville 41274 633 N. 3rd St. Danville 40422 Home 502-228-3201 Somerset 42501 Ernie Harris Kathy W. Stein Home 606-297-3152 Home 859-238-7792 Sannie Overly Home 606-274-5175 PO Box 1073 Crestwood 40014 364 Transylvania Park Lexington 40508 Leslie Combs 340 Main Street Paris 40361 Home 502-241-8307 Work 859-225-4269 Richard Henderson Home 859-987-9879 245 E. Cedar Drive Pikeville 41501 60 Myers Cemetery Rd. Jeffersonville 40337 PO Box 969 Monticello 42633 Home 859-252-1500 Home 606-477-6672 Home 859-585-0886 Darryl T. Owens Work 606-340-8490 507 West Main Street Lebanon 40033 James R. Comer, Jr. 1018 S. 4th St., Ste. 100 Louisville 40203 Work 270-692-3881 21 Fairway Drive Southgate 41071 Melvin B. Henley Home 502-584-6341 David Watkins PO Box 338 Tompkinsville 42167 1305 S. 16th Street Murray 42071 5600 Timberlane Dr. Henderson 42420 Work FAX 270-692-1111 Home 859-781-5311 Home 270-487-5585 Home 270-753-3855 Home 270-826-0952 Tom Jensen II Charlie Hoffman 10 Deepwood Dr. Lexington 40505 FAX 270-826-3338 303 S. Main Street London 40741 207 Main Street Manchester 40962 PO Box 710 Hyden 41749 406 Bourbon St. Georgetown 40324 Home 859-299-2597 Home 606-878-8845 Work 606-598-2322 Home/FAX 606-672-8998 Work 502-863-4807 1280 Royal Ave. Louisville 40204 Home 606-598-8575 Home 502-863-9796 Don Pasley Work 502-451-8262 Ray S. Jones II FAX 606-598-2357 5805 Ecton Road Winchester 40391 PO Drawer 3850 Pikeville 41502 PO Box 467 Benton 42025-0467 Home 859-842-3337 Work 606-432-5777 Gary Tapp Home 270-527-4610 PO Box 985 Jamestown 42629 Alecia Webb-Edgington FAX 606-432-5154 308 Fishermen Circle Shelbyville 40065 Work 270-527-4610 Work 270-343-5588 1650 Chestnut Ct. Fort Wright 41011 Home 502-633-2304 Home 270-343-2264 1026 Johnson Lane South Shore 41175 Home 859-426-7322 Work 606-932-2505 121 Constitution Lexington 40507 Ron Weston 3274 Gondola Dr. Lexington 40513 423 Chieftain Drive Fairdale 40118 Work 859-259-1402 1806 Farnsley Rd. Shively 40216 Home 859-223-3274 102 Grayson Way Georgetown 40324 PO Box 323 McKee 40447 502-564-8100 Home 859-252-6967 Work 502-447-2498 Home 859-621-6956 Work 606-287-3300 FAX 859-259-1441 Home 502-447-4715 Robert J. “Bob” Leeper FAX 502-868-6086 Home 606-287-7303 229 South Friendship Paducah 42003 Brent Housman FAX 606-287-3300 PO Box 22778 Lexington 40522-2778 Ron Crimm Work 859-266-7581 Work 270-554-9637 Elizabeth Tori PO Box 43244 Louisville 40253 2307 Jefferson Street Paducah 42001 2851 S. Wilson Rd. Radcliff 40160 Home 270-554-2771 Work 502-400-3838 Home 270-366-6611 Home 270-351-1829 PO Box 273 Bedford 40006 FAX 270-554-5337 Home 502-245-8905 Home/FAX 270-442-6394 FAX 270-351-1829 Work 502-255-3286 PO Box 911 Burlington 41005 Vernie McGaha Robert R. Damron Home 502-255-3392 Work 859-525-6698 Joni L. Jenkins FAX 502-255-9911 4787 W. Hwy. 76 231 Fairway West Nicholasville 40356 2010 O’Brien Ct. Shively 40216 Russell Springs 42642 85 Kentucky Route 1101 Drift 41619 Home 859-887-1744 Home 502-447-4324 Home 270-866-3068 Home 606-377-6962 232 Norman Circle Greenville 42345 Jim DeCesare Dennis Keene 817 Culpeper St. Bowling Green 42103 Work 270-338-0816 Robin L. Webb PO Box 122 Rockfield 42274 1040 Johns Hill Road Wilder 41076 Work 270-781-9946 Home 270-338-6790 Gerald A. Neal 404 W. Main Street Grayson 41143 Home 270-792-5779 Home 859-441-5894 Home 270-842-6731 FAX 270-338-1639 Suite 2150 Meidinger Twr Home 606-474-5380 Home FAX 888-275-1182 FAX 270-781-9963 462 S. 4th Street Work 270-792-5779 Thomas Kerr PO Box 591 Grayson 41143 5415 Old Taylor Mill Rd. Taylor Mill 41015 Work 606-474-7263 Louisville 40202 Jack Westwood 8108 Thornwood Road Louisville 40220 Work 859-431-2222 Work FAX 606-474-7638 Work 502-584-8500 209 Graves Ave. Erlanger 41018 LRC 502-564-8100 Home 502-776-1222 Home 859-344-6154 306 Old Hill City Road Maysville 41056 Home 859-356-1344 Home 606-759-5167 FAX 502-564-6543 FAX 502-584-1119 FAX 859-431-3463 Tom Riner David L. Williams R.J. Palmer II Bob M. DeWeese 1143 E. Broadway Louisville 40204 PO Box 666 6206 Glen Hill Rd. Louisville 40222 Home 502-584-3639 1391 McClure Road Winchester 40391 Burkesville 42717 Martha Jane King Home 502-426-5565 633 Little Cliff Estate Lewisburg 42256 Home 859-737-2945 Work 270-864-5636 Carl Rollins II Home 270-657-2707 PO Box 424 Midway 40347 Home 270-433-7777 FAX 270-657-2755 Home 859-846-4407 Work 502-696-7474 Ken Winters 1500 Glendale Road Murray 42075 Home 270-759-5751 3430 Blueridge Dr. W. Paducah 42086 Ed Worley Home 270-744-8137 PO Box 659 Richmond 40476 Home 859-625-5536 FAX 859-623-6557 596 Walterlot Ct. Florence 41042 Home 859-371-8840 FAX 859-371-4060

THE KENTUCKY GENERAL ASSEMBLY  Committee Meetings INTERIM JOINT COMMITTEE crease slightly in fiscal years 2011 Road Fund revenue estimates for the ON APPROPRIATIONS AND and 2012, with a 3.6% and 4.6% in- upcoming biennium. He stated that REVENUE crease respectively. He then stated the revenues are projected to increase Minutes of the 5th Meeting that individual income tax is project- by 2.7% in fiscal year 2010, 1.8% in of the 2009 Interim ed to decrease by 5.8% in fiscal year fiscal year 2011, and 7.6% in fiscal November 16, 2009 2010, slightly increase in fiscal year year 2012. These slight increases are The 5th meeting of the Interim 2011 by 2.4%, and fiscal year 2012 based upon projected increases in the Index Joint Committee on Appropriations by 4.2%. He also stated that corpo- motor vehicle usage tax, consumer and Revenue was held on Monday, rate income tax will decline in fiscal spending on light vehicles, and mo- A November 16, 2009, at 1:00 PM, year 2010 by 5.3%, show a slight tor fuels tax. Administrative Regulation Review in Room 154 of the Capitol Annex. increase of 3.4% in fiscal year 2011, Mr. Steve Hinz from Accenture Subcommittee, 26, 29, 32, Senator Bob Leeper, Chair, called the but then return to a decline of 0.8% and Mr. Ankur Gopal from Agent511 35 Appropriations and Revenue, 4, 5, 7 meeting to order, and the secretary for fiscal year 2012. The coal sever- discussed a proposal to help the state called the roll. ance tax is projected to decrease by communicate with Kentuckians on B Present were: 16.5% in fiscal year 2010 and 10.4% their mobile phones using text mes- Banking and Insurance, 8 Members: Senator Bob Leeper, in fiscal year 2011, but will show a sages during times of emergency. Mr. Co-Chair; Representative Rick Rand, slight increase in fiscal year 2012 of Gopal stated that the text messages C Capital Planning Advisory Board, 16 Co-Chair; Senators David E. Boswell, 4.4%. Cigarette tax revenue projec- would provide important emergen- Capital Projects and Bond Oversight Denise Harper Angel, Ernie Harris, tions are an increase of 51.6% in fis- cy information to citizens from the Committee, 16, 18, 21, 22, 23 Vernie McGaha, R.J. Palmer II, Joey cal year 2010, but a decline of 0.7% state in real-time in an efficient, Pendleton, Tim Shaughnessy, Bran- in fiscal year 2011 and of 0.9% in fis- cost-effective manner. This service E don Smith, Robert Stivers II, Gary cal year 2012. Property tax revenues could reduce strain on 911 call cen- Economic Development and Tour- ism, 8 Tapp, and Jack Westwood; Repre- will decrease by 0.4% in fiscal year ters, and potentially help save lives Education Assessment and Account- sentatives Royce W. Adams, John A. 2010, but increase by 1.6% in fiscal in critical emergency situations. Mr. ability Review Subcommittee, Arnold Jr., James R. Comer Jr., Jesse year 2011 and 3% in fiscal year 2012. Gopal provided an estimate of how 37, 40 Crenshaw, Bob M. DeWeese, Danny The total general fund projections for much providing this service would Energy, 9 Ford, Derrick Graham, Keith Hall, the biennium are $8,135 million in initially cost the state. G Jimmie Lee, Reginald Meeks, Lonnie fiscal year 2010, $8,316.9 million in Senator Pendleton stated he Government Contract Review Napier, Fred Nesler, Sannie Overly, fiscal year 2011, and $8,625.1 mil- supports the idea of emergency alert Committee, 43, 45, 47, 50 Don Pasley, Marie Rader, Jody Rich- lion in fiscal year 2012. texting, but that some areas of his ards, Charles Siler, Arnold Simpson, Rep. Wayne asked if the imple- district have no cell phone service. L Tommy Thompson, Tommy Turner, mentation of the alcohol sales tax He then stated a resolution to this Labor and Industry, 10 Local Government, 11 Jim Wayne, and Ron Weston. has increased General Fund revenues. problem should be found before im- Guests: Dr. Larry Lynch, Con- Mr. Greg Harkenrider of the Office of plementing this type of alert system. N sensus Forecast Group; Ankur Gopal, the State Budget Director replied that Mr. Shannon Morgan, Deputy Natural Resources and Environment, Agent511; Steve Hinz, Accenture; the annualized estimate for the tax Secretary of the Finance and Adminis- 12 Deputy Secretary Shannon Morgan, is $52 million, but this is difficult to tration Cabinet, and Mr. Paul Kaplan, P Finance and Administration Cabinet; confirm. director of The Green Bank of Ken- Poverty Task Force, 58 Paul Kaplan, The Green Bank of Ken- Chairman Leeper asked if this is tucky, provided testimony regarding Program Review and Investigations, tucky; Bryan Sunderland, Kentucky the first time there has been three the Green Bank program. Mr. Morgan 52 Chamber of Commerce; Brad Blain, consecutive years of revenue declines stated that the mission of the Green Kentucky Association of Health Un- for the General Fund. Dr. Lynch re- Bank of Kentucky is to promote en- S Senior Citizens, Special Advisory derwriters, Sean Rafferty, Occupa- plied that no, but this is typically due ergy efficiency in state buildings Commission, 61, 62, 63, 64, 65 tional Health Solutions, Representa- to inflation. Chairman Leeper stated through the provision of low interest State Government, 13 tive John Tilley. according to the CFG projections the loans to state agencies, which may LRC Staff: Pam Thomas, Eric General Fund receipts will not recov- be used to reduce operating costs, re- T Kennedy, Jennifer Hays, Charlotte er to fiscal year 2008 levels until at duce energy use, protect the environ- Tobacco Settlement Agreement Fund Oversight Committee, 65, 66, 67 Quarles, John Scott, and Sheri Ma- least 2012. Dr. Lynch stated that is ment, save taxpayer dollars, promote han. correct. economic development, and create V Representative Thompson Senator Stivers asked if the al- new green collar jobs by means of Veterans, Military Affairs and Public moved to approve the minutes from cohol tax reached projected levels education, engineering analyses and Protection, 14 the October meeting as written. The in revenues. Mr. Harkenrider replied building improvements. The Green motion was seconded by Represen- that it is believed that the revenue Bank has a fund amount of $18.75 tative Simpson. The motion carried did reach the projected levels. Sena- million in ARRA funds, $14 million by voice vote. tor Stivers asked if the revenues from in the revolving fund which can be Dr. Larry Lynch, chairman of the wholesale taxes on distilled spirits distributed within three different Consensus Forecasting Group, ad- and beer have increased. Mr. Harken- loan programs. Mr. Morgan stated dressed the committee concerning rider replied they have remained flat. that the three programs are the eSELF revised revenue estimates for the Senator Shaughnessy asked how Revolving Loan Program which allows upcoming biennium. He stated that Kentucky’s coal severance tax com- state agencies to self-perform energy the forecast indicates some potential pares with other states. Mr. Harken- efficiency projects costing between economic growth, but this growth rider replied that West Virginia does $50,000 and $225,000, the Hybrid will be subpar due to slow employ- have a coal severance tax, but is un- Revolving Loan Program which allows ment growth and weak consumer sure of the tax rate. Senator Shaugh- funding for energy projects in state spending. Dr. Lynch said that sales nessy then asked for a comparison of facilities that cost between $50,000 tax receipts are projected to decrease how other states tax coal. and $600,000, and the ESPC Revolv- by 3.3% in fiscal year 2010, and in- Dr. Lynch also discussed the ing Loan Program which funds energy

 2010 Interim LEGISLATIVE RECORD efficiency projects typically costing next fiscal year. Representative Tilley tives John Tilley, and Alecia Webb- She further stated that this lag time more than $600,000. replied that the bill does not include Edgington. from arrest to imprisonment could Mr. Morgan then stated that the criteria at this time. The only require- Guests: LaDonna Thompson, impact the prison population projec- Green Bank financing will pay for up- ment is that the businesses’ program Commissioner, Department of Cor- tions. front costs of energy-savings proj- must be approved by the Cabinet for rections; Ed Moynahan, Commission- Mr. Harkenrider stated the Con- ects. He said that future reduced en- Health and Family Services. er, Department of Public Advocacy; sensus Forecasting Group (CFG) will ergy usage will help repay the loan. Representative Lee stated he Mark Robinson, Director of Adminis- be meeting on December 4th and will Energy loans approved by the Green believes that businesses offered trative Services, Department of Cor- be able to elaborate more on the is- Bank Program Loan Committee carry wellness program credits should be rections, Greg Harkenrider, Deputy sue. He stated that most of the vari- a fixed rate for the term of the loan. required to prove progress towards Director, Office of State Budget Di- ables that effect the prison population He stated that the minimum amount health cost reductions. rector, Michael Jones, Governor’s Of- are employment related variables. He that may be borrowed is $50,000. He Senator Harris presented the fice of Policy Research. also stated that employment has not stated that the energy loans, includ- subcommittee on Economic Devel- LRC Staff: Mike Mullins and hit a bottom and is not expected to ing secondary loans, may be used for opment, Tourism, Natural Resources, Ashlee Mcdonald. do so until sometime in 2010. The construction, upgrades or retrofits and Environmental Protection report Chairman Crenshaw welcomed bottom for the unemployment rate that are intended to result in reduced and moved for its adoption. The mo- the members and attendees to the and most of the employment vari- energy usage and costs. Loans may tion was seconded by Representa- meeting. A quorum was not present. ables that are useful in models will also be used to pay for certain ad- tive Ford. The report was adopted by Commissioner Thompson intro- not be seen until the middle of 2010. ministrative costs associated with an voice vote. duced her guests to the committee, Mr. Harkenrider stated the lag is ap- energy project. Projects may involve Representative Thompson pre- and with the help of Director Robin- proximately 3 or 4 months between one or more measures for individual sented the subcommittee on Primary son, presented information concern- arrest date and incarceration date. or multiple sites. He said that the and Secondary Education and the ing the current and projected prison He gave the example that if an arrest Green Bank is being funded through subcommittee Postsecondary Educa- population. Greg Harkenrider and were to occur in the middle of 2010 federal stimulus dollars and subsidies tion report and moved for its adop- Michael Jones explained the process the fiscal pressure would possibly through the American Recovery and tion. The motion was seconded by used to project the inmate popula- not be felt until 2011 or even into Reinvestment Act (ARRA). Representative Graham. The motion tion for the upcoming biennium. 2012. Mr. Harkenrider stated that The committee discussed a res- was adopted by voice vote. Chairman Crenshaw stated that growth in the prison population in olution introduced by Representa- Representative Crenshaw pre- he understood that the numbers 2011 and 2012 is inevitable. tive Richards concerning the United sented the subcommittee on Justice provided by Mr. Harkenrider would Chairman Crenshaw asked if States Postal Service processing and and Judiciary report and moved for its not be an exact figure, but it would the Department of Corrections or distribution center located in Bowl- adoption. The motion was seconded be an estimate of the population that the administration has any ideas or ing Green, Kentucky. by Representative Richards. The mo- the legislature would use in the up- proposals to present to the General Representative John Tilley, Bry- tion was adopted by voice vote. coming session to help prepare the Assembly that might mitigate the an Sunderland from the Kentucky After additional discussion, budget for the Department of Correc- projected prison population growth. Chamber of Commerce, Brad Blain Representative Thompson moved for tions. He further stated that if the depart- of Kentucky Association of Health the adoption of the committee reso- Representative Webb-Edging- ment had any recommendations, the Underwriters, and Sean Rafferty of lution introduced by Representative ton asked if a private vendor makes sooner they informed the General Occupational Health Solutions dis- Richards. The motion was seconded the initial assessment of the prison Assembly of those ideas, the bet- cussed 2010 BR 210 which estab- by Representative Ford. The motion population figures whether that as- ter, because of the turnaround time lishes a wellness project credit. Mr. was adopted by voice vote. sessment is compared with GOPM needed to make a recommendation Sunderland highlighted some of the There being no further business, figures. Mr. Harkenrider confirmed into law. Chairman Crenshaw stated health issues facing Kentucky. He the meeting was adjourned at 3:25 that the final projection was a blend that he had asked the Administrative stated that the purpose to a wellness p.m. A cassette tape of this meeting of the consultant and GOPM’s analy- Office of the Courts for recommen- credit is to encourage employers to and all meeting materials are avail- sis. dations to help deal with the issue promote good health among its em- able in the Legislative Research Com- Representative Webb-Edgington as well. Commissioner Thompson ployees. Wellness programs can help mission library. asked what the private vendors charge stated they do not have any recom- lower private insurance costs, as well for services, and if there is an ongoing mendations at this time. She also as help ease the strain on Kentucky’s contract with them. Commissioner stated that she has been asked by Medicaid system. Mr. Blain discussed Thompson stated that there is a con- other committees about recommen- the provisions of the bill, which tract, and the cost is about $27,000 dations to fix the growth issue and would provide employers with a tax a year for the population projections about electronic monitoring. Com- credit up to 50% of expenses incurred INTERIM JOINT COMMITTEE and other minor services. Represen- missioner Thompson stated that the by the employer, limited to $100 per ON APPROPRIATIONS AND tative Webb-Edgington asked what department is currently gathering in- employee per year with a maximum REVENUE other services the vendors provide. formation on both subjects to help of $30 per month for physical fitness Budget Review Subcommittee on Commissioner Thompson stated arrive at a recommendation. per employee. Justice and Judiciary she they provide information that Chairman Crenshaw stated that Mr. Rafferty discussed the pro- Minutes of the 3rd Meeting she requests concerning programs offenders in Fayette County are pay- cess of setting up a wellness pro- of the 2009 Interim in other states, and provide outside ing for the use of the GPS monitoring gram and provided examples of how November 16, 2009 expertise for the department when it system themselves and by doing so; wellness programs have helped cut The 3rd meeting of the Budget is considering changes in policies or Fayette County has saved approxi- wellness costs for businesses in the Review Subcommittee on Justice and programs. For instance, last year the mately $50 a day. He stated it is not state. Judiciary of the Interim Joint Com- department tried to determine why cost effective in hard economic times Chairman Leeper asked if any mittee on Appropriations and Reve- the population was rising. The de- to incarcerate offenders that are not a other states provide businesses with nue was held on Monday, November partment consulted with the vendor real danger to society or themselves. a wellness program tax credit. Rep- 16, 2009, at 10:30 AM, in Room 129 and they found that the Parole Board Chairman Crenshaw stated if GPS resentative Tilley replied that Indiana of the Capitol Annex. Representa- was granting parole at a lower rate monitoring could be utilized to help has had a credit in place since De- tive Jesse Crenshaw, Chair, called the than in the past. Because they were reduce the prison population, costs cember of 2007. The credit is limited meeting to order, and the secretary able to identify the reasons, it was could be reduced significantly. to employers with less than 100 em- called the roll. possible to estimate a more accurate Chairman Crenshaw asked if the ployees. Present were: population projection. proposed raise of felony costs from Representative DeWeese asked Members: Senator Robert Sti- Representative Webb-Edgington $300 to $500 had been figured into if there are any criteria which must vers II, Co-Chair; Representative asked what the time frame is from any of the numbers presented to the be met to show progress in order to Jesse Crenshaw, Co-Chair; Senator when a person is arrested to when committee. Commissioner Thomp- be approved to receive the credit the Dan “Malano” Seum; Representa- they are sentenced and imprisoned. son stated it had not been figured

THE KENTUCKY GENERAL ASSEMBLY  in, but that the department is in the per inmate. She stated the costs also there are also reports that come from cost included the produce given by process of analyzing the impact of include all staff salaries. Chairman the facilities to the nutritionists ev- the farms. Commissioner Thompson that change. Crenshaw stated he is perplexed at ery week to follow up. She stated stated the figure does not include the Senator Seum asked if the De- the ability of the contract vendor to occasionally there have been times produce provided by farms. She also partment of Corrections tracks bills be able to provide a meal at such a where things were not correct and indicated the produce is provided to introduced by the General Assem- cost, when even a small hamburger they have brought it to Aramark’s Aramark to use and Aramark reim- bly that call for enhanced penalties costs more than $.80 per meal, and attention and it has been corrected. burses the state for its use. She also and informs legislators of the impact the hamburger itself is not even She indicated there has been staff stated there is not a large amount of these bills will have on the budget. a complete meal. Commissioner turnover with Aramark because the produce that is distributed this way. Commissioner Thompson stated Thompson stated that she is unaware Aramark employees did not do what Senator Seum asked what is they do have an opportunity to re- of the pricing structure for how they they were supposed to do. available at the concessions and view the bills and they present fiscal determine a certain amount of mon- Commissioner Thompson stated asked if the concessions do well. Mr. impact statements that show the in- ey per meal. she does not believe it is systematic Robinson stated the commissaries creased costs. Chairman Crenshaw recapped nor is it wide spread. She said she do have steady business. He stat- Chairman Crenshaw asked if statements made in the Judiciary has done a survey with the wardens ed that how Aramark structures its there are meetings between the de- meeting pertaining to the meals in and asked if they had systematic is- costs is proprietary. He also indicated partment and the Sponsors of the the prison systems. He stated one sues after this had come to her at- the department pays Aramark $2.63 various bills. Mark Mangeot, with accusation was made that some in- tention, and the results were that per inmate based on total popula- the Justice Cabinet Office of Legis- mates constantly stay hungry be- none of the wardens claimed there tion, not just on who consumes the lative Services stated when a bill is cause they are not receiving enough was a systematic issue. She stated a food. He stated if 85% or 90% of the introduced that will effect an agency, food. He stated it was also alleged few wardens claimed that occasion- inmate population eat that day, the the first priority is to sit down and by one witness that the cause of the ally those things do happen, but it department will still pay the same discuss cause and effect with the disturbances at Northpoint Train- is not an ongoing issue. Commis- amount as if 100% of the population specific sponsor or sponsors of the ing Center was bad food, food that sioner Thompson stated that as far ate. Senator Seum asked if inmates bills. had been stretched too far such as as allegations claiming certain things can choose to eat at the commissary Chairman Crenshaw asked if soups being thinned down by water were in food, some of those were not instead of the meal. Mr. Robinson there are plans to expand any insti- to accommodate the growing popu- correct. She stated there has been a stated that could if they had the nec- tutions. Commissioner Thompson lation of inmates. Chairman Cren- time or two where an insect would essary funds. stated it has been requested in the shaw stated that it was alleged the be found in food and that happened Chairman Crenshaw stated that budget to expand Little Sandy Cor- inmates decided to riot because the not only with Aramark, but also one of the accusations in the Judi- rectional Complex. food situation was so dire. He indi- when the department was in charge ciary meeting was that inmates were Chairman Crenshaw stated in the cated that members of the General of the food. She indicated that can not getting enough to eat, and there- last Judiciary meeting, concerns were Assembly should ask the depart- occur with the nature of the busi- fore needing to go to the commissary expressed regarding food services at ment to closely monitor far these ness in working in big kitchens such for additional food. Northpoint prison, and for the entire types of situations because it has as the ones in the prison systems. Chairman Crenshaw asked if the prison system. Chairman Crenshaw been alleged that these circumstanc- Commissioner Thompson stated as department has arrived at a cost of stated that during the last Judicial es exist not only occurring at North- soon as anything of that nature is repair for Northpoint and how much Committee meeting there were se- point, but system wide. Chairman discovered, it is pulled from the line of that cost would be covered by in- rious accusations made concerning Crenshaw stated that in some way, and that is the way both the depart- surance. Commissioner Thompson the food services and requested that this situation needs to be addressed. ment and Aramark handle the situ- stated the insurance company is Commissioner Thompson address Commissioner Thompson stated ation. She stated she did not have still working on getting an estimate this issue. He stated during the 2nd she understands that food is always the information with her on the food to the department. Chairman Cren- Budget Review Subcommittee on a concern and also that as a commit- service issue, but would be happy to shaw asked when Commissioner Justice and Judiciary meeting, the tee and legislators they have need to come back anytime with it and with Thompson expected the information. department was in the process of know what has been occurring. She the people who handle the food ser- Commissioner Thompson stated the investigating the allegations and the indicated that all the menus are set vice. Chairman Crenshaw stated that insurance company was supposed to committee decided to wait until the on a caloric intake that is set at a the committee may have the depart- have an estimate to the department report was released on the investiga- national level, and she could provide ment do that at some point. He also approximately a week and a half be- tion before discussing the issue any the committee with that informa- stated that it was suggested in the fore the meeting, however, the insur- further. Chairman Crenshaw stated tion. Chairman Crenshaw stated the Judiciary Committee meeting that all ance primary care provider did not that because the report had been fi- allegations were not concerning the parties involved in these allegations agree with the engineer so a revised nalized, he would now like to discuss nutritional value of the food on the meet together, the people making the estimate is in progress, but they have the issue. menu, but that the food quality and accusations, the Judiciary Commit- not given a specific date for the esti- Chairman Crenshaw asked if the quantity may be altered to the point tee, the Department of Corrections’ mate. cost of the food services per inmate is that they are not what Aramark is staff and Aramark. Chairman Cren- Chairman Crenshaw re-stated $2.63 per day. Commissioner Thomp- being paid to provide. He indicated shaw stated the reason this sugges- the accusation of bad food being part son stated that was correct. Chair- that if the allegations are correct, tion was made was because the al- of the cause of the riot. He asked if man Crenshaw asked if that amount inmates are getting far less caloric legations are very serious and need steps are being taken to ensure this included 3 meals per day. Commis- intake than what is recommended. to be addressed. type of incident does not occur at an- sioner Thompson stated that was He stated the allegations are that Senator Seum stated when he other institution no matter what the correct as well. Chairman Crenshaw no one is listening to the inmates was in the Military he had the duty accusation. Commissioner Thomp- asked what meal is available to the when complaints are launched about of being in charge of food. He stat- son stated the information has been inmates at that low of a cost. Com- the amount of food, what the food ed they had a “master menu.” He gathered in draft form concerning missioner Thompson stated that the contains, and the quality of food. asked if the institutions have master the events at Northpoint. She also meals are put together based on size Commissioner Thompson stated the menus. Commissioner Thompson stated the draft is currently being and nutritional value. She indicated quality is reviewed at the institution- stated they do have a master menu. reviewed by the Secretary and Gov- there is a specific size to each serv- al level and staff is in place in kitch- Senator Seum asked if there is ernor. She stated anytime a serious ing. She stated that the opportunity ens and elsewhere that monitor the a farm system in place for growing incident such as Northpoint occurs; for Aramark to buy in bulk is one of situation. She stated the department and providing food. Commissioner the department uses the experience the reasons for being able to provide is involved with Aramark and some- Thompson stated there was and the as training for all the other institu- a meal at such a low cost. Commis- times what is found is an inappropri- system incorporates some of the tions to ensure a second incident sioner Thompson stated when the ate amount of food in a scoop and produce grown on the farms into the does not occur. department provided the meals; the when that is found, there is follow- inmate meals. Senator Seum asked if Chairman Crenshaw stated that cost was approximately $3.28 a day up. Commissioner Thompson stated the $2.63 per inmate per day meal at the Judiciary meeting, it was al-

 2010 Interim LEGISLATIVE RECORD leged that when a complaint was the department about paying public Overly, Co-Chair; Senator R.J. Palmer at the federal level were all going into lodged, it was ignored. He stated that defenders more who have experience II; Representatives Eddie Ballard, Hu- the Highway Trust Fund and then be- he understands there is constant and who can also handle higher case- bert Collins, James R. Comer Jr., Tim ing spent on transportation. communication between the war- loads. He stated the pay scale con- Couch, Danny Ford, Jim Gooch Jr., Representative Hall requested dens, the department, the Cabinet cerns him. Keith Hall, Fred Nesler, Don Pasley, elaboration on energy security and and others involved, however, the al- Commissioner Moynahan stated Ancel Smith, and Ron Weston. the development of alternative fuels. legation was that the complaint was he agreed a pay increase should oc- Guests: Representative John Mr. Shenendorf said the recommen- ignored, not that there was not con- cur for the more experienced attor- Will Stacy; Jack Schenendorf, Of dation was that the portion of rev- stant communication between the neys. He stated with the current Counsel, Covington and Burling, enues collected on the federal level parties involved. turnover rate of experienced attor- LLC, by video teleconference from would go toward programs to hasten Chairman Crenshaw asked if neys because of low pay is costing Washington, DC; Richard Dobson, the transition to alternative fuels any additional programs are going the state money in the long run. He Executive Director, Sales and Excise and technology, so that we would to be added to Northpoint once it is also indicated that when a new law- Tax Division, Revenue Cabinet; Jim rely less on oil as the source of fuel rebuilt, such as a drug treatment fa- yer is hired for the Commonwealth, Oliver, Director, Miscellaneous Tax for our transportation system. This cility or any program that will need they are usually asked to relocate and Division, Revenue Cabinet; Russ Ro- would be from both an energy secu- additional funding. Commissioner they also have the additional burden mine, Executive Advisor to the Sec- rity point of view and from a green- Thompson stated the department of student loans from undergradu- retary, Transportation Cabinet; Steve house gas emissions point of view. has reviewed the facility and should ate school and law school. Commis- Waddle, Executive Director of Project He thought it was appropriate for the not need more funding for additional sioner Moynahan stated he would Development and Acting State High- transportation system itself to help programs. like to have the resources to obtain way Engineer, Transportation Cabi- pay for that transition. Representative Webb-Edgington and retain new attorneys. He stated net; and, Tammy Branham, Executive Representative Hall commented asked for an example of a lunch or he would like to be able to keep at- Director, Office of Budget and Fiscal that there were some Germans in his dinner meal that would be served in torneys that are of high value to the Management, Transportation Cabi- office last week discussing the Ger- the facilities. Commissioner Thomp- court system, clients, and agencies net. man cap and trade program and they son stated the last time she ate at without losing them because of a LRC Staff: L. Bart Hardin, Stew- were not satisfied with it. He asked an institution; she had tacos, refried lack of flexibility in funding. art Willis, Stephanie Craycraft, and what other countries, like Germany, beans, a salad, a cookie and some- Rep Tilley stated he agreed with Marlene Rutherford. have done for transportation with the thing to drink. Mr. Mangeot stated that position. Rep. Tilley stated that Chairman Leeper requested a cap and trade issue. Mr. Schenendorf Secretary Geveden personally asked he believed a good, more experienced motion to approve the minutes from replied that different countries are inmates if their meal was satisfac- attorney can handle the workload of the October 22, 2009 meeting. A implementing, or proposing to im- tory. Secretary Geveden’s findings 2 or 3 newer attorneys. motion was made by Representative plement, cap and trade in different were that inmates agreed they were Commissioner Moynahan stated Hall, seconded by Representative ways. Representative Hall thanked satisfied with their meals, and they the experienced attorneys can handle Collins, and the minutes were ap- Mr. Schenendorf for his informative had plenty to eat. cases of much greater complexity. proved without discussion. presentation. Representative Webb-Edgington Rep Tilley asked what the top Chairman Leeper introduced Jack Representative Overly expressed asked if anyone from the department pay of seasoned attorney is. Com- Schenendorf, Of Counsel, Covington her appreciation for Mr. Schenendorf visits the institutions unannounced missioner Moynahan stated he will and Burling, LLC, who provided a sharing the findings of the commis- to eat. Commissioner Thompson provide the committee with that presentation by videoconference re- sion’s study. She asked if there had stated that they do visit and eat un- information, but does not currently garding gas tax alternatives. been any discussion of augmenting announced. have it with him. Representative Collins asked for the gas tax to bridge the gap until Representative Tilley stated Rep Tilley stated that he sees an explanation of other user fees in technology could take us a different there are two sides to every story people being granted public advo- addition to tolls. Mr. Schenendorf way in funding projects. Mr. Schenen- and given the current situation, the cates that can afford their own at- replied that the types of user fees dorf replied that the recommendation committee is waiting on the report torneys and should not be receiving which were recommended were mo- would be to implement all of the fed- that the Governor and Secretary are help from a public advocate. He fur- tor fuel taxes, indexing of the motor eral financing tools mentioned in his reviewing before making any deci- ther stated that because of this, DPA fuel tax, value-added taxes, registra- presentation, rather than using only sions on the issue. He also reiterated seems to be getting more cases than tion fees, personal property tax, ve- one single method. the suggestion of bringing everyone they should have. hicle sales tax, traditional tolls, toll- Chairman Leeper, seeing there involved together for a meeting to Chairman Crenshaw thanked ing new lanes, tolling existing lanes, were no further questions, thanked hash out the issue. Commissioner Moynahan for his VMT fees -- both indexed and not in- Mr. Schenendorf for his presentation. Representative Tilley stated presentation. Chairman Crenshaw dexed -- congestion pricing, local op- Mr. Schenendorf mentioned their Aramark was given the opportunity adjourned the meeting at approxi- tion sales tax, impact fees, container website as TransportationforTomor- to respond to the allegations made mately 12:26 P.M. fees, customs duties, public-private row.org, where the report was posted at the Judiciary Committee meeting partnerships, etc., which were the for viewing. and failed to comment. He asked if INTERIM JOINT COMMITTEE methods that would work the best, Chairman Leeper then invited Aramark has contacted anyone in the ON APPROPRIATIONS AND would be easiest to implement, and representatives of the Revenue Cabi- department for a response to the al- REVENUE scored the highest on the ranking net to come forward. Representa- legations. Commissioner Thompson Budget Review Subcommittee on system that was used. He said none tive Overly commented that she had stated she believes Aramark would Transportation of them came close to the indexed asked them to the meeting in order to agree to attend a meeting of every- Minutes of the 4th Meeting motor fuel tax, which was the high- help bring Mr. Schenendorf’s federal one involved to respond. of the 2009 Interim est ranking, but unfortunately would information to the state level, and to Chairman Crenshaw thanked November 16, 2009 not be available until the far distant explain what it means for Kentucky. Commissioner Thompson for ap- The fourth meeting of the Budget future. Richard Dobson and Jim Oliver pearing before the committee and Review Subcommittee on Transpor- Representative Collins asked if provided information regarding the welcomed Commissioner Ed Moyna- tation of the Interim Joint Commit- “no diversions” meant that trans- state gas rate, how it was calculated, han for his presentation to the com- tee on Appropriations and Revenue portation dollars would not be used and its history. mittee. was held on Monday, November 16, for anything except transportation. There being no questions, Chair- Commissioner Moynahan 2009, at 10:30 AM, in Room 171 of He asked what some of the most man Leeper thanked them for their thanked the committee and intro- the Capitol Annex. Senator Bob Leep- common uses for transportation very informative presentation. He duced himself before he began his er, Chair, called the meeting to order, funds were and Mr. Schenendorf re- then invited Russ Romine, Executive presentation on the Department of and the secretary called the roll. plied that for the past ten or fifteen Advisor to the Secretary of the Trans- Public Advocacy’s budgetary status. Present were: years Congress had tried to refocus portation Cabinet, to come forward. Representative Tilley asked if Members: Senator Bob Leeper, the federal effort to make sure that Mr. Romine provided an update there are any recommendations from Co-Chair; Representative Sannie transportation-related fees collected of federal stimulus funds through the

THE KENTUCKY GENERAL ASSEMBLY  American Recovery and Reinvest- ect would be stalled. Mr. Waddle Representatives James R. Comer Jr., Minutes of the 4th Meeting ment Act of 2009 (ARRA) and the agreed. Will Coursey, Ron Crimm, Ted Ed- of the 2009 Interim state bond program. Representative Overly inquired monds, Jim Gooch Jr., Mike Harmon, November 19, 2009 Representative Pasley asked if about the gas tax. Tammy Branham Dennis Horlander, Brent Housman, The 4th meeting of the Interim other states had complied with the came forward and provided a brief Dennis Keene, Adam Koenig, Brad Joint Committee on Economic De- 50% benchmark for the obligation overview of the motor fuels tax. Montell, Sannie Overly, Jody Rich- velopment and Tourism was held on of ARRA funds. Mr. Romine replied Representative Overly requested ards, and Steve Riggs,. Thursday, November 19, 2009, at that every state had complied. Rep- an explanation of projects without Guests: Representative Larry 1:00 PM, in Room 154 of the Capitol resentative Pasley asked if there was funding for prior phases. Mr. Waddle Clark, Speaker Pro Tem, Steve Kinkade, Annex. Representative Eddie Ballard, a pool of money that would be re- replied that although it was a very President and Peggy Porter, Executive Chair, called the meeting to order, distributed. Mr. Romine replied there difficult process, they were moving Vice President, Independent Insur- and the secretary called the roll. was not. He added that if states did the projects forward. Representative ance Agents of Kentucky, David Dan- Present were: not fully obligate their ARRA funds Overly asked if additional work had to iel, President, National Independent Members: Senator Alice Forgy (100%) by March 2, 2010, there be done in order to move a project to Insurance Agents Association, and Kerr, Co-Chair; Representative Eddie would be the potential for redistribu- the next phase. Mr. Waddle replied Sharon Clark, Commissioner, Ken- Ballard, Co-Chair; Senators Denise tion of any unobligated funds. Rep- that was true for some projects. tucky Department of Insurance. Harper Angel, Ray S. Jones II, Ka- resentative Pasley asked when the Representative Couch stated LRC Staff: Rhonda Franklin, Em- tie Kratz Stine, Gary Tapp, and Jack process should begin if applying for that the estimates for the projects ily Bottoms, Jens Fugal, and Jamie Westwood; Representatives Royce those unobligated funds. Mr. Romine in his district included the different Griffin. W. Adams, Kevin D. Bratcher, John replied that it would be based on a project phases. He asked when look- Steve Kinkade, President and “Bam” Carney, Larry Clark, Leslie formula distribution for the states ing at the estimated, the pending, Peggy Porter, Executive Vice Presi- Combs, Will Coursey, Bob M. De- that had met their obligation, and and the awarded projects, what dol- dent, Independent Insurance Agents Weese, Myron Dossett, Kelly Flood, would not be through a competitive lar amount would that represent. Mr. of Kentucky (IIAK), welcomed and Jim Gooch Jr., Keith Hall, Mike Har- discretionary grant process. Romine replied $531 million, which thanked the committee for holding mon, Dennis Keene, Adam Koenig, Chairman Leeper asked for an was the total amount programmed. its interim meeting in conjunction Tom McKee, Tim Moore, Fred Nesler, explanation of the designation codes Representative Couch disagreed. He with the association’s annual con- David Osborne, Ruth Ann Palumbo, on the state bond project list. Mr. said those figures did not add up. Mr. vention at the Marriott Downtown Don Pasley, Ancel Smith, Fitz Steele, Romine said those projects marked Romine stated that he would provide in Louisville, Kentucky. Mr. Kinkade Ron Weston, and Addia Wuchner. “pending” indicated the project had that information to the committee at stated that IIAK is the largest trade Legislative Guests: Representa- not yet been authorized. Mr. Wad- a later date. association in Kentucky and was tive Sal Santoro. dle added that those marked “re-es- Representative Couch said he founded in 1896. Guests: John T. Walczak, Ex- timated” indicated the estimate was could not understand why a project Representative Larry Clark, ad- ecutive Director, Louisville Zoo; Gary updated based upon recent project could not be moved forward if the dressed the committee regarding L. Stewart, Board Member, Louis- status. estimated amounts had been includ- 10RS BR 213-AN ACT relating to ville Zoo Foundation; Bob Babbage, Chairman Leeper asked if proj- ed in the bond funding. Mr. Romine continuity of health care, and gave a Babbage Cofounder; Kevin T. Sheil- ects still designated as “estimated” replied that they had been 33% over- brief summary of the bill. He stated ley, General Manager, Moral Hydro; were in danger of not being funded. programmed, so the full amount of that his sponsorship of the bill was Mike Baker, Executive Director; Han- Mr. Romine answered that some bid bond proceeds would not be avail- to protect consumers who are in- cock County Industrial Foundation; prices were coming in at 10% to 20% able, unless bids came in much less volved in a situation similar to the Gretchen Landrum, Executive Direc- less than what had been estimated, than anticipated. Mr. Romine elabo- recent Anthem Healthcare/Norton tor; Northern Kentucky Convention which would allow more projects to rated by stating that if a project was Hospital contract dispute. Center; and Tom Caradonio, Presi- be completed. If bid pricing contin- funded with SPB funds, and if there Representative Jeff Greer stated dent, Northern Kentucky Conven- ued in that pattern, more needs of was an earlier phase that needed that this legislation will give patients tion and Visitors Bureau. over-programmed projects could be funding before the project could be peace of mind, that it is good legis- LRC Staff: John Buckner, Com- met. Chairman Leeper inquired if advanced to the phase in the High- lation, and he looks forward to the mittee Staff Administrator; Karen timing was an issue for those proj- way Plan, they had been using some committee considering the bill for a Armstrong-Cummings; Louis DiBi- ects. Mr. Romine replied that the fo- of the SPB funds to advance that vote in January. ase; and Dawn Johnson. cus had been primarily on stimulus project. He said they had not been Sharon Clark, Commissioner, A motion and second by Repre- projects. Mr. Waddle said that there using SPB funds for later phases. Kentucky Department of Insurance, sentative Pasley and Representative were no projects considered to be in Chairman Leeper thanked the addressed the committee regarding Hall to approve the minutes of the danger at this point. panel for their very informative pre- the legislative package the Depart- October 15, 2009, meeting passed Representative Overly inquired sentations. There being no further ment of Insurance will be present- by voice vote. about the time frame for getting discussion, the meeting was ad- ing for passage in January. She gave The first item on the agenda was projects in the state bond pool to journed at approximately 12:15 PM. a brief summary of the legislative a discussion by John T. Walczak, Ex- completion. Mr. Romine replied that package and stated that it contained ecutive Director of the Louisville Zoo, they are in the process of moving the INTERIM JOINT COMMITTEE many consumer protection issues as about its importance to the Com- projects forward as quickly as pos- ON BANKING AND well as necessary changes to the cur- monwealth as well as a presentation sible. INSURANCE rent law in order to maintain the de- of the zoo’s Glacier Run project. Mr. Representative Overly asked Minutes of the 4th Meeting partment’s accreditation status and Walczak said the zoo reaches many what was meant by “SP” funds. Mr. of the 2009 Interim for compliance with federal law. people through a variety of means. Waddle explained that those were November 12, 2009 Representative Jeff Greer thanked Last year, attendance at the zoo was state funds. He added that there The 4th meeting of the Interim the IIAK for the opportunity to meet at a record high, with over 835,000 were four different phases: design, Joint Committee on Banking and in conjunction with the annual con- visitors. The zoo has also extended right-of-way, utilities, and construc- Insurance was held on Thursday, vention. He stated that the next free admission to children of need tion, and those could be funded in November 12, 2009, at 10:00 AM, meeting of the Banking and Insur- through a partnership with Zoo Kids, various ways, which could result in at Marriott Downtown, Louisville, ance Committee would be when the Inc., and issued over 20,000 passes some funds being available for other Kentucky. Representative Jeff Greer, General Assembly convenes for the last year alone, the cost of which projects. Representative Overly stat- Chair, called the meeting to order, 2010 Regular Session in January. was borne by business donations to ed that some projects did not have and the secretary called the roll. The meeting adjourned. the project. The zoo is largely self- dedicated funding in later phases of Present were: sufficient, raising over 80 percent the project, and a project could be Members: Senator Tom Buford, INTERIM JOINT COMMITTEE of operating revenues through ad- advanced up through whatever phase Co-Chair; Representative Jeff Greer, ON missions fees and retail sales. The was provided for from the bond pool, Co-Chair; Senators Julian M. Carroll, ECONOMIC DEVELOPMENT remaining money is raised by fund- ing through the Louisville Metro City and absent other funding the proj- Gerald A. Neal, and Brandon Smith; AND TOURISM

 2010 Interim LEGISLATIVE RECORD Government. Mr. Walczak explained ager of Moral Hydro, identified sev- center is self-sustaining and has op- Center for Applied Energy Research, that strategies are in place to make eral core issues and threats to the erated in the black since its opening. . the zoo increasingly self sufficient. industry, which are the availability of She said $104 million in business has LRC Staff: D. Todd Littlefield, Mr. Walczak said the Louisville cost effective energy, workforce de- been turned away because the cen- CSA, Taylor Moore, and Susan Spoon- Zoo is proud of its education out- velopment and improving employee ter is fully utilized. Ms. Landrum said amore, Committee Assistant. reach components. Through pro- skills, facility infrastructure, and in- that while $51 million is needed to The October 7, 2009 minutes grams such as “Zoo to You,” which formed and collaborative environ- expand the convention center, given were approved, without objection, brings animal exhibits to outlying mental policies. It was emphasized the state’s financial conditions, they by voice vote, upon motion made by areas in the state, and “School at that the skilled labor force needed to are asking a smaller commitment of Sen. Boswell and seconded by Rep. the Zoo” where classes are held at staff aluminum production facilities $3 million to help fund the engineer- Combs. the zoo itself, thousands of Ken- is rapidly aging, with nearly 40 per- ing studies to purchase a parcel of Sen. Smith introduced Jim Camp- tucky school children are exposed to cent of skilled labor being within five surrounding land that is currently bell, President and CEO of General educational components that are de- years of retirement. To staff produc- available. This land, a 108-space Electric, Consumer and Industrial. Mr. signed to mesh with the curriculum tion facilities, skilled labor such as parking lot, is currently owned by Campbell gave a presentation on En- demands of the school system. electricians and machinists must be the Internal Revenue Service. Given ergy Efficient and Demand-Response Mr. Gary Stewart of the Louis- trained and brought into the work- that the center is “land locked” with Appliances. Ecomagination, GE’s in- ville Zoo Foundation explained that force as soon as possible. Mr. Salis- little available adjacent space for new novative solutions to environmental the construction of the Glacier Run bury said another challenging area construction, it is imperative to ob- challenges, represents their commit- project is currently underway. The for the aluminum industry is an ag- tain this land while the opportunity ment to renewable energy and the zoo has raised $23.5 million from ing infrastructure. exists. To secure a future purchase, environment. He explained that the over three hundred donors, and an Mike Baker, Executive Director of the center will be requesting $3 mil- plant in Louisville is the global head- additional $5.6 million is needed to Hancock County Industrial Founda- lion in state funding to hold the land quarters of GE Consumer and Indus- complete the project, $4 million of tion said one of the opportunities for for expansion at a later date. trial that includes appliances, light- which will be requested from state the industry is House Bill 3 passed Mr. Tom Caradonio, President of ing and electrical distribution. The funding. Mr. Walczak said with the during the 2009 Special Session the Northern Kentucky Convention plant was established in 1953, and completion of Glacier Run, state and which included the Kentucky Rein- and Visitors Bureau explained that has 5,000 employees. The business local tax revenues will increase by vestment Act. He said HB 3 provides measured in terms of room nights, it contributes $425 million each year over $1 million and 400 jobs will be the tools necessary to help compa- is estimated that over 700,000 room to the Louisville economy, and has added as compared to 2004. nies reinvest in employees and facili- nights were lost last year, which invested $500 million in Louisville In response to Representative ties. translates into $104 million in lost since 2001. Gooch’s question on instructional Representative Wuchner asked income to the area. He said the big- Mr. Campbell stated that GE content, Mr. Walczak explained that what job skills are needed for the gest problem they face is the inabil- supports the governor’s 2008 Strat- the zoo’s education programs pres- future workforce. Mr. Salisbury said ity to house growing conventions egy for Energy Independence includ- ent scientific facts and do not take a high school diploma is sufficient who must find other hosting facili- ing coal gasification. General Electric sides on issues such as global warm- for many jobs but the at-risk jobs ties due to the restricted space of the is marketing products that will save ing. are skilled trades such as mechan- convention center. money for consumers including the Responding to Representative ics, technicians, and electricians. There being no further business, hybrid electric water heater, an en- Bratcher’s question, Mr. Walczak Mr. Baker said the partnership with the meeting adjourned. ergy monitoring system in the home, explained that the recent accident Kentucky Community and Technical and smart appliances. involving the zoo’s train ride is still College System helps fill vocational Kevin Nolan, Vice President, under investigation with the zoo’s training needs for the industry. SPECIAL SUBCOMMITTEE ON Technology, General Electric, dis- complete cooperation. The ride is not Co-Chair Kerr asked in what ENERGY cussed GE’s progress on making their in operation pending the outcome of areas of manufacturing is aluminum Minutes of the 6th Meeting products more energy efficient. the investigation. replacing steel. Mr. Salisbury gave of the 2009 Interim Jerry Carney, President, Lo- The committee then heard a examples of semi tractor trailer truck November 20, 2009 cal 761, IUE-CWA stated that their presentation by the Kentucky Alu- rims and building supplies used in The 6th meeting of the Special union has had to change their way minum Network on the importance Leadership and Environmental En- Subcommittee on Energy was held of doing business in order to be com- of the industry to the state in terms ergy Efficient Design, a program used on Friday, November 20, 2009, at petitive. Labor and management are of jobs created, tax revenues raised, to certify “green” buildings. 10:00 AM, at General Electric, Appli- working together to keep good jobs and subsidiary businesses support- Representative Moore asked ance Park, Louisville, Kentucky. Sena- in Kentucky. ed by aluminum producers. Follow- what effects the “Cap and Trade” tor Brandon Smith, Chair, called the Rep. Gooch asked if it would help ing introductions by Bob Babbage bill would have on Kentucky’s com- meeting to order, and the secretary GE to be more competitive at Appli- of Babbage Cofounder, Mr. Kevin petitiveness if it lost its advantage called the roll. ance Park if the low carbon portfo- Sheilley, President and Chief Execu- of being a low-cost energy state. Mr. Present were: lio standard included clean coal. Mr. tive Officer of Northwest Kentucky Baker said this is why incentives are Members: Senator Brandon Campbell stated that it would. GE Forward explained that aluminum needed--to overcome negative situ- Smith, Co-Chair; Representative looks at profitability and stability. and aluminum-related industries in ations and problems found with the Keith Hall, Co-Chair; Senators David Sen. Boswell asked if General Kentucky employ over 15,000 work- state’s tax structure. He said that in- E. Boswell, Dorsey Ridley, Katie Kratz Electric would look at the facility in ers with an average wage of $52,000 centives are in place simply to level Stine, Gary Tapp, and Johnny Ray Owensboro to see if it might be uti- annually resulting in over $100 mil- the playing field. Turner; Representatives Rocky Ad- lized for some of the green technol- lion in state and local tax revenues Finally, the committee heard a kins, Eddie Ballard, Dwight D. Butler, ogy. If not, the 109 employees still each year. In 2005, primary alumi- presentation about the history and Leslie Combs, Tim Couch, Jim Gooch there will most likely lose their jobs num shipments totaled nearly $4.5 economic impact of the Northern Jr., Harry Moberly Jr., Tom Riner, Fitz in the near future. billion, which ranks Kentucky as the Kentucky Convention Center. Repre- Steele, and Brent Yonts. Rep. Adkins asked what would nation’s top aluminum producer. sentative Sal Santoro said the center Guests: Representative Lar- happen to GE and Appliance Park if Aluminum is used in a highly diverse is the only publicly funded center that ry Clark; Representative John Will the utility rates in Kentucky were to range of products, but its importance operates in the black, but demand for Stacy; Jim Campbell, President and rise. Mr. Campbell stated that even in the automotive industry cannot space has outgrown what the center CEO, General Electric; Kevin Nolan, a slight increase in the utility rates be overstated. With the search for can provide. He said the Northern Vice President, Technology, General could make a difference as to where increased fuel efficiency by building Kentucky Consensus Group made the Electric; Jerry Carney, President, Lo- the products could be built competi- lighter vehicles, aluminum is a key expansion of the convention center cal 761, IUE-CWA; Dr. Mahendra tively. production material in nearly all au- the number one funding priority in Sunkara, Professor of Chemical Engi- Rep. Hall asked if GE anticipat- tomobile components. the region for the upcoming general neering, University of Louisville, and ed bringing more jobs or projects to Mr. Eric Salisbury, General Man- assembly. Gretchen Landrum said the Rodney Andrews, Executive Director, Kentucky. Mr. Campbell stated that

THE KENTUCKY GENERAL ASSEMBLY  GE is evaluating another big poten- cock County sequestration project Assembly. The 1982 legislation was of the commission since its creation tial move to Kentucky. He said that would need to purchase CO2. Mr. sufficient to keep the unemployment in 1987 with particular emphasis on incentives could play a big part in Andrews stated that food grade insurance program solvent for 27 the history of the Workers’ Com- that decision. CO2 is the only CO2 which is com- years. pensation Special Fund. He said the Chairman Smith introduced Dr. mercially available. The project in Secretary Mountjoy referred to liability of the Special Fund in 1987 Mahendra K. Sunkara, Conn Cen- Hancock County bought 323 tons at charts provided to the members that was estimated to be $1.6 billion. In ter for Renewable Energy Research $165 a ton. included statistics on Kentucky’s 1996, the liability had increased to and Environmental Stewardship Meeting adjourned at approxi- unemployment rate, trust fund bal- about $2.5 billion. Consequently, (CRERES), University of Louisville. mately 12:00 p.m. ances, benefit payouts, average the General Assembly enacted leg- Dr. Sunkara updated the Committee weekly benefit amounts, and similar islation to close off future liabilities on the Center’s work on several cut- INTERIM JOINT COMMITTEE statistics from surrounding states. of the Special Fund and revised the ting edge technologies including ma- ON LABOR AND INDUSTRY The information illustrated the fact funding mechanism with the ob- terials manufacturing, solar, biofuels Minutes of the 5th Meeting that Kentucky’s unemployment in- jective of paying off the liability by and energy storage. It is hoped that of the 2009 Interim surance trust fund was on its way 2018. In addition, the Coal Workers’ advances in these areas will lead to November 19, 2009 to depletion before the current re- Pneumoconiosis Fund (CWP) was jobs in the building sector and the The 5th meeting of the Interim cession began at the end of 2008. created with its own payment and transportation fuels sector among Joint Committee on Labor and Indus- She attributed most of the financial assessment mechanism to pay black others. try was held on Thursday, November instability to the structural imbal- lung liabilities arising after Decem- Chairman Smith asked if stor- 19, 2009, at 10:00 AM, in Room 131 ance discussed in previous meet- ber, 1996. age was the main problem with solar of the Capitol Annex. Representa- ings. The structural imbalance is the Mr. Wilhite said actuaries have power. Dr. Sunkara stated that was tive Rick G. Nelson, Chair, called the result of a fixed taxable wage base determined the current liability of correct. If a home installs solar pan- meeting to order, and the committee of $8,000 and weekly benefits that the Special Fund is down to $1.6 bil- els, the owner must have a battery assistant called the roll. increase annually with inflation. She lion which indicates progress since system as well, unless the home can Present were: said the key to the problem is creat- 1996. He reviewed statistics included also buy power from the grid. Members: Representative Rick G. ing more jobs. During periods of low in members’ folders on the history of Sen. Stine asked if the patents Nelson, Co-Chair; Senators Julian M. unemployment, the trust fund builds assessment collections and payouts pending were jointly held by the Carroll, Ray S. Jones II, Katie Kratz up reserves. In 2001, the unemploy- from the Special Fund. He noted the University of Louisville and the re- Stine, Gary Tapp, and Jack West- ment rate began increasing in Ken- additional assessment on the coal in- searchers, and asked who receives wood; Representatives Will Coursey, tucky, leveled off in 2004 through dustry that was in place from 1987 the revenue from the patents that are C. B. Embry Jr., Tim Firkins, Richard 2007, and increased significantly in to 1996 that reflected the majority licensed. Dr. Sunkara stated that all Henderson, Dennis Horlander, Joni 2008 and 2009. Since at least 2002, liability that was attributable to the patents are assigned to the Univer- L. Jenkins, Adam Koenig, Mary Lou the trust fund has been paying out coal industry. In 1996, the additional sity of Louisville. The Center is in the Marzian, Charles Miller, Tom Riner, more in benefits than it has collected coal assessment was replaced with process of filing several patents and Charles Siler, Jim Stewart III, and from employers in payroll taxes or an annual allocation of $19 million in another five to ten years, the Cen- Brent Yonts. contributions. She reported that this from the coal severance tax which ter should see revenue returns. He Guests: Helen W. Mountjoy, year, the state has borrowed $500 was subsequently suspended by the said at that point, the Center should Secretary, Education and Workforce million from the federal government General Assembly. become self-sufficient. Development Cabinet; J.R. Wilhite, to pay unemployment benefits and Mr. Wilhite reported that for Chairman Smith introduced Executive Director, Kentucky Work- that the unemployment rate for Oc- 18 out of past 22 years, money was Rodney Andrews, Director, Center ers’ Compensation Funding Commis- tober was expected to be higher than made on the investments of the Spe- for Applied Energy Research, Uni- sion; Steve Lattanzio, President, Ac- the 10.9% rate for September. Ken- cial Fund assessments, but not during versity of Kentucky. He briefed the tuarial and Technical Solutions, Inc; tucky’s unemployment rate is higher the past 4 years. The drop in invest- committee on how Kentucky is plan- Christine Fitzgerald, Actuary, Actu- than it is in surrounding states. ment income, the suspended sever- ning for carbon constraint mandated ary and Technical Solutions, Inc. Secretary Mountjoy informed the ance tax allocations, and the decline at the federal level. LRC Staff: Linda Bussell, Carla committee that the task force had not in workers’ compensation premi- Montgomery, Adanna Hydes, and completed its work and would prob- ums presents a challenge for paying Chairman Smith asked why the Betsy Bailey ably meet during the first week of off the liability by 2010. Because of cost of producing natural gas was Representative Nelson in- December to finalize its recommen- these factors, actuaries were asked not included along with coal, wind, troduced Secretary Mountjoy and dations. Responding to questions to calculate an assessment rate that hydroelectric, solar, and biomass. Mr. thanked her for her service to the and comments from Representative would be sufficient to pay off the li- Andrews stated that ASA Fossil Fuel committee during her tenure as Sec- Siler and Representative Yonts, she abilities by 2018 as required by stat- could be substituted on the chart for retary of the Education and Work- said she believed the task force will ute. In addition, the actuaries were coal, but at a higher cost. force Development Cabinet and as produce recommendations, but the asked to determine the date at which Mr. Andrews said that even us- chair of the Unemployment Insur- recommendations might not include the liabilities could be fully funded if ing all the renewable energy available ance Task Force. everything that has been discussed the current assessment rate of 6.5%, to Kentucky, the state would still re- As part of her report on the Un- or suggested by the consultants, and which has been in place for the past quire 78% of its electricity to come employment Insurance Task Force, that discussions are ongoing in Con- 4 years, was maintained. from coal or natural gas in 2025. Secretary Mountjoy included a brief gress about extending the waiver of The actuaries determined that Kentucky has to develop methods historical overview of the problems interest on the federal loans. to achieve full funding by 2018, to burn coal cleanly and to reduce with the unemployment insurance The final item on the agenda was the current assessment rate would carbon emissions. Mr. Andrews ex- trust fund. She said the current fi- a report from the Kentucky Workers’ have to be increased to about 10% plained that CAER has a post-com- nancial problems of the program are Compensation Funding Commission. or 10.09% on employers’ workers’ bustion CO2 capture pilot plant, similar to those experienced in 1982. J.R. Wilhite, the Executive Director compensation premiums. The alter- along with a Carbon Management Kentucky’s highest unemployment for the Kentucky Workers’ Compen- native calculation based on keeping Research Group to address reducing rate occurred in 1982 and federal sation Funding Commission, intro- the assessment rate at 6.5% and go- the energy required to capture car- loans were necessary to continue duced Steve Lattanzio and Christine ing forward would provide sufficient bon payment of unemployment benefits. Fitzgerald from Actuarial and Techni- funding by 2029. Mr. Wilhite said the Sen. Boswell asked if Mr. An- Like now, a task force representing cal Solutions, Inc. Mr. Wilhite said Funding Commission recommended drews agreed with Dr. Sunkara that a partnership between management the Workers’ Compensation Funding continuing the Special Fund assess- carbon capture, such as gasification and labor was created to restore sol- Commission is required to update the ment at 6.5% for 2010 and requests is unproven. Mr. Andrews stated vency to the unemployment insur- committee annually on the assess- a statutory change that would extend that gasification technologies have ance trust fund. The task force crafted ments on employers that fund work- the payoff date from 2018 to 2029. been proven. a set of recommendations that were ers’ compensation programs. He pro- The Funding Commission’s rec- Sen. Smith asked why the Han- subsequently enacted by the General vided a brief overview of the duties ommendation for the CWP Fund as-

10 2010 Interim LEGISLATIVE RECORD sessment for 2010 was 0.5% on coal Tolle, Kentucky Circuit Court Clerks’ the public on November 19. He said it is recommended to streamline the industry workers’ compensation pre- Association; Chris Cohron, Kentucky that the report includes 63 recom- process for coordinating with TVA miums and 0.435 cents on each ton Commonwealth Attorneys’ Associa- mendations to utilities, local and and other nonregulated utilities dur- of severed coal. tion; Tommy Turner and Vince Lang, state government entities, the gen- ing times of emergency. Steve Lattanzio and Christine Kentucky County Judge/Executive eral public, and the PSC. A link to In closing, Mr. Derouen said that Fitzgerald, actuaries with Actuarial Association; Phil Sammons Richard the full report will be available on the next week letters will be sent to the and Technical Solutions, Inc. pre- Tanner, Kentucky Magistrates and PSC web site, and members of the regulated utilities asking them to sented overviews of their analyses of Commissioners’ Association; Jason General Assembly will also receive respond to the report recommenda- the liabilities of the Special Fund and Scriber and Mack Bushart, Kentucky the link via e-mail. tions within three months. Analy- the CWP Fund on which the Funding PVA Association; Jerry Wagner and Mr. Melnykovych discussed the sis of the responses will determine Commission based its recommenda- John Aubrey, Kentucky Sheriffs’ As- estimated cost of damage from the subsequent action by the PSC. There tions for 2010. Mr. Lattanzio reiterat- sociation; Bobby Waits and Marshall wind storm, noting that all estimates were no questions for Mr. Derouen or ed the fact that the actuarial analysis Long, Kentucky Jailers’ Association; are conservative. In summary, he said Mr. Melnykovych, and Representative determined the liability of the Spe- Bert May and Tony Goetz, Kentucky that the total cost of the wind storm Cherry thanked them for the report. cial Fund, as of June 20, 2009, to be League of Cities; Ron Wolf, Louisville is estimated at $595 million. This Next on the agenda was consid- approximately $1.6 billion and that Metro Government; Sam Crawford, does not include unreported dam- eration of a resolution proposed by recent revenue impacts will prevent Jefferson County Farm Bureau; and age, FEMA (Federal Emergency Man- Representative Ford to support the the Special Fund liabilities from being Scott Kimmich, Kenton County Dep- agement Agency) reimbursement to continuation of existing operations fully funded by 2018, as required by uty Judge/Executive. nonprofit agencies, and other loss- of the post offices in the workers’ compensation statute. LRC Staff: Mark Mitchell, Joe es—e.g., lost wages or lost business the cities of Clifty and Renfro Valley, The actuarial analysis of the Pinczewski-Lee, John Ryan, Kris revenue. Damage to jurisdictional Kentucky. Representative Ford briefly Coal Workers’ Pneumoconiosis Fund, Shera, Judy Fritz, Karen Powell, Kev- utilities was $44.7 million, which explained the resolution and moved projected that by December 31, in Devlin, Matt Niehaus, and Cheryl does not include TVA system distri- for its adoption by the State Govern- 2010, with no liabilities discounted, Walters. bution co-ops or municipal utilities. ment Committee. The motion was the CWP fund could reflect a $3.9 Upon the motion of Represen- Some of the $44.7 is reimbursable seconded by Representative Wayne million deficit. Based on that find- tative Keene, seconded by Repre- through state and federal disaster and passed by unanimous voice vote. ing, the Funding Commission rec- sentative McKee, the minutes of the assistance; however, investor-owned The resolution directs that copies of ommended assessment rates for the October 28, 2009 Local Government utilities like LG & E (Louisville Gas & it be transmitted to each member CWP Fund for 2010 to be 0.50% on Committee meeting were approved. electric) are not eligible for disaster of Kentucky’s congressional delega- a coal employer’s workers’ compen- Upon the motion of Representa- assistance. Direct cost to local gov- tion; Mr. Christopher Carroll, Post sation premiums and 0.435 cents on tive Ford, seconded by Senator Thay- ernments was $17 million, accord- office Operations Manager, Bowling each ton of severed coal. er, the minutes of the September 23 ing to preliminary FEMA estimates. Green, KY; Mr. Chris Christenbury, The meeting adjourned. and October 7, 2009 meetings of the The insurance industry’s information Vice-President of Area Operations, State Government Committee were clearinghouse estimates that there Eastern Area, Louisville, KY; and the INTERIM JOINT COMMITTEE approved. was $533 million in insured losses. Honorable John E. Potter, Postmaster ON LOCAL GOVERNMENT Representative Cherry asked Mr. Derouen said that the ice General of the United States. Minutes of the 6th Meeting Senator Thayer, Co-chair of the Task storm in January left 770,000 Ken- Representative Riggs announced of the 2009 Interim Force on Elections, Constitutional tucky customers without pow- that the committees were meeting in November 18, 2009 Amendments, and Intergovernmen- er—a number even greater than the conjunction with the Kentucky As- The sixth meeting of the Interim tal Affairs, to report on the October 600,000 customers affected by the sociation of Counties’ (KACo) annual Joint Committee on Local Govern- 27 and November 17, 2009, meet- wind storm a few months earlier. convention, who would be presenting ment was held on Wednesday, No- ings of the Task Force. The subcom- He did not go into detail about the their legislative platform for the up- vember 18, 2009, at 10:00 AM, in mittee report was approved without ice storm damage estimates, but the coming 2010 session of the General Grand Ballroom C of the Galt House objection. slide presentation indicated that to- Assembly. He then introduced Mr. Hotel in Louisville, Kentucky. The Representative Cherry raised an tal damage is estimated at $616 mil- Michael Foster, KACo president. Mr. meeting was a joint meeting with issue that was discussed at the No- lion; $240 million to jurisdictional Foster welcomed the committees to the Interim Joint Committee on State vember 17, 2009 meeting of the Task utilities; $41 million to local govern- the convention. He then introduced Government. Representative Steve Force—i.e., whether language re- ments; and $335 million in insured Mr. Rick Smith, KACo president- Riggs, Co-chair, Interim Joint Com- garding duels should be deleted from losses. The slides also included maps elect and Clark County Magistrate. mittee on Local Government, called Section 228 of the Kentucky Con- and photos defining the impact of Mr. Smith thanked the committees the meeting to order, and the secre- stitution, as proposed in legislation the two storms in specific areas of for coming to KACo’s convention. tary called the roll. Representative (BR 172) prefiled for the 2010 legis- the state. He told the committees that interlo- Mike Cherry, Co-chair of the Interim lative session. After asking commit- Mr. Derouen commented on sev- cal cooperation is imperative to get Joint Committee on State Govern- tee members to express an informal eral points of interest in the report. results. ment, also chaired. opinion on this issue, he announced The cost to put Kentucky’s en- Mr. Foster next introduced Ms. Present were: that the show of hands indicated by tire current electric infrastructure Shelley Hampton, with KACo’s legis- Members: Senator Damon Thay- a ratio of approximately 2:1 that lo- underground would be at least $217 lative services, to introduce the rest er, Co-Chair; Representative Steve cal government leaders and State billion. This would not be feasible, of the speakers. Ms. Hampton intro- Riggs, Co-Chair; Senators Walter Government Committee members but it may be beneficial in areas of duced Mr. Kirk Tolle, president of the Blevins Jr., Carroll Gibson, Ernie Har- present prefer not to amend Section new construction or areas with ex- Kentucky Circuit Court Clerks’ Asso- ris, Mike Reynolds, John Schickel, 228. tensive losses. ciation. Mr. Tolle first explained the and Johnny Ray Turner; Representa- Next on the agenda was a pre- For emergency purposes back-up duties of circuit court clerks. He then tives Scott W. Brinkman, Derrick Gra- view of “Ike and Ice: The Kentucky generators are better than batteries told the committees that his associ- ham, Charlie Hoffman, Brent Hous- Public Service Commission Report on for maintaining wireless service dur- ation’s legislative agenda included: man, Dennis Keene, Adam Koenig, the September 2008 Wind Storm and ing times of disaster. (1) seeking to make filing fees for ex- Tom McKee, David Osborne, Arnold the January 2009 Ice Storm.” Present- Property service connections are pungement of records nonrefundable Simpson, Ancel Smith, Ken Up- ing the report from the PSC were Jeff a weak link in electric systems that when the expungement is not grant- church, and Jim Wayne. Derouen, Executive Director; Andrew could be helped by hardening. ed; (2) seeking to amend 2009 HB Guests: Jeff Derouen, Stepha- Melnykovych, Communications Di- Outage reporting is a source of 369 to make suspension of drivers’ nie Bell, and Andrew Melnykovych, rector; and Stephanie Bell, Legislative confusion and can hamper disas- licenses when the defendant owes Public Service Commission; Michael Liaison. They provided paper copies ter response. PSC recommends that restitution in theft cases, optional by Foster, Rick Smith, Denny Nunnelley, of their PowerPoint presentation. customers report an outage only one the judge rather than mandatory; and Shellie Hampton, Tim Sturgill, Ken- Mr. Derouen discussed the time- time. Also, since only regulated utili- (3) seeking reasonable compensation tucky Association of Counties; Kirk line for the report, to be released to ties are required to report to the PSC, when collecting fees for parties out-

THE KENTUCKY GENERAL ASSEMBLY 11 side the Judicial Branch. prisoners with no funding. ting those figures, but that it is usu- how climate change can harm Ken- Ms. Hampton next introduced Representative Riggs asked Mr. ally a small amount. He explained tucky. Mr. Chris Cohron, Legislative Director Wagner to expand on the issue of that if it is a large amount, it will be Sen. Smith thanked Rep. Gooch of the Kentucky Commonwealth’s transportation of prisoners with no turned over to the state. Mr. Waits and recognized Rep. Collins. He Attorneys’ Association. Mr. Cohron funding. Mr. Wagner explained that noted that it involves a lot of book- stated that the decision on climate told the committee that staff fur- sheriffs sometimes have to transport keeping. change is still unsettled. There is too loughs was very costly, resulting in prisoners to other counties for court There being no further business, much information and we cannot de- serious budget issues. He then dis- appearances. He noted that the KSA the meeting was adjourned at 12:15 termine who is correct. Then Sen. cussed jail and inmate sentencing and is working with the Executive Branch p.m. Smith recognized Ms. Linda Faulkner release issues. Mr. Cohron explained on ways to not have to transport and Mr. Anthony Adams. He then that there are three categories of in- them to other counties. INTERIM JOINT COMMITTEE asked Mr. Whitney and Mr. McKnight, carceration: (1) violent offenders; Regarding charging restitution ON NATURAL RESOURCES Geothermal Energy Partners, to come (2) sex offenders; and (3) persistent to inmates, Representative Napier to the table to provide testimony on felony offenders. He noted that 90% AND ENVIRONMENT asked if there is a profit to be made Minutes of the 6th Meeting geothermal heating and cooling. Mr. of court cases are drug related. from jailing a person when that of the 2009 Interim Whitney stated that their company Ms. Hampton next introduced person fails to pay restitution. Mr. December 11, 2009 can help reach the goal of the 7-point Judge Tommy Turner, Legislative Chair Cohron stated that there is no profit The 6th meeting of the Interim strategy for energy independence. of the Kentucky County Judge/Ex- and that most jurisdictions try not Joint Committee on Natural Resourc- Geothermal Energy Partners has ecutives Association (KCJEA). Judge to jail a person purely on financial es and Environment was held on Fri- a role to play in offering heat pumps. Turner told the committees that jails grants In response to another ques- day, December 11, 2009, at 1:00 PM, He described how heat pumps work are the primary issue of KCJEA. He tion from Representative Napier, Mr. in Room 154 of the Capitol Annex. and how heat pumps and geothermal said KCJEA’s legislative agenda will Cohron answered that in most cases Senator Brandon Smith, Chair, called energy in general can reduce green- include: (1) seeking Medicaid reim- involving drunk drivers having their the meeting to order, and the secre- house gases and household bills by bursement rates for county inmates; licenses suspended, the defendants tary called the roll. 40 percent to 70 percent. Geother- (2) will favor expanded gaming if jail will often times drive anyway. Incar- Present were: mal costs half of the price of con- funds are include; (3) re-filing the ceration, he noted, is the most effec- Members: Senator Brandon ventional systems in terms of main- comprehensive jail funding bill; and tive way to keep them from drinking. Smith, Co-Chair; Representative tenance and upkeep. Mr. McKnight (4) seeking bail bond daily jail credit Representative Napier asked Jim Gooch Jr., Co-Chair; Senators also compared the price of the system for reducing cash bond amount. why circuit court clerks have to take David E. Boswell, Tom Jensen, Ray to other renewables like solar power. Ms. Hampton next introduced tests to hold the office. Mr. Tolle said S. Jones II, Bob Leeper, Dorsey Rid- These systems work anywhere and Mr. Richard Tanner, Executive Di- it is to ensure that the candidate has ley, John Schickel, Katie Kratz Stine, the technology is solid. The prob- rector of the Kentucky Magistrates a basic knowledge of the office. Gary Tapp, and Johnny Ray Turner; lems with geothermal systems are and Commissioners’ Association Representative Ford asked if the Representatives Hubert Collins, Tim the upfront cost for the loop field. (KMCA). Mr. Tanner told the com- circuit clerks’ office would like driver Couch, Stan Lee, Tim Moore, Don He stated that a multiyear lease of mittees that KMCA’s legislative licenses to be issued by some other Pasley, Marie Rader, Kevin Sinnette, the field could aid in financing the agenda will include: (1) seeking office. Mr. Tolle answered that the Ancel Smith, Fitz Steele, and Jim cost, but once the system is operat- more money for jails; (2) increasing clerks would not oppose that idea. Stewart III. ing, the bill reductions will pay back and modernizing the E911 funding to Ms. Hampton lastly introduced Legislative Guest: Speaker Greg the upfront costs. reflect fewer land lines in existence; Mr. Bobby Waits, President of the Stumbo Sen. Boswell asked if the tech- (3) leaving county road aid formula Kentucky Jailers’ Association (KJA). Guests: John Whitney and Kelly nology has changed so that the as is; (4) holding counties harmless Mr. Waits pointed out that according McKnight, Geothermal Affordability heat pump works the same way ev- if trade-allowance on usage tax on to the Pew Report, Kentucky’s jail Partners; Dr. Jim Cobb, Dr. Brandon erywhere. Mr. Whitney stated yes. new vehicles remains permanent; (5) population increase is the highest in Nuttall, Tom Sparks, Dave Harris, and Eight of ten schools use geothermal supporting mandated spay/neuter, as the nation. He noted that there are a Sarah Briland, Kentucky Geological power. The temperature differential long as local ordinances are grandfa- lot of prisoners that committed mis- Survey; Jeff Derouen, Andrew Mel- is a matter of how it is designed and thered in; (6) amending KRS 259.120 demeanors that could be released. nykovich, and Stephanie Bell, Public the heat exchanger works. involving taker-uppers of stray hors- Mr. Waits told the committees that Service Commission; Secretary Len Rep. Moore stated the federal es; and (7) PRIDE funding must be the jailers’ legislative agenda in- Peters, Karen Wilson, and Brooke government will provide rebates for properly spent. cluded: (1) attaching the Consumer Parker, Energy and Environment Cab- product and purchase of things like Ms. Hampton next introduced Price Index (CPI) to the per diem, bed inet; Tom Fitzgerald, Kentucky Re- furnaces. Geothermal qualifies and Mr. Jason Scriber, President, and allotment, and medical per diem re- sources Council; and Steve Polson. we should advertise that the money Mr. Mack Bushart, Executive Direc- ceived by the county jails; (2) allow LRC Staff: Tanya Monsanto, Ste- is available for energy efficient home tor, Kentucky PVA Association. Mr. county jails to collect a processing fan Kasacavage, and Kelly Blevins. improvements. Mr. Whitney replied Bushart told the committees that the fee (co-pay) from inmates seeking Sen. Smith recognized Rep. that there are tax credits and acceler- PVA’s will seek legislation to place all medical attention; (3) allow for an Gooch for some remarks on climate ated depreciation, and also that the PVAs under county ethics codes. Mr. exception in the statute for county change. Rep. Gooch stated that the technology creates jobs. Scriber noted that Representative governments to return to the gen- United States Environmental Pro- Sen. Leeper asked if there is a Cherry has agreed to sponsor the eral fund any uncollected monies left tection Agency (USEPA) passed a cost in retrofitting. Mr. Whitney legislation. by an inmate in his/her canteen ac- rule declaring carbon as a pollutant. responded that they work well in a Ms. Hampton next introduced count; and (4) amend current statute There is an international meeting on retrofit situation. Rep. Couch stated Mr. Jerry Wagner, Executive Direc- to allow a prisoner who fails to return climate change which will negatively he installed geothermal and it cost tor of the Kentucky Sheriffs’ Asso- from work release to be charged with impact Kentucky. Electricity rates, about $12,000 dollars, but there ciation (KSA). Mr. Wagner told the a failure to return in lieu of an escape employment, economic development were significant savings on power committees that the KSA’s legisla- and apply the same penalties. and household income will be im- consumption and hot water heating. tive agenda will include: (1) amend- Regarding the issue of prison- pacted. Sometimes those decisions He also thanked Rep. Gooch for tak- ing KRS 189A.010 to include blood ers’ failure to return, Representative are not predicated on the best infor- ing a firm stance on climate change test costs in court fees rather than McKee stated that he has worked on mation. Then Rep. Gooch discussed even though it has been criticized by making sheriff’s office or fiscal courts that issue before and suggested that a meeting on climate change that oc- the press. Finally, Sen. Smith stated pay for those costs; (2) addressing the jailers urge the Senate to pass it. curred two years prior and resulted that mine sites are a nice fit for geo- the $8 court reimbursement of court Regarding the issue of inmates’ in negatively publicity. Rep. Gooch thermal. bailiffs; (3) addressing the effects unreturned canteen funds, Repre- stated that it was good to examine Representatives from Kentucky on the county and sheriff revenue sentative Graham asked how much both sides of the climate change is- Geological Survey (KGS) and Secre- stream from Civil process service by money they were talking about. Mr. sue and the results of the new USEPA tary Lenn Peters with the Energy & constables; and (4) transportation of Waits said they are working on get- rule will vindicate the exploration of Environment Cabinet (EEC) provided

12 2010 Interim LEGISLATIVE RECORD testimony on the report of the 2009 owned by the Department of Trans- uty Judge/Executive. does not include unreported dam- Senate Joint Resolution 67. This portation are suitable or beneficial. LRC Staff: Judy Fritz, Kevin Dev- age, FEMA (Federal Emergency Man- resolution resulted in a contracted Mr. Nuttall replied that there is a list lin, and Karen Powell – State Gov- agement Agency) reimbursement to between KGS and EEC to perform a but the study did not access those ernment Committee; Mark Mitchell, nonprofit agencies, and other loss- study of the efficacy of oil and gas lands. Sen. Boswell continued that Joe Pinczewski-Lee, John Ryan, Kris es—e.g., lost wages or lost business operations on state and university- these parcels have market value, Shera, and Cheryl Walters – Local revenue. Damage to jurisdictional owned lands. Dr. Jim Cobb stated minimal real estate value and should Government Committee; and Matt utilities was $44.7 million, which that for nine months KGS examined be put to a final disposition. Then Niehaus. does not include TVA system distri- hundreds of properties. Also intro- Sen. Smith thanked those testifying Upon motion by Representative bution coops or municipal utilities. duced were Mr. Sparks and Sara Bree- and for the cabinet’s coal permitting Keene and second by Representative Some of the $44.7 is reimbursable land. Then Mr. Cobb described the assistance. McKee, the minutes of the October through state and federal disaster methodology used to determine the 28, 2009, Local Government Com- assistance; however, investor-owned potential of oil and gas on state and INTERIM JOINT COMMITTEE mittee meeting were approved with- utilities like LG & E (Louisville Gas & university owned lands. ON STATE GOVERNMENT out objection. electric) are not eligible for disaster Sen. Smith asked about the soft- Minutes of the 5th Meeting Upon motion by Representative assistance. Direct cost to local gov- ware used to produce the results. of the 2009 Interim Ford and second by Senator Thayer, ernments was $17 million, accord- Mr. Nuttall stated the technology is November 18, 2009 the minutes of the September 23 and ing to preliminary FEMA estimates. widely used. Mr. Nuttall continued The fifth meeting of the Interim October 7, 2009, meetings of the The insurance industry’s information stating that KGS examined surface Joint Committee on State Govern- State Government Committee were clearinghouse estimates that there access restrictions and the classi- ment was held on Wednesday, No- approved without objection. was $533 million in insured losses. fied lands according to size, popula- vember 18, 2009, at 10:00 AM, in Representative Cherry chaired Mr. Derouen said that the ice tion density, residential or urban and Grand Ballroom C of the Galt House the first part of the meeting. At the storm in January left 770,000 Ken- if there were special tracks where Hotel in Louisville, Kentucky. The Chair’s request, Senator Thayer, Co- tucky customers without pow- resources had previously been ex- meeting was a joint meeting with chair of the Task Force on Elections, er—a number even greater than the tracted. The most likely scenario is the Interim Joint Committee on Local Constitutional Amendments, and 600,000 customers affected by the 12.5 percent royalty and a 4.5 sev- Government. Representative Steve Intergovernmental Affairs, gave the wind storm a few months earlier. erance tax over 5 years. That would Riggs, Co-chair, Interim Joint Com- subcommittee report for the October He did not go into detail about the yield between $30 and $77 million mittee on Local Government, called 27 and November 17 meetings of the ice storm damage estimates, but the per year. Another impediment to the meeting to order, and the secre- Task Force. The subcommittee report slide presentation indicated that to- the study is the need for better data. tary called the roll. Representative was approved without objection. tal damage is estimated at $616 mil- The Division of Real Properties and Mike Cherry, Co-chair of the Interim Representative Cherry raised lion; $240 million to jurisdictional the universities need to put data in Joint Committee on State Govern- an issue that was discussed at the utilities; $41 million to local govern- a digital format. KGS could also do a ment, also chaired. November 17 meeting of the Task ments; and $335 million in insured better job on modeling and access to Present were: Force—i.e., whether language re- losses. The slides also included maps additional reservoir data. Members: Senator Damon Thay- garding duels should be deleted from and photos defining the impact of Sen. Smith asked if there were er, Co-Chair; Representative Mike Section 228 of the Kentucky Con- the two storms in specific areas of questions and Mr. Nuttall posed one Cherry, Co-Chair; Senators Walter stitution, as proposed in legislation the state. to himself. He asked if it was reason- Blevins, Jr., Carroll Gibson, Ernie Har- (BR 172) prefiled for the 2010 legis- Mr. Derouen commented on sev- able to think a policy of allowing oil ris, Mike Reynolds, John Schickel, lative session. After asking commit- eral points of interest in the report. and gas explorations on state lands and Johnny Ray Turner; Representa- tee members to express an informal The cost to put all of Kentucky’s is a sound policy. In a rhetorical re- tives Eddie Ballard, , opinion on this issue, he announced current electric infrastructure under- ply, Mr. Nuttall stated that if the pol- , John “Bam” Carney, that the show of hands indicated by a ground—where this would be scien- icy was designed to plug the budget James Comer, Jr., Will Coursey, Dan- ratio of approximately 2:1 that State tifically possible—would be at least then no, but if the policy is to add ny Ford, Derrick Graham, Mike Har- Government Committee members $217 billion. This would not be fea- additional money for agencies and to mon, Charlie Hoffman, Brad Mon- present prefer not to amend Section sible, but it may be beneficial in areas create jobs by developing the oil and tell, Lonnie Napier, Tom Riner, Carl 228. of new construction or areas with gas industry, then the answer is yes. Rollins II, Steven Rudy, Sal Santoro, Next on the agenda was a pre- extensive losses. Rep. Lee asked about exclu- Kent Stevens, Jim Wayne, and Alecia view of “Ike and Ice: The Kentucky For emergency purposes back-up sion of urban/residential areas in Webb-Edgington. Public Service Commission Report on generators are better than batteries the study. Mr. Nuttall stated those Guests: Jeff Derouen, Stepha- the September 2008 Wind Storm and for maintaining wireless service dur- areas were excluded and the tracks nie Bell, and Andrew Melnykovych – the January 2009 Ice Storm.” Present- ing times of disaster. are likely to be too small and pose Kentucky Public Service Commission ing the report from the PSC were Jeff Property service connections are a nuisance to the public. Many of (PSC); Michael Foster, Rick Smith, Derouen, Executive Director; Andrew a weak link in electric systems that those properties were community Denny Nunnelley, Shellie Hampton, Melnykovych, Communications Di- could be helped by hardening. college properties. Rep. Lee contin- and Tim Sturgill - Kentucky Associa- rector; and Stephanie Bell, Legislative Outage reporting is a source of ued asking so is nothing collected on tion of Counties; Kirk Tolle, Kentucky Liaison. They provided paper copies confusion and can hamper disas- urban/residential areas. Mr. Nuttall Association of Circuit Court Clerks; of their PowerPoint presentation. ter response. PSC recommends that stated no. There are properties iden- Chris Cohron, Kentucky Common- Mr. Derouen discussed the time- customers report an outage only one tified in the annex to the study. Rep. wealth’s Attorneys Association; line for the report, to be released to time. Also, since only regulated utili- Lee asked if $30 to $77 million repre- Tommy Turner and Vince Lang, Ken- the public on November 19. He said ties are required to report to the PSC, sents royalty payments to the state tucky County Judge/Executive Asso- that the report includes 63 recom- it is recommended to streamline the or overall economic impact. Secre- ciation; Phil Sammons and Richard mendations to utilities, local and process for coordinating with TVA tary Peters responded by stating that Tanner, Kentucky Magistrates and state government entities, the gen- and other nonregulated utilities dur- the cabinet estimated based on a 50 Commissioners Association; Jason eral public, and the PSC. A link to ing times of emergency. percent drill and 30 percent success Scriber and Mack Bushart, Kentucky the full report will be available on the In closing, Mr. Derouen said that rate that the economic impact to the PVA Association; Jerry Wagner and PSC web site, and members of the next week letters will be sent to the state is $200 million per year. Di- John Aubrey, Kentucky Sheriffs’ As- General Assembly will also receive regulated utilities asking them to rect and indirect job creation could sociation; Bobby Waits and Marshall the link via e-mail. respond to the report recommenda- be around 1,500, but this data needs Long, Kentucky Jailers Association; Mr. Melnykovych discussed the tions within three months. Analy- to be examined in greater detail. Rep. Bert May and Tony Goetz, Kentucky estimated cost of damage from the sis of the responses will determine Lee stated that we want that infor- League of Cities; Ron Wolf, Louisville wind storm, noting that all estimates subsequent action by the PSC. There mation and any economic activity is Metro Government; Sam Crawford, are conservative. In summary, he said were no questions for Mr. Derouen or worth consideration. Jefferson County Farm Bureau; and that the total cost of the wind storm Mr. Melnykovych, and Representative Sen. Boswell asked if lands Scott Kimmich, Kenton County Dep- is estimated at $595 million. This Cherry thanked them for the report.

THE KENTUCKY GENERAL ASSEMBLY 13 Next on the agenda was consid- egories of incarceration: (1) violent them to other counties. p.m. eration of a resolution proposed by offenders; (2) sex offenders; and (3) Regarding charging restitution Representative Ford to support the persistent felony offenders. He noted to inmates, Representative Napier INTERIM JOINT COMMITTEE continuation of existing operations that 90 percent of court cases are asked if there is a profit to be made ON VETERANS, MILITARY AF- of the United States post offices in drug related. from jailing a person when that FAIRS, AND PUBLIC PROTEC- the cities of Clifty and Renfro Valley, Ms. Hampton next introduced person fails to pay restitution. Mr. TION Kentucky. Representative Ford briefly Judge Tommy Turner, Legislative Chair Cohron stated that there is no profit Minutes of the 5th Meeting explained the resolution and moved of the Kentucky County Judge/Ex- and that most jurisdictions try not of the 2009 Interim for its adoption by the State Govern- ecutives Association (KCJEA). Judge to jail a person purely on financial November 12, 2009 ment Committee. The motion was Turner told the Committees that jails grants. In response to another ques- The 5th meeting of the Interim seconded and passed by unanimous are the primary issue of KCJEA. He tion from Representative Napier, Mr. Joint Committee on Veterans, Mili- voice vote. The resolution directs said KCJEA’s legislative agenda will Cohron answered that in most cases tary Affairs, and Public Protection that copies of it be transmitted to include: (1) seeking Medicaid reim- involving drunk drivers having their was held on Thursday, November 12, each member of Kentucky’s congres- bursement rates for county inmates; licenses suspended, the defendants 2009, at 1:00 PM, in Room 154 of sional delegation; Mr. Christopher (2) favoring expanded gaming if jail will often drive anyway. Incarcera- the Capitol Annex. Representative Carroll, Post office Operations Man- funds are included; (3) re-filing the tion, he noted, is the most effective Tanya Pullin, Chair, called the meet- ager, Bowling Green, KY; Mr. Chris comprehensive jail funding bill; and way to keep them from drinking. ing to order, and the secretary called Christenbury, Vice-President of Area (4) seeking bail bond daily jail credit Representative Napier asked the roll. Operations, Eastern Area, Louisville, for reducing cash bond amount. why circuit court clerks have to take Present were: KY; and the Honorable John E. Pot- Ms. Hampton next introduced tests to hold the office. Mr. Tolle said Members: Representative Tanya ter, Postmaster General of the United Mr. Richard Tanner, Executive Di- it is to ensure that the candidate has Pullin, Co-Chair; Senators Perry B. States. rector of the Kentucky Magistrates a basic knowledge of the office. Clark, Carroll Gibson, Denise Harp- Representative Riggs assumed and Commissioners’ Association Representative Ford asked er Angel, Joey Pendleton, Kathy W. the chair for the remainder of the (KMCA). Mr. Tanner told the com- whether circuit clerks would like Stein, and Jack Westwood; Repre- meeting. He announced that the mittees that KMCA’s legislative driver licenses to be issued by some sentatives Linda Belcher, Tom Burch, Committees were meeting in con- agenda will include: (1) seeking more other office. Mr. Tolle answered that Dwight D. Butler, Mike Cherry, Larry junction with the Kentucky As- money for jails; (2) increasing and the clerks would not oppose that Clark, Leslie Combs, Tim Couch, My- sociation of Counties’ (KACo) an- modernizing the E911 funding to re- idea. ron Dossett, David Floyd, Jeff Greer, nual convention, which would be flect fewer land lines in existence; (3) Ms. Hampton lastly introduced Jimmie Lee, Tim Moore, Rick G. Nel- presenting its legislative platform for leaving the county road aid formula Mr. Bobby Waits, President of the son, Fred Nesler, Sannie Overly, Tom the upcoming 2010 session of the as is; (4) holding counties harmless Kentucky Jailers’ Association (KJA). Riner, Carl Rollins II, Steven Rudy, Sal General Assembly. He introduced Mr. if trade-allowance on usage tax on Mr. Waits pointed out that, accord- Santoro, Dottie Sims, Ancel Smith, Michael Foster, KACo president. Mr. new vehicles remains permanent; (5) ing to the Pew Report, Kentucky’s and Alecia Webb-Edgington. Foster welcomed the Committees to supporting mandated spay/neuter, as jail population increase is the high- Guests: Col. John P. Cook, Hos- the convention. He then introduced long as local ordinances are grandfa- est in the nation. He noted that there pital Commander, Fort Campbell; Mr. Rick Smith, KACo president- thered in; (6) amending KRS 259.120 are a lot of prisoners that commit- Adjutant General Edward Tonini, elect and Clark County Magistrate. involving taker-uppers of stray hors- ted misdemeanors that could be Captain Brian Combs, State Family Mr. Smith thanked the Committees es; and (7) PRIDE funding must be released. Mr. Waits told the com- Programs Director, Stephanie Fields, for coming to KACo’s convention. properly spent. mittees that the jailers’ legislative Health Services Coordinator, Sha- He told the committees that interlo- Ms. Hampton next introduced agenda included: (1) attaching the ron Allen, Director of Psychological cal cooperation is imperative to get Mr. Jason Scriber, President, and Consumer Price Index (CPI) to the Health, Captain Phil Major, Chaplain- results. Mr. Mack Bushart, Executive Direc- per diem, bed allotment, and medi- cy Core, Kentucky National Guard; Mr. Foster next introduced Ms. tor, Kentucky PVA Association. Mr. cal per diem received by the county Carlos Pugh, Past State Commander, Shelley Hampton, with KACo’s legis- Bushart told the committees that the jails; (2) allow county jails to collect Veterans of Foreign Wars; and Mar- lative services, to introduce the rest PVAs will seek legislation to place all a processing fee (co-pay) from in- garet Plattner, Kentucky Department of the speakers. Ms. Hampton in- PVA’s under county ethics codes. Mr. mates seeking medical attention; (3) of Veterans Affairs. troduced Mr. Kirk Tolle, president of Scriber noted that Representative allow for an exception in the statute LRC Staff: Erica Warren, CSA, the Kentucky Association of Circuit Cherry has agreed to sponsor the for county governments to return Mustapha Jammeh, Tiffany Opii, Court Clerks. Mr. Tolle first explained legislation. to the general fund any uncollected Clint Newman, and Rhonda Schierer. the duties of circuit court clerks. He Ms. Hampton next introduced monies left by an inmate in his/her Chair Pullin welcomed members then told the committees that his Mr. Jerry Wagner, Executive Director canteen account; and (4) amend cur- and asked for a motion to approve association’s legislative agenda in- of the Kentucky Sheriffs’ Association rent statute to allow a prisoner who the minutes of the September meet- cluded: (1) seeking to make filing (KSA). Mr. Wagner told the Commit- fails to return from work release to ing. Rep. Cherry moved to approve fees for expungement of records non- tees that KSA’s legislative agenda will be charged with a failure to return in the minutes. Rep. Floyd seconded refundable when the expungement is include: (1) amending KRS 189A.010 lieu of an escape and apply the same the motion. The September meeting not granted; (2) seeking to amend to include blood test costs in court penalties. minutes were approved by a unani- 2009 HB 369 to make suspension fees rather than making sheriff’s of- Regarding the issue of prison- mous voice vote. Chair Pullin asked of drivers’ licenses, when the defen- fices or fiscal courts pay for those ers’ failure to return, Representative for a motion to approve the minutes dant owes restitution in theft cases, costs; (2) addressing the $8 court McKee stated that he has worked on of the October meeting. Rep. Floyd optional by the judge rather than reimbursement of court bailiffs; (3) that issue before and suggested that moved to approve the minutes. Rep. mandatory; and (3) seeking reason- addressing the effects on the county the jailers urge the Senate to pass it. Moore seconded the motion. The able compensation when collecting and sheriff revenue stream from civil Regarding the issue of inmates’ October meeting minutes were ap- fees for parties outside the Judicial process service by constables; and unreturned canteen funds, Repre- proved by a unanimous voice vote. Branch. (4) transportation of prisoners with sentative Graham asked how much Chair Pullin called on Rep. Cher- Ms. Hampton next introduced no funding. money they were talking about. Mr. ry and Rep. Lee to read resolutions Mr. Chris Cohron, Legislative Di- Representative Riggs asked Mr. Waits said they are working on get- for fallen soldiers, Specialist Kevin J. rector of the Kentucky Common- Wagner to expand on the issue of ting those figures but that it is usu- Graham and Staff Sergeant Edward B. wealth’s Attorneys Association. Mr. transportation of prisoners with no ally a small amount. He explained Smith, who lost their lives in the Op- Cohron told the Committees that funding. Mr. Wagner explained that that if it is a large amount, it will be eration Enduring Freedom and Op- staff furloughs are very costly, result- sheriffs sometimes have to transport turned over to the state. Mr. Waits eration Iraqi freedom, respectively. ing in serious budget issues. He then prisoners to other counties for court noted that it involves a lot of book- She asked the committee to stand in discussed jail and inmate sentenc- appearances. He noted that KSA is keeping. a moment of silence in the honor of ing and release issues. Mr. Cohron working with the Executive Branch There being no further business, the fallen soldiers. The resolutions explained that there are three cat- on ways to not have to transport the meeting was adjourned at 12:15 were unanimously adopted by a voice

14 2010 Interim LEGISLATIVE RECORD vote. Chair Pullin asked for a motion Chair Pullin noted that the Veterans, ensure that a soldier gets the highest and post-mobilization. to be made on the committee reso- Military Affairs, and Public Protec- level of care possible. Chair Pullin asked Cpt. Combs lution expressing the Interim Joint tion Committee toured the WTB and Sen. Gibson asked Col. Cook where the two family readiness cen- Committee on Veterans, Military BACH in 2007 and members were if there have been any records of ters are located. Cpt. Combs stated Affairs, and Public Protection’s sup- impressed with the facility. comparisons done of the particu- that the Wendell H. Ford Regional port for recognition of women veter- Sen. Pendleton thanked Col. lar behaviors between current wars Training Center in Western Kentucky ans’ combat experience. Rep. Belcher Cook for all they do and expressed and the Vietnam conflict. Col. Cook and Campbellsville and added that move to adopt the resolution. Rep. his concerns for the soldiers who stated that he was not aware of any there are also family assistance cen- Combs seconded the motion. The return home with mental health is- comparisons but he believes that we ter representatives in southeastern resolution was adopted unanimously sues and asked Col. Cook how much currently have much more care go- Kentucky, northeastern Kentucky, by a voice vote. room is available at Fort Campbell to ing into a soldier’s mental, physical, Louisville, and in Glasgow. Chair Pullin called on Col. John take care of those soldiers. Col. Cook and emotional resiliency than ever Chair Pullin called on Cpt. P. Cook, Hospital Commander at Fort stated that although they have an before. Stephanie Fields, the Health Services Campbell, Kentucky. Col. Cook stat- extensive process to identify these Rep. Dossett asked Col. Cook Coordinator for the Kentucky Na- ed that the mission at the Blanchfield soldiers and get them help as soon as if there are support groups at Fort tional Guard. She stated that their Army Community Hospital, (BACH) possible they do not have inpatient Campbell that are staffed by either mission is to provide quality, inno- in Fort Campbell is to deliver qual- capabilities. He added that they do active duty or retired military person- vative health care to meet the needs ity healthcare and to promote well- use multiple inpatient organizations nel that have seen combat. Col. Cook of each and every soldier. She stat- ness for the military community off post. said that they regularly have people ed that pre 9/11 they had 3 federal while supporting medical readiness Rep. Burch asked Col. Cook if come in and talk to groups like am- employees and post-9/11 they have through trained personnel in a safe their programs encourage soldiers to putees or burn victims and through increased in size to 11 federal em- work environment. Col. Cook stated seek help without retribution in their the health program. ployees. She stated that the health that their Warrior Transition Battal- careers. Col. Cook stated that during Chair Pullin called on General services section is responsible for ions (WTB), have averaged 400 sol- advanced individual training, soldiers Tonini. General Tonini started by the Kentucky guard soldiers’ medical diers within the past several months. are brought into a culture that is en- stating his and the Kentucky Nation- well-being from the time they enlist Col. Cook added that the WTB ex- couraged to ask questions and seek al Guards gratitude to the committee into the guard until the time that pects to expand in numbers between help when needed. He added that in members for what they do for men they transition out. Cpt. Fields stat- 600 and 700 due to the upcoming recent years past, the chain of com- and women in uniform. He presented ed that the four main health service deployments of the soldiers between mand in the army is making huge members with the new acrylic paper programs are the post-deployment the 101st Airborne Division during strides in breaking down the cultural weight containing the Kentucky Joint health reassessment, physiological 2010. The warriors living in the WTB barrier that in the past would have Service Badge that recognizes indi- health, medical retention processing, barracks reside in the best barracks prevented a soldier from coming for- viduals for the outstanding service and the incapacitation pay. on the installation with handicap ward for help. that they provide. Gen. Tonini gave Chair Pullin called on Chap- and accessible rooms available. Col. Rep. Belcher asked Col. Cook the history of the badge details. He lain Phil Majcher. Chaplain Majcher Cook stated that they also have a if they only treat wounded soldiers added that this acrylic paperweight stated that their primary mission wonderful community support base stationed at Ft. Campbell or if others was of no expense to the federal is to nurture the living, care for the that continuously offers superb ben- are treated from different parts of the government or the Commonwealth. wounded, and honor the dead. He efits such as free community events, state and country. Col. Cook stated Chair Pullin thanked Gen. Tonini and added that they provide religious tickets, dinners, and family-oriented that they do treat soldiers that are the National Guard on behalf of the support across denominations and functions for the wounded soldiers. not stationed at Ft. Campbell and entire committee. across faith groups, and provide Col. Cook stated that 13 soldiers also try to assist in getting them re- General Tonini spoke to the personal counseling to soldiers. He have graduated with a Bachelor’s de- located as close to their stationed committee on the care of soldiers added that they are a pre-9/11 orga- gree since the WTB’s inception. Col. area as possible. and airmen. Gen. Tonini introduced nization still going strong. Currently Cook stated that the WTB helps sol- Chair Pullin asked Col. Cook if Captain Brian Combs, State Family Kentucky is over 100 percent staffed diers participate in their roles in the soldiers that have traumatic brain in- Program Director; Captain Stepha- on Chaplains. He discussed the mar- army while dealing with physical, juries are more likely to be patients nie Fields, Health Services Coordina- riage enrichment events, single sol- emotional, social, spiritual, and family in the hospital on post. Col. Cook tor, and Captain Phil Major with the dier event, and 7 habits for highly needs. In addition to the WTB, BACH said yes. Chair Pullin stated that she Chaplaincy Corps. effective families programs. Gen. houses one of the premier treatment felt it would be good if the state first Cpt. Brian Combs briefed the Tonini added that they have also de- programs for Traumatic Brain Injury responders could ask soldiers when committee on the Family Programs veloped relationships with a myriad (TBI) within the army. Soldiers from they first pick them up if they have and the Yellow Ribbon Reintegration of private agencies that also have the the Kentucky National Guard or Re- been in combat. She added that if Program (YRRP). Cpt. Combs stated same purpose in mind to help the in- serve have the benefit of treatment they have been in combat, first re- that the mission of these programs dividual soldiers. in this 12-week program. Over 700 sponders need have a quick and easy is to provide family support services Rep. Lee expressed his concern soldiers have gone through the pro- place to send them for help imme- to all Kentucky National Guard ser- for soldiers who have been called to gram with a 77 percent return to diately. Chair Pullin asked Col. Cook vice members and to all branches of several deployments and have lost duty rate for those who complete the if he felt it would be helpful if that the military service. He stated that their jobs at home for lack of keeping program. Col. Cook stated that the became a process in Kentucky. Col. pre-9/11 staff consisted of 1 federal up with trainings or other reasons. TBI program uses a multi-disciplinary Cook stated that it sounded like a employee while post-9/11 consists Gen. Tonini stated that there have program in their approach including reasonable approach for soldiers. Col. of 8 federal employees and 31 con- been incidents where the soldier re- occupational therapy, physical ther- Cook stated that he would encourage tract employees at an annual cost turns and the company no longer ex- apy, speech and language pathology, some sort of dialogue between first of $2.2 million. Cpt. Combs stated ist; but that the state Employer Sup- mental health services, sleep medi- responders and folks on post. that the Family Assistance Center is port of the Guard and Reserve (ESGR) cine, neurology, and primary care. Rep. Moore asked Col. Cook the first 24/7 outreach in Kentucky organization provides soldiers with Col. Cook stated that BACH has if the soldiers at the WTB are only where family members or soldiers in an ombudsman who will bring a rep- added 50 behavioral health support soldiers that have returned from de- any branch of military service can re- resentative to the soldier or a media- positions to help meet the increased ployment or if there are also those ceive a support network. Cpt. Combs tor to the employee. demand. BACH has 7 resiliency teams who are injured in training exercises discussed the Yellow Ribbon Reinte- Chair Pullin called on Carlos which are made up of specialty ser- in preparation for deployment. Col. gration Program which is tied hand- Pugh, Past State Commander, Vet- vices to include chaplains, chaplain Cook stated that of the 400 in the in-hand with the Family Assistance erans of Foreign Wars, of Kentucky. assistants, clinical psychologist, so- WTB, the majority are from com- Center. The YRRP is literally focused Mr. Pugh stated that he speaks to cial psychologists, social workers, bat but there are soldiers that have on the mobilized soldier and family various VFW posts and American psychologists, primary care provid- gotten hurt in training as well. Rep. and is a federally mandated program Legion posts within the state. He ers, and behavior health technicians. Moore expressed the need to always that is used to address pre-, during, stated that there are 112 VFW posts

THE KENTUCKY GENERAL ASSEMBLY 15 in Kentucky. Mr. Pugh stated that he Fund at a level that represents 5 2010-2016 Statewide Capital Im- Representative Westrom called sees a problem with communication percent of General Fund revenues; provement Plan. on Bob Wiseman, Vice President for between the hospitals and clinics in 2) in each biennium, all funds avail- With there being no further Facilities Management, University getting the word out to the soldiers able from Investment Income should business, the meeting adjourned at of Kentucky (UK) to report a lease of programs available to them. He be appropriated for agency miscel- 1:21pm. modification. Mr. Wiseman reported stated that there is a need to have laneous maintenance pools and, to a modification to PR-8303, a lease better coordination between the re- ensure sufficient funding of these CAPITAL PROJECTS AND between UK and the UK Federal serves, guard, and active duty people. pools, additional amounts of state BOND OVERSIGHT Credit Union for space located on Mr. Pugh stated that he works day bond funds should be appropriated COMMITTEE Export Street in Lexington. Rather and night and at the VFW posts to as needed; 3) the General Assembly Minutes than terminate the lease previously get soldiers connected to the correct should establish a task force com- January 19, 2010 occupied by the College of Pharma- place for help and he still needs help. posed of representatives of the three The Capital Projects and Bond cy, UK has opted to relocate several Chair Pullin thanked Mr. Pugh for all branches of government to review Oversight Committee met on Tues- Provost Office area divisions into the of his hard work and dedication. Kentucky’s debt issuance processes day, January 19, 2010, at 2:30 p.m., space. UK has requested renovations Rep. Nesler commented that he and approaches to debt capacity; and in Room 169 of the Capitol Annex. to the building, including additional is grateful to hear good things about 4) the three branches of government Representative Susan Westrom, space to accommodate offices, re- the Louisville and Lexington VA hos- should continue its efforts to identi- Chair, called the meeting to order, cords storage, painting, and carpet pitals but is concerned that he con- fy, fund, and implement alternatives and the secretary called the roll. replacement. The cost of the lease tinues to hear negative news about to incarceration that will provide for Present were: will increase by $15,721 and will be the VA medical center and hospital the public safety, reduce the prison Members: Senator Bob Leeper, amortized over the remaining lease in Marion, Illinois, where our vet- population, and relieve the pressure Co-Chair; Representative Susan term (December 31, 2012). No Com- erans from the western part of the to either build state facilities or en- Westrom, Co-Chair; Senators Tom mittee action is required. state go. Chair Pullin suggested ter into third party arrangements Buford, Julian M. Carroll, and Eliza- Next Representative Westrom that as long as they serve Kentucky through the private sector. beth Tori; Representatives Robert R. called Larry Owsley, Vice President veterans, she would work with Rep. Mr. Mullis said the plan also Damron and Steven Rudy. for Business Affairs, University of Nesler to possibly have a representa- contained project recommendations Guests: Bob Wiseman, Uni- Louisville (UL) to report two lease tive from the facility to appear before in the categories of maintenance and versity of Kentucky; Larry Owsley, related items. Mr. Owsley said the the committee. Mr. Pugh stated that renovation, information technology, University of Louisville; James Street, first item was a lease modification at each JECVO meeting, they try to and new construction. Each list was Eastern Kentucky University; Charles to PR-7058, a lease between UL and have the directors of the Marion, Il- a compilation of projects selected in Bush, Division of Real Properties; San- MedCenter One, LLC for space locat- linois, Louisville and Lexington, VA that category by Board members. The dy Williams, Kentucky Infrastructure ed on East Broadway in Louisville. UL hospitals provide reports. projects were listed alphabetically, Authority; Katie Smith, Department has requested an additional 1,689 Rep. Nelson thanked Mr. Pugh and a list does not reflect the num- of Financial Incentives, Economic square feet of space to the original for his straight talk and thanked him ber of members who listed a particu- Development Cabinet; Brett Antle, 35,086 square feet to be used for ad- for all he does for the veterans. lar project. The recommendations Office of Financial Management; and ditional health science center offices. There being no further business, include 16 maintenance/renovation Rick McQuady and John Herald, Ken- The cost of the lease will increase by the meeting adjourned. projects, 11 information technology tucky Housing Corporation. $29,723 and will be amortized over projects, and 16 new construction LRC Staff: Don Mullis, Kristi the remaining lease term (through CAPITAL PLANNING projects. Culpepper, Samantha Gange, and July 31, 2011). No Committee action ADVISORY BOARD The Board recommended that in Jesse Fries. is required. Minutes of the 5th Meeting authorizing projects to be financed Senator Tori made a motion to Mr. Owsley said the second of the 2009 Calendar 100 percent from other than state approve the minutes of the Decem- item was a new lease (SR-100901) October 9, 2009 funds and for which the other funds ber 15, 2009 meeting. The motion exceeding $100,000 between UL The 5th meeting of the Capital may be used for discretionary pur- was seconded by Representative and Watterson Medical Center, LLC Planning Advisory Board was held on poses (e.g., postsecondary educa- Rudy and approved by voice vote. for space located on Newburg Road Friday, October 9, 2009, at 1:00 PM, tion restricted funds), a high priority Representative Westrom called in Louisville. The new space will be in Room 169 of the Capitol Annex. should be assigned to projects to ad- on Don Mullis, Committee Staff Ad- utilized for additional medical offices Representative Melvin B. Henley, Co- dress life/safety and deferred main- ministrator, to discuss correspon- needed for UL Family Medicine. The Chair, called the meeting to order, tenance needs for which state funds dence and information items. Mr. university will add 5,544 square feet and the secretary called the roll. are not provided. Upon completion of Mullis said members’ folders con- of office space ($20 per square foot) Present were: the editing process, the plan will be tained several correspondence items: with an annual cost of $111,157 Members: Senator Jack West- printed and distributed to the heads the quarterly status reports from the through December 31, 2018. Action wood, Co-Chair; Representative of the three branches of government Finance and Administration Cabinet, is required on leases with an annual Melvin B. Henley, Co-Chair; Repre- and all legislators, and posted in elec- the universities that manage their cost in excess of $100,000. sentative Ron Crimm; David Buchta; tronic format on the Capital Planning own construction projects, and the Representative Rudy made a mo- Carole Henderson; John Hicks; Mary Advisory Board’s website. Administrative Office of the Courts tion to approve the new lease for UL. Lassiter; William May; Katie Quit- Representative Crimm made a (AOC); correspondence from the The motion was seconded by Senator ter; Edmund Sauer; Doug Teague; and motion to approve the 2010-2016 Kentucky Infrastructure Authority Tori and passed unanimously by roll Laurel True. Statewide Capital Improvement (KIA) regarding members questions call vote. LRC Staff: Don Mullis, Shawn Plan including the policy and proj- from the December 2009 meeting; Next Representative Westrom Bowen, and Jennifer Luttrell. ect recommendations as presented. and correspondence from the Fi- called James Street, Associate Vice Mr. Buchta made a motion to ap- Included within the motion was the nance and Administration Cabinet President for Capital Planning/Facili- prove the minutes of the September authorization for staff to make ap- regarding notice of advertisement for ties Management, Eastern Kentucky 18, 2009 meeting. The motion was propriate editing changes as needed leased space. University (EKU), to the table. Mr. seconded by Mr. True and approved in finalizing the plan for publication. Street asked for the Committee’s ap- by voice vote. The motion was seconded by Mr. Bu- Next Mr. Mullis noted that proval for a scope increase for the Mr. Mullis briefly discussed the chta and approved by unanimous roll members’ folders also contained sev- New Science Building project from 2010-2016 Statewide Capital Im- call vote. eral information items: KIA Ameri- restricted funds in the amount of provement Plan (plan). He said the Co-Chair Henley, Co-Chair can Recovery and Reinvestment Act $5,558,300. The restricted funds are plan contained four policy recom- Westwood, Representative Crimm, projects update; proposed legisla- derived from interest income, contin- mendations as follows: 1) the Gov- and Ms. Lassiter expressed their ap- tion related to the jurisdiction of the gency, and excess academic receipts. ernor and the General Assembly preciation to the Capital Planning Capital Projects and Bond Oversight The scope increase is needed to fund should place a high priority on fully Advisory Board members and staff Committee; and the staff and bond unforeseen expenses related to site funding the Budget Reserve Trust for their hard work in developing the market updates. development and higher than ex-

16 2010 Interim LEGISLATIVE RECORD pected costs for the building chillers from the American Recovery and Re- Next Representative Westrom Mac and will be privately placed with and air handlers. The revised scope of investment Act. called on Katie Smith, Deputy Com- the US Treasury. The Committee ap- the project will be $64,666,300. The second loan request was a missioner, Department of Financial proved this issue at the October 2009 Representative Rudy made a Fund A loan increase for the City of Incentives, Economic Development meeting and allowed KHC to take the motion to approve the scope increase Pineville in Bell County. The City is Cabinet, to discuss a new Economic necessary steps to participate in the for EKU. The motion was seconded requesting an increase in the amount Development Bond (EDB) Pool grant. program. No Committee action was by Senator Tori and approved unani- of $490,000 to the $1,703,000 Fund Smith asked the Committee for its ap- needed. mously by roll call vote. A loan approved by the Committee at proval of an EDB grant in the amount Senator Tori asked if KHC had Representative Westrom asked the July 2009 meeting. The loan in- of $250,000 for the Pike County Fis- exhausted their bonding authority Charles Bush, Director, Division of crease is needed because of increased cal Court for the benefit of EQT Cor- for fiscal year 2010. Mr. McQuady Real Properties, Finance and Admin- costs related to the sewer line being poration. The grant proceeds will responded that KHC had not and if istration Cabinet, to report two items placed lower than anticipated. The offset the cost of construction, lease, needed multi-family conduit bonds related to leases. Mr. Bush said the new loan amount is $2,193,000 with and equipping of a 35,000 square- could be issued this year. first item was a report of changes in a 20-year term and an interest rate foot facility and a 10,000 square foot Next Mr. Antle provided three square footage for eight state leases of one percent. Funding for this loan ancillary warehouse facility. Pursu- follow-up reports for Kentucky Eco- for the period July through Septem- comes from the American Recovery ant to the EDB grant agreement, EQT nomic Development Finance Author- ber 2009. The lease modifications and Reinvestment Act. will be required to maintain the ex- ity (KEDFA). The first report was for were less than $50,000 and did not The third loan request was a isting 147 full-time jobs and create KEDFA Hospital Facilities Revenue require Committee action. Fund A loan increase for the City of 100 new, full-time jobs within three Refunding and Improvement Bonds, Senator Buford asked if both PR- Calvert City in Marshall County. The years. Additionally, EQT will be re- Series 2009 A (Saint Elizabeth Hos- 4123 and PR-2829 were property of City is requesting an increase in the quired to pay the 100 new jobs an pital Facilities Revenue Refunding the Montgomery County Fiscal Court. amount of $250,000 to the $796,065 average hourly wage of not less than Bonds, Series 2009 B (Saint Elizabeth Mr. Bush responded affirmatively. Fund A loan approved by the Com- $26.78, excluding benefits. Medical Center, Inc.). Proceeds from In response to another question mittee at the October 2009 meeting. In response to a question from this bond issue will finance the ac- from Senator Buford, Mr. Bush said The new loan amount is $1,046,065 Representative Westrom, Ms. Smith quisition, construction, installation, that in regards to the leased space with a 20-year term and an interest said that EQT is a natural gas com- and equipping of healthcare facilities, related to PR-2829 renovations were rate of three percent. Funding for this pany. including a new ambulatory care fa- made to the building and the leased loan comes from the American Re- Representative Rudy made a mo- cility in Covington, Kentucky; and spaced related to PR-4123 was in a covery and Reinvestment Act made tion to approve the EDB grant for EQT Refund Hospital Facilities Revenue newer building. available by a decrease of the same Corporation. The motion was sec- Refunding and Improvement Bonds, Mr. Bush said the second item amount to the Fund A loan for Cal- onded by Senator Carroll and passed Series 2003 A, 2003 B, and 2003 C was a lease renewal (PR-2591) be- vert City’s Riverport project. unanimously by roll call vote. (Saint Elizabeth Medical Center, Inc. tween Louisville Jefferson Metro The fourth loan request was $6 Representative Westrom called project) - $109.1 million outstanding Government and the Office of At- million Fund A loan for the City of Brett Antle, Deputy Director, Office principal, which were issued as auc- torney General, Unified Prosecuto- Ashland in Boyd County for various of Financial Management, to the ta- tion rate securities. The Committee rial System in Jefferson County for capacity upgrades to two pump sta- ble to report several items. Mr. Antle approved this issue at the October space located on West Liberty Road tions. The loan term is 20-years with said the first item was a new bond 2009 meeting. in Louisville. No square footage in- an interest rate of two percent. issue for the Kentucky Asset/Liabil- The second report was for KED- crease is necessary and the annual Senator Tori asked how many ity Commission Project Notes, 2010 FA Healthcare Facilities Revenue cost of the lease is $313,838 (no rent people would be served by the proj- Federal Highway Trust Fund First Se- Bonds, Series 2009 (Masonic Homes increase). The lease term is through ect upgrade for the City of Ashland. ries (GARVEEs) in a principal amount of Kentucky, Inc. Project). Proceeds June 30, 2012. Action is required on Ms. Williams said that she wasn’t not to exceed $100 million. This bond from this bond issue will construct leases with an annual cost in excess sure on the exact amount of people issue provides permanent financing and equip a new 186,000 square of $100,000. the upgrade would serve, but that for $100 million of the $231 million foot healthcare facility to provide Senator Leeper made a motion the upgrades would serve people on authorized by the 2008 General As- 136 skilled care nursing beds and to approve the lease renewal. The Sixth Street and Roberts Drive. sembly in HB 406 for the Louisville inpatient and outpatient rehabilita- motion was seconded by Represen- In response to a question by Southern-Indiana Ohio River Bridges tion, dialysis, and dementia services, tative Rudy and passed unanimously Senator Buford regarding the project project. The bond issue may include and palliative care. The new facil- by roll call vote. for Sanitation District No. 1, Ms. Wil- both tax-exempt and taxable Build ity will be located in Louisville; and Next Representative Westrom liams said that the project will divert American Bonds components. refinance a $2 million line of credit called on Sandy Williams, Finan- flows from a stream into a wetland Senator Carroll asked what per- established to pay for improvements cial Analyst, KIA to present several and the wetland will help with the centage of Federal Highway Trust to long-term care facilities located in loans. Ms. Williams said that the first combined sewer overflow problem. funds received are committed to re- Shelby County. The bond issue was loan request was a Fund A loan in- Representative Westrom asked if pay GARVEE bonds. Mr. Antle said approved by the Committee in July crease for Sanitation District No. 1 in the Sanitation District No. 1 was re- he was not sure and would provide 2009 and was resubmitted and ap- Boone, Kenton, and Campbell Coun- quired to work with the Army Corps. the information to Committee staff. proved in November 2009 as a bank- ties. The District is requesting an in- of Engineers for this type of project. Senator Buford made a motion eligible purchase transaction. crease in the amount of $787,220 to Ms. Williams responded that she was to approve the new bond issue. The The third report was for KEDFA the $740,000 Fund A loan approved not sure, but that the District had to motion was seconded by Representa- Healthcare Facilities Revenue and by the Committee at the June 2009 work with the Environmental Protec- tive Rudy and approved unanimously Refunding bonds, Series 2009 (Ken- meeting. The increase results from an tion Agency. by roll call vote. tucky Easter Seal Society, Inc. Proj- additional wetland site that was iden- Senator Leeper made a motion Next Rick McQuady, Chief Ex- ect). A portion of the proceeds from tified and will allow for the construc- to approve the three Fund A loan in- ecutive Officer, Kentucky Housing this bond issue will be used to (1) tion of two 3-acre wetland cells. The creases and the new Fund A loan re- Corporation (KHC), and John Herald, provide new money for an addition new loan amount is $1,527,220 with quest. The motion was seconded by Chief Financial Officer, KHC, came to to the Cardinal Hill Rehabilitation a 20-year term and an interest rate Senator Tori and passed unanimously the table to provide a follow-up re- Hospital in Lexington and (2) refund of two percent. Funds for this loan by roll call vote. port for the KHC Revenue Bonds Se- outstanding variable rate debt that increase were provided by decreases Ms. Williams indicated that var- ries 2009 C (Taxable Escrow Bonds). has been affected by events in the to two other American Recovery and ious coal and tobacco development Mr. McQuady said as part of the finical markets. No Committee ac- Reinvestment Act loans for the Dis- grants authorized by the General As- New Issue Bond Program offered by tion is required on follow-up reports trict because of favorable bids. This sembly were included in members’ the federal government, KHC issued for previously approved bond issues. project represents $1,527,220 of folders. Each project was authorized $180 million 30-year bonds at a 3.81 Senator Carroll asked if the Kentucky’s Green Reserve require- in a budget bill and no further Com- percent rate. The bonds are being se- amount of conduit bonds is excluded ment. Funding for this loan comes mittee action was needed. curitized by Fannie Mae and Freddie from bonds issued by the state in

THE KENTUCKY GENERAL ASSEMBLY 17 the ranking of bonds supported by Senator Leeper indicated that entrance. The cost of improvement annual cost of the lease is $123,671 General Fund receipts. Mr. Antle re- the committee did not have a quo- is $2,045 and will be amortized over (no rent increase). The lease term is sponded affirmatively. rum and asked Don Mullis, Commit- the remaining lease term (through through June 30, 2018. Next Mr. Antle reported 11 new tee Staff Administrator, to discuss June 30, 2014). No Committee ac- In response to a question from bond issues with the School Facilities correspondence and information tion is required. Senator Carroll, Mr. Bush said that Construction Commission (SFCC) items. Mr. Bush reported one emergen- none of the lease renewals had an in- debt participation for Boyle County, Mr. Mullis said members’ fold- cy lease. He said that the Finance and crease cost in rent. Clark County, Cloverport Indepen- ers contained several correspon- Administration Cabinet has declared Senator Leeper asked John Os- dent in Breckinridge County, Galla- dence items: correspondence from an emergency under KRS 56.805 to borne, Vice President, Campus Ser- tin County, Henry County, Hopkins Brett Antle, Deputy Director, Office allow for procurement of temporary vices and Facilities, Western Ken- County, Lincoln County, McCracken of Financial Management, regarding storm debris storage sites for the tucky University (WKU), to come County, Perry County, Somerset In- percentage of Federal Highway Trust Transportation Cabinet. He indicated to the table. Mr. Osborne reported dependent in Pulaski County, and Fund monies committed to GARVEE that of the 89 storm debris sites, 63 a scope increase for the Construct Whitley County. bonds; Auditor of Public Accounts sites have been closed out and 26 are Chapel and Columbarium project. Senator Carroll made a motion Lease Law Compliance Report for Fis- still active sites. No action is required The scope increase is $255,000 for a to approve the 11 SFCC bond issues. cal Year 2008-2009; a report of plan for emergency leases. revised scope of $1,955,000. Fund- The motion was seconded by Rep- by the University of Kentucky to use In response to a question from ing for the increase comes from pri- resentative Rudy and passed unani- the Construction Management-at- Senator Carroll, Mr. Bush said that vate funds. The additional funds are mously by roll call vote. Risk project delivery method; a report the 26 properties have not been needed due to receiving bid that were Representative Westrom asked of plan by the University of Louisville properly reclaimed. greater than the original estimate. Mr. Mullis to report the new local (UL) Athletics Association to use the Senator Leeper indicated that Action is required, however due school bond issues. Mr. Mullis said Design-Build project delivery method; the Committee still did not have a to a lack of quorum, no action was there were seven new school district and a report from the Department of quorum and asked the secretary to taken. bond issues with 100 percent lo- Commercialization and Innovation of call the role. In response to a question from cal debt support for Boone County, a grant over $600,000 from the High Senator Leeper asked Mr. Bush Representative Wayne, Mr. Osborne Calloway County, Daviess County, Tech Investment Pool and High Tech to report several lease renewals. Mr. said the WKU Chapel would be non- Fayette County, Madison County, Construction Pool Grants. Bush said the first lease renewal was denominational. Paducah Independent, and Warren Mr. Mullis noted that mem- for the Department of Libraries and Senator Leeper asked John Hicks, County. All disclosure information bers’ folders also contained several Archives (PR-3388) in Frankfort, Deputy Director, Governor’s Office has been filed. No Committee action information items: Kentucky Higher Kentucky for space located at the for Policy and Management, Finance was needed. Education Student Loan Corporation Buffalo Trace Distillery. No square and Administration Cabinet, to re- With there being no further (KHESLC) 2004 Trust Restructuring footage increase is necessary and the port several projects. Mr. Hicks said business, Representative Rudy made memo from Kristi Culpepper, Com- annual cost of the lease is $192,948 the Finance and Administration Cab- a motion to adjourn the meeting. The mittee Analyst; Kentucky Infrastruc- (no rent increase). The lease term is inet is reporting its approval of a new motion was seconded by Represen- ture Authority (KIA) Leveraged Bond through June 30, 2011. Emergency, Repair, Maintenance, or tative Damron and the meeting ad- Program memo from Ms. Culpep- The second lease renewal was Replacement project for the Tourism, journed at 3:15 p.m. per; Western Kentucky University for the Cabinet for Health and Family Arts and Heritage Cabinet, Kentucky (WKU) Energy Savings Performance Services (PR-4000) in Prestonsburg, State Fair Board (Fair Board) Horse Contract; proposed legislation relat- Kentucky for space located on North Barn Replacement and Arena Repair ed to the jurisdiction of the Commit- Arnold Avenue. No square footage in the amount of $2,000,000. The CAPITAL PROJECTS AND tee; and the staff and bond market increase is necessary and the annual project was necessitated by a fire BOND OVERSIGHT updates. cost of the lease is $114,499 (no rent which destroyed four horse barns COMMITTEE Senator Carroll asked Mr. Mul- increase). The lease term is through and nearby support structures, and Minutes lis to review the proposed legisla- June 30, 2018. damaged a covered arena. Funding February 16, 2010 tion related to the jurisdiction of The third lease renewal was for for this project is provided from a The Capital Projects and Bond the Committee. Mr. Mullis said that the Cabinet for Health and Family portion of the insurance proceeds. Oversight Committee met Tuesday, the only piece of legislation related Services (PR-4613) in Florence, Ken- Representative Wayne asked February 16, 2010, at 1:00 PM, in to the Committee that has been tucky for space located on US 42. No why the insurance proceeds did Room 169 of the Capitol Annex. signed by the Governor is House Bill square footage increase is necessary not cover the full value of the horse Senator Bob Leeper, Chair, called the 302, which authorizes $4 million in and the annual cost of the lease is barns and structures. Mr. Hicks said meeting to order. agency bonds for the Department of $233,156 (no rent increase). The that the Fair Board did not have full Present were: Military Affairs to construct a hangar lease term is through June 30, 2013. replacement coverage on the struc- Members: Senator Bob Leeper, at Bluegrass Station. The fourth lease renewal was for tures. As a result of this project, the Co-Chair; Senators Tom Buford and Mr. Mullis reported that UL has the Department of Corrections (PR- Fair Board will subsequently insure Julian M. Carroll; Representatives used available federal funds total- 3086) in Lexington, Kentucky for the new horse barns at full replace- Steven Rudy and Jim Wayne. ing $455,000 to acquire one item of space located on West Main Street. ment value. Guests: Charles Bush, Divi- scientific equipment. Purchases of No square footage increase is neces- In response to another ques- sion of Real Properties; John Hicks, unbudgeted equipment must be re- sary and the annual cost of the lease tion from Representative Wayne, Mr. Governor’s Office for Policy and ported to the Committee, but no ac- is $116,908 (no rent increase). The Hicks said as a result of this project, Management; John Osborne, West- tion is required. lease term is through June 30, 2011. the state is moving in the direction ern Kentucky University; Sandy Senator Leeper called on Charles The fifth lease renewal was for to have full replacement value insur- Williams and John Covington, Ken- Bush, Director, Division of Real Prop- the Department of Housing, Build- ance on other state structures. tucky Infrastructure Authority; Katie erties, Finance and Administration ings, and Construction (PR-4464) in Representative Rudy asked what Smith, Economic Development Cabi- Cabinet, to report several items re- Frankfort, Kentucky for space located caused the fire at the Fairgrounds. net; Tom Howard, Office of Financial lated to leases. Mr. Bush said the first on Sea Hero Road. No square footage Mr. Hicks said that Jerry Frantz, Ken- Management; Jim Ackinson and Ed- item was a lease modification report increase is necessary and the annual tucky State Fair Board, could answer ward Cunningham, Kentucky Higher for the Personnel Cabinet (Cabinet) cost of the lease is $361,931 (no rent the question. Mr. Frantz responded Education Student Loan Corpora- in Franklin County (PR-4830). The increase). The lease term is through that an investigation determined the tion; Jerry Frantz, Kentucky State Fair Cabinet has requested improvements June 30, 2013. fires were caused by arson. Board; and John Egan, Frost, Brown be made to the facility housing the The sixth lease renewal was for Action is required, however due and Todd. Deferred Compensation Authority. the Cabinet for Health and Family to a lack of quorum no action was LRC Staff: Don Mullis, Kristi The improvements will consist of an Services in Louisa, Kentucky for space taken. Culpepper, Samantha Gange, and additional door and side panels to located on Bulldog Lane. No square Next Mr. Hicks said the Finance Jesse Fries. provide an airlock to the employee footage increase is necessary and the and Administration Cabinet is report-

18 2010 Interim LEGISLATIVE RECORD ing its approval of a scope increase in the amount of $103,744 to the perienced challenges to operations which feeds into the Westminster for Eastern Kentucky University to $1,000,000 Fund A loan approved and cash flows, which resulted in an Street Sewer. The new loan amount Renovate Residence Hall (Walters by the Committee at the August underfunded reserve account. Addi- is $786,000 with a 20-year term and Hall). The scope increase is $500,000 2009 meeting. The loan increase was tionally, Ms. Williams indicated that an interest rate of one percent. for a revised scope of $10,500,000. needed to allow for additional reha- if the District would have notified The third loan request was a Funding for this increase comes from bilitation as a result of the inspection KIA of the situation and have asked $1,860,405 Fund A loan for the City restricted funds. The funds will be required with American Recovery to use the reserve funds, KIA would of Prestonsburg in Floyd County to used to offset increased costs as- and Reinvestment Act funding. The have allowed them to. complement the $2,670,000 Fund sociated with unanticipated reme- new loan amount is $1,103,744 with Senator Carroll asked if it was A American Recovery and Reinvest- dial action related to brick veneer on a 20-year term and an interest rate KIA’s policy to allow borrower’s to ment Act loan to modify the exist- the building being attached, removal of one percent. Funding for this loan use reserve funds to pay on other ing Wastewater Treatment Plant. The of interior partitions, and plumbing comes from the American Recovery KIA loans. Ms. Williams responded project also involves two additional problems. and Reinvestment Act. affirmatively. treatment units and the conversion Action is required, however due The seventh loan request was In response to another question of an existing unit. The loan term is to a lack of quorum no action was a Fund A loan increase for the City from Senator Carroll, Ms. Williams 20-years with an interest rate of one taken. of Warsaw in Gallatin County. The indicated that KIA works with each percent. Mr. Hicks then reported that the City is requesting a $60,156 increase borrower to allow them to repay the The fourth loan request was Finance and Administration Cabinet to the $2,000,000 Fund A loan ap- reserve account without having to a Fund A loan increase for the City approved an unbudgeted project for proved by the Committee at the De- increase customer rates. of Prestonsburg in Floyd County. the Department of Military Affairs to cember 2009 meeting. The loan in- Senator Carroll asked Ms. Wil- The City is requesting an increase Construct a New Armory Readiness crease resulted from bids higher than liams if KIA could resubmit to the in the amount of $1,772,429 to the Center in Owensboro. The project the estimated project costs. The new Committee the District’s amended $897,571 Fund A loan approved by cost is $14 million and will be fund- loan amount is $2,060,156 with a loan condition request in March the Committee at the October 2009 ed from a grant ($10,500,000) from 20-year term and an interest rate of 2010. Ms. Williams responded affir- meeting. The increase will replace the the Department of Defense Army one percent. Funding for this loan matively. Fund B loan approved by the Com- Military Construction program and comes from the American Recovery Representative Wayne com- mittee in October 2009 for the same $3,500,000 from restricted agency and Reinvestment Act. mented that he was concerned amount. Funding for this increase funds. The project will replace a 50- The eighth loan request was an about proceeding with this project was made available by other Ameri- year-old facility that does not meet amended loan request for the Moun- and asked Ms. Williams if there was can Recovery and Reinvestment the requirements of the units which tain Water District in Pike County. a rush on the project or if it could Acts projects having lower than ex- currently use it. The existing armory The Committee approved a $750,000 wait until further information was pected bids. The new loan amount is will be purchased by the City of Ow- Fund A loan for the District in De- gathered concerning the status of the $2,670,000 with a 20-year term and ensboro for $1 million. The new fa- cember 2009. It was noted that the state audit. Ms. Williams responded an interest rate of one percent. The cility will be located on state leased District’s Repair and Maintenance that it could wait until next month. project represents $803,000 of Ken- property at the Owensboro-Daviess Fund was underfunded by $560,948 The ninth loan request was a tucky’s Green Reserve requirement. County Regional Airport and will because the District had not made $36,600,000 Fund A loan for the Funding for this loan comes from the consist of 58,318 square feet that in- the scheduled deposits to the re- Winchester Municipal Utilities American Recovery and Reinvest- cludes an assembly hall, classrooms, serve funds. KIA is bringing the loan through the City of Winchester in ment Act. kitchen, break area, and other related request back to the Committee with Clark County for construction of the Senator Leeper asked why KIA facilities. amended loan conditions, whereby Lower Howards Creek Wastewater did not know about the two addi- Action is required, however due the District would make monthly System Improvements project. The tional treatment units in October to a lack of quorum, no action was payments of $11,340 to the reserve loan term is 20-years with an inter- 2009. Ms. Williams indicated that taken. account until January 2016. est rate of two percent. this project was initially awarded a Next Senator Leeper called on Representative Rudy asked how Senator Leeper asked if the City Fund B loan and that the City applied Sandy Williams, Financial Analyst, many of KIA’s outstanding loans cur- had passed an ordinance for the rate for a Fund A loan through the Ameri- KIA, to present several loans. Ms. rently have insufficient funds in their increases. Ms. Williams responded can Recovery and Reinvestment Act Williams said the first loan request replacement reserves. Ms. Williams affirmatively. and when additional stimulus money was a Fund A loan increase for the responded that to her knowledge the became available KIA replaced the City of Prestonsburg in Floyd Coun- District was the only one. Action is required, however due Fund B loan with the American Re- ty. The City is requesting an increase Representative Wayne asked if to a lack of quorum no action was covery and Reinvestment Act funds. in the amount of $41,900 to the KIA was aware that the State Au- taken. Additionally, the increase was ne- $230,100 Fund A loan approved by ditor’s Office has initiated an audit The tenth loan request was a cessitated due to several changes the Committee at the October 2009 of Mountain Water District at the $500,000 Fund B loan for the Bullitt required during the design process meeting. The increase was necessi- request of Pike County Fiscal Court. County Sanitation District to acquire after the KIA application had been tated during the design phase when Ms. Williams indicated that she was and repair a privately-owned waste- submitted. it was discovered that the potential not aware of the audit. water treatment plant and collection The fifth loan request was a Fund for sewer overflows was reduced but Senator Carroll asked if KIA had system in Pioneer Village. The loan A loan increase for the City of Princ- not eliminated. The new loan amount copies of the outside audit informa- term is 20-years with an interest rate eton in Caldwell County. The City is is $272,000 with a 20-year loan term tion. Ms. Williams responded affir- of three percent. requesting an increase in the amount and an interest rate of one percent. matively. The eleventh loan request was of $174,256 to the $975,000 Fund The second loan request was a In response to another question a $1,000,000 Fund B loan for the A loan approved by the Committee Fund A loan increase for the City of from Senator Carroll, Ms. Williams Hart County Industrial Authority to at the December 2009 meeting. The Prestonsburg in Floyd County. The said the District used the reserve expand an existing wastewater pre- loan increase was needed to allow for City is requesting an increase in the funds to offset increase costs due to treatment facility at Progress Park in additional rehabilitation as a result of amount of $420,700 to the $365,300 growth in the area. Horse Cave, Kentucky. The expansion the inspection required with Ameri- Fund A loan approved by the Com- Senator Carroll asked if the Dis- of the plant is necessary to accom- can Recovery and Reinvestment Act mittee at the October 2009 meeting. trict used the reserve funds to make modate the T. Marzetti Company. funding. The new loan amount is The increase was necessitated dur- a payment on a previous KIA loan. The loan term is 20-years with an $1,149,256 with a 20-year term and ing the surveying process when it Ms. Williams said KIA received a let- interest rate of one percent. an interest rate of one percent. was discovered that combined sewer ter from the District indicating that Senator Leeper asked if the com- The sixth loan request was a overflow (CSO) problems were more the District had been in full compli- pany’s expansion would create any Fund A loan increase for the City severe than originally anticipated. The ance with reserve requirements up new jobs for Kentucky residents. Ms. of Princeton in Caldwell County. design area was extended to address until 2005. However, because of ag- Williams said the company would The City is requesting an increase the CSO of a large area of the City gressive expansion, the District ex- create about 40 new jobs.

THE KENTUCKY GENERAL ASSEMBLY 19 Action is required, however due amendment to a previously approved programs from the federal stimulus this transaction came about. What to a lack of quorum, no action was EDB grant. The Committee approved legislation, which generated another KHESLC plans to do is transfer as taken. a $450,000 EDB grant in June 2005 pool of capital that KIA could use to many of the existing assets to a new The twelfth loan request was a for Land O’ Frost, Inc. in Hopkins make loans that can be pledged. trust within the asset-backed com- Fund F loan increase for the Louisville County to offset the cost of devel- Action is required, however due mercial paper program, receive the Water Company in Jefferson County. opment, construction, and equip- to a lack of quorum no action was proceeds, and buy back bonds held The Company is requesting an in- ping of a 175,000 square foot USDA taken. by the original broker-dealer of the crease in the amount of $173,200 to prepackaged lunchmeat production Mr. Howard said the next two bonds. Over the past few years, the $4,000,000 Fund F loan approved facility. The company was required to bond issues were for the Kentucky broker-dealers agreed to buy back by the Committee in September 2009. create a minimum of 300 new, full- Higher Education Student Loan Cor- the debt from the original investors. This project involves construction of time jobs within three year of com- poration (KHESLC) and called Jim KHESLC has a unique case, in which 5.4 miles of steel transmission pipe- pletion and occupancy. However, due Ackinson, Chief Financial Officer, the broker-dealer holds 93 percent of line along I-64, a 20 million-gallons- to a significant downward change in KHESLC, and Edward Cunningham, those bonds. KHESLC will be allowed per-day booster pump station, and the economy, Land O’ Frost, Inc. has CEO, KHESLC, to the table to dis- to buy back the bonds at a discount one storage tank. The increase will be not been able to meet the job require- cuss the bond issues. Mr. Ackinson and retire the bonds. He said KHESLC paid for with American Recovery and ments. The company has requested said the first bond issue was KHESLC cannot use only the conduit program, Reinvestment Act funds made avail- an extension of the grant agreement Straight A Conduit (2004 Trust Re- because not all of KHESLC’s loans able from other projects receiving fa- from November 5, 2009 to January structuring). This transaction and the are eligible collateral for the conduit. vorable bids. The new loan amount is 1, 2013. The Kentucky Economic De- companion KHESLC LIBOR Floating Therefore, KHESLC is planning a sec- $4,173,200 with a 20-year term and velopment Finance Authority (KED- Rate Notes transaction will refinance ond financing. an interest rate of two percent. FA) approved the amendment to the the failed auction rate securities is- In response to a question from Senator Carroll asked if the wa- grant agreement extending the first sued under KHESLC’s 2004 General Senator Carroll, Mr. Ackinson said terline will go to the Shelby County compliance measurement by one Bond Resolution. Mr. Ackinson said the investment bankers were the line and hook into the Shelby County year. No action is required on EDB the standard for issuing debt in the ones that suggested these transac- Water District. Ms. Williams said she amendments. student loan industry was auction tions. wasn’t sure and would provide the Next Senator Leeper called Tom rate securities (ARS), which began Representative Wayne asked information to Committee staff. Howard, Executive Director, Office of to fail in the marketplace in Febru- how stable the transactions are and Representative Wayne said in- Financial Management, to the table ary 2008. The market was no longer what the future holds for student formation provided to the Committee to report several items. Mr. Howard interested in a collateralized loan lending. Mr. Ackinson this is a refi- by KIA indicated that the waterline said the first item was a new bond product at that time and the inves- nancing transaction, so it only ap- would hook into the Shelby County issue for KIA Wastewater and Drink- tors that held the bonds could no plies to KHESLC’s existing portfolio Water District and eventually end up ing Water Revolving Fund Revenue longer liquidate their positions. Sub- of student loans. He said there is a in Frankfort. Bonds, Series 2010. Mr. Howard sequently, the interest rates on those solid market for the conduit financ- Senator Carroll asked when the asked John Covington, Executive Di- bonds where dictated by the terms ing. The problems in the market have waterline will end up in Frankfort. rector, KIA, to the table to discuss of the bond document. Mr. Ackinson been created by two major risks: 1) Ms. Williams indicated she would the new bond issue. These bond indicated that the memo prepared credit risk, and 2) liquidity risk. In have to provide the information to issues will leverage the loan repay- by Ms. Culpepper gives a thorough the case of the conduit program, the Committee staff. ments KIA receives under its Fund A analysis of KHESLC’s status. federal government is backing it and Action is required, however due and Fund F loan programs. [Autho- Mr. Ackinson said currently prepared to buy the paper if investors to a lack of quorum, no action was rized in the 2008-10 Budget.] Pro- KHESLC has approximately $1.8 bil- do not. With the second piece, the taken. ceeds from the bond issue will be lion in failed ARS’s outstanding un- LIBOR Floating Rate Notes, KHESLC Ms. Williams indicated that var- used to make loans to government der two separate trust indentures. in effect is replacing a product that ious coal and tobacco development agencies to finance wastewater and One of the indentures, dated 2004, is required new investment every 30 to grants authorized by the General As- drinking water infrastructure proj- comprised of about $1 billion in out- 35 days through an auction process, sembly were included members’ fold- ects. Mr. Howard indicated that an standing debt. The solution KHESLC rather than a long-term investor. Mr. ers. Each project was authorized in a AA rating is anticipated. has identified involves a two-stage Cunningham said the interest rates budget bill and no further Committee Mr. Covington said KIA received transaction. First, KHESLC would are compressed at this time and a action was needed. legislative approval for $112 million borrow, to the extent possible, under failed ARS is a cash-flow investment Senator Leeper called on Katie for Fund A projects in 2009 and $131 Straight A Conduit mechanism (2004 for KHESLC. He said when interest Smith, Deputy Commissioner, De- million in 2010, and $23 million for Trust Restructuring). This is a com- rates start moving back up, the inter- partment of Financial Incentives, Fund F projects in 2009 and $30 mil- mercial paper product that was es- est rate formula works to KHESLC’s Economic Development Cabinet, to lion in 2010. He indicated that over tablished under the federal Ensuring disadvantage. KHESLC believes it is discuss a few items. Ms. Smith asked half of the funds have been commit- Continued Access to Student Loan in front of the market at this time the Committee for its approval of an ted and will be deemed spent when Act. When liquidity dried up for the and not refinancing could create a Economic Development Bond (EDB) the bonds are issued. KIA will pro- industry, those borrowers who still serious problem. Pool grant in the amount of $250,000 ceed with the balance of the funds wanted to purchase student loans Senator Carroll asked why stu- for the Boone County Fiscal Court before the end of the current fiscal could not obtain liquidity through dent loans fell short in 2008-2009 for the benefit of Coating Excellence year. conventional sources. The federal and what happened to remedy International, LLC (CEI). The grant Senator Leeper asked what KIA’s government created a program to pro- the crisis. Mr. Ackinson said when proceeds will offset the cost of the capacity is to do additional leveraged vide to liquidity. The federal program KHESLC signed-up for the participa- lease, improvements, and equipping bond issues in the future. Mr. Howard had two components. The first was tion program, the federal government of a 120,000 square foot building for said it will depend on the rating tar- the Participation and Put Program, did not set up an ideal situation and a production and warehouse facility. get. He indicated if the bonds receive which KHESLC has been very active would not advance the funds. The Pursuant to the EDB grant, CEI will an AA rating, there may be addition- in, and the second was the conduit Commonwealth provided the money be required to create 71 new, full- al capacity. Mr. Covington said when program. The conduit program was for the student loans through a $50 time jobs within three years. Addi- KIA looked at this bond issue, there designed to provide a short-term fi- million bond. tionally, CEI will be required to pay was significant additional capacity nancing vehicle for student lenders Action is required, however due the 71 new jobs an average hourly above the targeted AA rate, since who in the past had used bank lines to a lack of quorum no action was wage of not less than $17.53, ex- that time KIA did the initial capac- of credit. taken. cluding benefits. ity analysis and determined factors Mr. Ackinson said KHESLC did Next, Mr. Howard said the last Action is required, however due have moved in KIA’s favor. The esti- not consider the conduit program a bond issue was for KEDFA Medical to a lack of quorum, no action was mated interest rate on the bonds has viable financing alternative because Center Revenue Bonds, Series 2010 taken. decreased and KIA also received an it requires an equity contribution (Ashland Hospital Corporation d/b/ Next Ms. Smith reported an additional infusion of cash into the that KHESLC could not afford until a King’s Daughters Medical Center

20 2010 Interim LEGISLATIVE RECORD Project). Proceeds from this bond is- Jesse Fries. The land will be used for hunting, battery manufacturing research and sue will be used to make various im- Senator Buford made a motion fishing, and outdoor recreation. development. The project was ap- provements to the medical center in to approve the minutes of the Janu- Representative Rudy made a proved by the UK Board of Trustees Ashland, Kentucky including adding ary 19, 2010 meeting. The motion motion to approve the unbudgeted at its March meeting and the Coun- two floors to the Heart and Vascular was seconded by Representative project. The motion was seconded by cil on Postsecondary Education at its Center, renovating and expanding an Rudy and approved by voice vote. Senator Leeper and approved unani- February meeting. operating room, inpatient, and out- Senator Buford made a motion mously by roll call vote. In response to a question from patient facilities. to approve the minutes of the Feb- Next Mr. Hicks said the Finance Senator Carroll, Mr. Wiseman said In response to a question from ruary 16, 2010 meeting. The motion and Administration Cabinet is re- UK researchers are still looking for Senator Carroll, Mr. John Eagan, was seconded by Senator Tori and porting its approval of an unbud- a $3,500,000 grant from the Energy Frost, Brown Todd LLC., said that approved by voice vote. geted project for the Department of and Renewable Energy section of the King’s Daughters is a non-profit or- Representative Westrom called Military Affairs for the construction state that is currently being negoti- ganization and has been located in on Don Mullis, Committee Staff Ad- of roadway repairs at the Harold L. ated. Ashland, Kentucky for many years. ministrator to discuss correspon- Disney Training Center. The project Senator Carroll asked what UK Action is required, however due dence and information items. Mr. cost is $750,000 in federal funds. The would do if they did not receive the to a lack of quorum, no action was Mullis said members’ folders con- funds will be used to repair a portion $3,500,000 grant. Mr. Wiseman said taken. tained several items of correspon- of an existing roadway to prevent it that UK would have to scale down Mr. Howard then reported a fol- dence: a letter to Secretary Miller, from collapsing into the Cumberland the size of the project, but was re- low-up report for State Property and Finance and Administration Cabinet, River and to correct a danger to ve- questing authorization for the full Buildings Commission (SPBC) Road and President Gary Ransdell, Western hicular traffic. scope. Fund Revenue Bonds, Project no. Kentucky University, regarding lack In response to a question from Senator Carroll made a motion 73. Proceeds from this bond issue of quorum at the February 16, 2010 Senator Leeper, Mr. Hicks said the to approve the unbudgeted project refunded outstanding bonds from Committee meeting; correspondence Harold L. Disney Training Center for UK. The motion was seconded SPBC Project No. 73. The refunding from Secretary Miller, Finance and was located in Barbourville in Knox by Senator Leeper and passed unani- resulted in a net present value sav- Administration Cabinet, regarding County. mously by roll call vote. ings of $473,250, or 3.788% of the approval of projects from the Febru- Representative Rudy made a Next Mr. Mullis reported that UL refunded bonds. ary 16, 2010 Committee meeting, motion to approve the unbudgeted has used available federal funds to- Senator Leeper asked Mr. Mullis and correspondence from Dr. Gary project. The motion was seconded taling $350,315 to acquire one item to report one new local school bond A. Ransdell, President, Western by Senator Tori and approved unani- of scientific equipment. Purchases of issue. Mr. Mullis said the new school Kentucky University, regarding ap- mously by roll call vote. unbudgeted equipment must be re- bond issue with 100 percent local proval of a project from the Febru- Representative Westrom called ported to the Committee, but no ac- debt support for Franklin Indepen- ary 16, 2010 Committee meeting; on Bob Wiseman, Vice President tion is required. dent School District Finance Corpo- correspondence from the Kentucky for Facilities Management, Univer- Representative Westrom called ration. All disclosure information has Infrastructure Authority (KIA) re- sity of Kentucky (UK), to report two on Charles Bush, Director, Division been filed. No Committee action was garding Mountain Water District and projects. Mr. Wiseman asked for the of Real Properties, Finance and Ad- needed. the Louisville Water Company; and a Committee’s approval of an unbud- ministration Cabinet, to report two Senator Leeper indicated that report of the plan by the University geted project to renovate the 4th floor items related to leases. Mr. Bush said due to a lack of quorum, letters would of Kentucky to use the Construction of the Sanders-Brown Center on Ag- the first item was a report of changes be sent to the Finance Secretary and Management-at-Risk project delivery ing. The project scope is $6,432,134 in square footage for eight state leas- Western Kentucky University listing method for CAER Laboratory Build- funded by a National Institutes of es for the period October through the items that required action. ing #2. Health grant derived from the Ameri- December 2009. The lease modifica- With there being no further Next Mr. Mullis noted that can Recovery and Reinvestment Act. tions were less than $50,000 and did business, the meeting adjourned at member’s folders also contained The renovations will include retro- not require Committee action. 3:30 p.m. several information items: an Energy fitting outdated, non-compliant re- Mr. Bush said the second item Savings Performance Contract for the search support space and the associ- was a lease renewal (PR-4095) be- CAPITAL PROJECTS AND Education Cabinet’s Carl D. Perkins ated mechanical equipment to meet tween the Cabot Turfway Ridge Lease BOND OVERSIGHT Training Center; Murray State Uni- current regulatory requirements. Mr. Company, LLC and the Department COMMITTEE versity notice of reduction in scope Wiseman said the project was ap- of Revenue in Florence, Kentucky Minutes for the Construct Electrical Genera- proved by the UK Board of Trustees for space located on Turfway Drive. March 22, 2010 tion Plant project; proposed legisla- and the Council on Postsecondary No square footage increase is neces- The Capital Projects and Bond tion related to the jurisdiction of the Education is considering the proj- sary and the annual cost of the lease Oversight Committee met on Mon- Capital Projects and Bond Oversight ect at its April meeting. However, in is $115,892 (no rent increase). The day, March 22, 2010, at 3:00 PM, in Committee; and the staff and bond order to comply with the timing re- lease term is through June 30, 2011. Room 171 of the Capitol Annex. Rep- market updates. quirements of the stimulus funding, No Committee action was needed. resentative Susan Westrom, Chair, Representative Westrom called action by the Committee was needed Next Representative Westrom called the meeting to order, and the on John Hicks, Deputy Director, at this meeting. called on Sandy Williams, Financial secretary called the roll. Governor’s Office for Policy and Senator Carroll made a motion Analyst, KIA to present one loan. Present were: Management, Finance and Adminis- to approve the unbudgeted project Ms. Williams said the loan request Members: Senator Bob Leeper, tration Cabinet, to report two proj- for UK. The motion was seconded was an amended loan for the Moun- Co-Chair; Representative Susan ects. Mr. Hicks said the Finance and by Senator Buford and passed unani- tain Water District in Pike County. Westrom, Co-Chair; Senators Tom Administration Cabinet is reporting mously by roll call vote. The District’s Repair and Mainte- Buford, Julian M. Carroll, and Eliza- its approval of an unbudgeted proj- Next Mr. Wiseman asked the nance Fund was underfunded by beth Tori; Representative Steven ect for the Tourism, Arts, and Heri- Committee for its approval of an un- $560,948 because the District had Rudy. tage Cabinet, Department of Fish budgeted project to construct the not made the scheduled deposits to Guests: John Hicks, Governor’s and Wildlife for a land acquisition Center for Applied Energy Research the reserve funds. KIA is bringing the Office of Policy and Management; in Marion County. The project cost Laboratory #2 (CAER). The project loan request back to the Committee Bob Wiseman, University of Ken- is $1,825,000 and will be funded scope is $19,776,913 funded by a at the request of Committee mem- tucky; Charles Bush, Division of Real from federal funds in the amount of National Institute of Standards and bers at the February, 2010 meeting Properties; Sandy Williams, Ken- $1,022,000 and $803,000 from the Technology grant ($11,832,685), a after concerns over an ongoing audit tucky Infrastructure Authority; and Kentucky Heritage Land Conserva- state Energy Plan Energy Efficiency by the State Auditor’s Office (Office). Brett Antle, Office of Financial Man- tion Fund. The project consists of the and Renewable Energy demonstra- The amended loan conditions would agement. purchase of a 1,200 acre tract in part- tion grant ($7,000,000), and restrict- require the District to make monthly LRC Staff: Don Mullis, Kristi nership with the Division of Forestry ed funds ($944,228). The CAER will payments of $11,340 to the reserve Culpepper, Samantha Gange, and and the Marion County Fiscal Court. provide laboratory space dedicated to account until January 2016. Ms. Wil-

THE KENTUCKY GENERAL ASSEMBLY 21 liams said that she spoke to the Of- corporate offices, expansion of a dis- Committee at the May 2008 meet- tucky Infrastructure Authority; and fice concerning the status of the au- trict office and donation centers, and ing. Tom Howard and Brett Antle, Office dit and they indicated at the request establishing new donation centers; The third follow-up report was of Financial Management. of the Pike County Fiscal Court, an and 2) refund an outstanding 2003 for KEDFA Healthcare Facilities Rev- LRC Staff: Don Mullis, Kristi examination is currently being con- adjustable-rate conduit bond issue. enue Bonds (Madonna Manor, Inc. Culpepper, and Samantha Gange. ducted for the Mountain Water Dis- The bonds will be secured by a mort- Project). Proceeds from this bond is- Senator Carroll made a motion trict from 2004 to the present. Ms. gage on all of Goodwill’s real prop- sue will finance the acquisition, con- to approve the minutes of the March Williams noted that the Office can- erty and will be directly purchased by struction, and equipping of health 22, 2010 meeting. The motion was not discuss the specifics of an on-go- PNC Bank. care facilities in Villa Hills. The bond seconded by Representative Rudy ing examination, but that the exami- Senator Leeper made a motion issue was approved by the Commit- and approved by voice vote. nation is not a full financial audit and to approve the new bond issue for tee at the November 2009 meeting. Senator Leeper indicated that is tailored to address specific issues. KEDFA. The motion was seconded No Committee action is required on because some members needed to Senator Tori said she was con- by Senator Buford and passed unani- follow-up reports for previously ap- leave early, action items would be cerned over the media reports of mously by roll call vote. proved bond issues. taken first. He called on John Hicks, the financial and operational stabil- Mr. Antle said the third new bond Next Mr. Antle reported 11 Deputy Director, Governor’s Office ity of the Mountain Water District. issue was for the Turnpike Authority new bond issues with the School for Policy and Management, to come Ms. Williams said she spoke with of Kentucky Economic Development Facilities Construction Commission to the table to present one project. the Chairwomen of the Mountain Road Revenue and Revenue Refund- (SFCC) debt participation for Casey Mr. Hicks said the Finance and Ad- Water District and got confirmation ing Bonds (Revitalization Projects) County, Calloway County, Coving- ministration Cabinet is reporting its that the District is cooperating with 2010 Series A (Revenue and Rev- ton Independent in Kenton County, approval of an unbudgeted project for the audit and does not seem to have enue Refunding) and Series B (Feder- Floyd County, Floyd County, Ken- the Department for Military Affairs concerns. ally Taxable – Build America Bonds ton County, Madison County, Ohio Wendell H. Ford Regional Training Senator Leeper made a motion to – Direct Payment to the Authority). County, Paris Independent in Bour- Center. The project cost is $610,000 approve the amended loan condition Proceeds from this issue will perma- bon County, Scott County, and Simp- and is funded by the 2010 Army for the Mountain Water District. The nently finance $250 million of the son County. Operations and Maintenance grant motion was seconded by Represen- $400 million Road Fund supporter Senator Buford made a motion program and is 100 percent federally tative Rudy. Four members voted af- projects authorized by 2009 HB 536 to approve the 11 SFCC bond issues. funded. The project consists of the firmatively, and two members voted and $50 million of Base Realignment The motion was seconded by Sena- construction of a 25 meter rifle range “No.” The motion did not pass. and Closure projects authorized in tor Carroll and passed unanimously that will be used to train Kentucky Senator Buford commented that 2008 HB 406 (2008-10 Budget). No by roll call vote. National Guard troops. perhaps the Finance and Administra- Committee action was required. Representative Westrom asked Representative Rudy made a tion Cabinet would allow KIA to pro- Next Mr. Antle provided three Mr. Mullis to report the new local motion to approve the unbudgeted ceed with the loan to Mountain Wa- follow-up reports for KEDFA. The school bond issues. Mr. Mullis said project for the Department for Mili- ter District. Representative Westrom first report was for KEDFA Health there were 15 new school district tary Affairs. The motion was sec- indicated that a letter would be sent care Facilities Revenue Bonds, Series bond issues with 100 percent lo- onded by Senator Buford and passed to the Finance Secretary by the Com- 2010 (Masonic Homes of Kentucky, cal debt support for Barren County, unanimously by roll call vote. mittee indicating lack of approval of Inc. project). Projects from this bond Boone County, Boone County, Boone Next Senator Leeper called on the project. issue will be used to: 1) construct County, Boone County, Fleming Brett Antle, Deputy Director, Office Representative Westrom re- and equip a new 186,000 square County, Franklin County, Harrison of Financial Management, to report quested that KIA provide the Com- foot healthcare facility to provide County, Laurel County, Lewis Coun- school bond issues. Mr. Antle re- mittee with a copy of the audit once 136 skilled care nursing beds and ty, Nelson County, Paintsville Inde- ported 13 new bond issues with the the examination has been complet- inpatient and outpatient rehabilita- pendent in Johnson County, Rowan School Facilities Construction Com- ed. Ms. Williams responded affirma- tion, dialysis, and dementia services; County, Somerset Independent in mission (SFCC) debt service par- tively. and palliative care. The new facility Pulaski County, and Todd County. All ticipation for Allen County, Barren Next Representative Westrom will be located in Louisville; and 2) disclosure information has been filed. County, Carter County, Crittenden called on Brett Antle, Deputy Direc- refinance a $2 million line of credit No Committee action was needed. County, Ft. Thomas Independent in tor, Office of Financial Management, established to pay for improvements With there being no further Campbell County, Greenup County, to present several items. Mr. Antle to long-term care facilities located in business, Senator Leeper made a mo- Henderson County, Johnson Coun- said the first item was a new bond is- Shelby County. The bonds were pur- tion to adjourn the meeting. The mo- ty, Mercer County, Monroe County, sue for the State Property and Build- chased directly by Stock Yard Bank tion was seconded and the meeting Muhlenberg County, Owsley County, ings Commission (SPBC) Taxable and Trust. The bond issue was ap- adjourned at 3:30 p.m. and Warren County. Agency Fund Revenue Bonds, Project proved by the Committee at the No- Senator Buford made a motion No. 97 in a principle amount not to vember 2009 meeting. CAPITAL PROJECTS AND to approve the 13 SFCC bond issues. exceed $6,000,000. Proceeds from The second follow-up report BOND OVERSIGHT The motion was seconded by Rep- this bond issue will provide perma- was for KEDFA Healthcare Facilities COMMITTE resentative Rudy and passed unani- nent financing to construct a hangar Revenue and Refunding Bonds, Se- Minutes mously by roll call vote. at Bluegrass Station in Lexington for ries 2010 (Kentucky Easter Seal So- April 20, 2010 Senator Leeper called on Don the Department of Military Affairs. ciety, Inc. project). A portion of the The Capital Projects and Bond Mullis, Committee Staff Administra- This project was authorized by the proceeds from this bond issue will Oversight Committee met on Tues- tor, to discuss correspondence and 2010 General Assembly in HB 302. be used to 1) provide new money for day, April 20, 2010, at 1:00 p.m. information items. Mr. Mullis said Senator Tori made a motion to an addition to the Cardinal Hill Re- in room 169 of the Capitol Annex. members’ folders contained several approve the new bond issue for SPBC. habilitation Hospital in Lexington, Senator Bob Leeper, Chair, called the correspondence items: the quarterly The motion was seconded by Senator and 2) refund outstanding variable meeting to order, and the secretary status reports from the Finance and Leeper and approved unanimously by rate debt that has been affected by called the roll. Administration Cabinet, the univer- roll call vote. events in the financial markets. The Present were: sities that manage their own con- Mr. Antle said the second new remaining proceeds will be used to 1) Members: Senator Bob Leeper, struction projects, and the Admin- bond issue was for the Kentucky refund debt outstanding from KEDFA Co-Chair; Senators Tom Buford, Ju- istrative Office of the Courts (AOC); Economic Development Finance Au- Adjustable Rate Demand Healthcare lian M. Carroll, and Elizabeth Tori; correspondence from the Finance and thority (KEDFA) Industrial Building Facilities Revenue Bonds Series 2000 Representative Steven Rudy. Administration Cabinet regarding Revenue Notes, Series 2010 (Good- bond issue, and 2) refinance an out- Guests: John Hicks, Governor’s notice of advertisement for leased will Industries of Kentucky, Inc. standing loan from the KEDFA Vari- Office of Policy and Management; space; and a report of a plan by the Fi- project). Proceeds from this conduit able Rate Demand Revenue Bonds Sam Ruth, Facilities and Support Ser- nance and Administration Cabinet to bond issue will 1) finance the relo- 1985 Series A Pooled Loan Program. vices; Charles Bush, Division of Real use the Construction Management- cation and expansion of Goodwill’s The bond issue was approved by the Properties; Sandy Williams, Ken- at-Risk project delivery method for

22 2010 Interim LEGISLATIVE RECORD the Lexington Community College Mr. Bush said the second lease bond issue will be used to finance Senator Carroll asked about Classroom/Lab Building (Classroom/ modification was for the Depart- the acquisition, rehabilitation, and the variation in interest rates across Student Services Building for Blue- ment of Agriculture (Department) in equipping of the 150-unit Country different bond issues. Mr. Howard grass Community and Technical Col- Franklin County (PR-4861). The De- Place Apartments in Hebron, Ken- indicated that there is a wide gap lege System) on the Newtown Pike partment requested improvements to tucky. All of the units included in between credit ratings. Also, there Campus in Lexington, Kentucky. the facility housing the Office of the the project will be reserved for fami- is typically a penalty on health care Next Mr. Mullis noted that Commissioner and support staff. The lies earning 60 percent or less of the related vs. non-health care related members’ folders contained several improvements will consist of renova- area median income. The bond issue bond issues. He said the market does information items: the Semi-Annual tions to create an executive office, was approved by the Committee in price for credit risk in the current en- Report of the Kentucky Asset/Liabil- conference room, and support staff June 2009, then resubmitted in Sep- vironment. ity Commission, proposed legisla- areas. The move was necessitated by tember 2009 with an increased proj- Senator Carroll asked why tion related to the jurisdiction of the water damage to the previous office ect amount. The Committee voted health-care related bond issues Capital Projects and Bond Oversight space. The cost of the modifications, to defer action on the project until would receive a penalty. Mr. How- Committee; and the staff and bond $30,967, will be amortized over October 2009 to give KHC the op- ard responded that many have thin market updates. the remaining lease term (through portunity to respond to Committee operating margins and high over- Mr. Mullis then reported that June 30, 2011). The Department’s members’ questions about the trans- head costs. He indicated that there Western Kentucky University has monthly rental cost will increase by action participants and various poli- is a wide-variety of reasons regard- used available federal funds total- $1,146.93. No Committee Action cy issues. The issue was approved in ing strength vs. weaknesses when ing $2,355,128 to acquire an item was required. October 2009. it comes to credit. Mr. Howard also of research equipment. Purchases of Senator Leeper asked if there Mr. Antle said the fourth fol- mentioned that health-care related unbudgeted equipment must be re- was existing leased-space that is not low-up report was for Kentucky Eco- bond issues are dependent on gov- ported to the Committee; but no ac- currently being occupied. Mr. Bush nomic Development Finance Author- ernment reimbursements. tion is required. said that existing leased-space is ity (KEDFA) Hospital Revenue Bonds, Senator Carroll asked why some Next Senator Leeper called on currently being studied. Series 2010A (Owensboro Medical of the bond issues are competitive- Mr. Hicks and Sam Ruth, Commis- Senator Leeper asked Sandy Wil- Health System, Inc.). Proceeds from ly bid and some are negotiated. Mr. sioner, Facilities and Support Ser- liams, Financial Analyst, Kentucky this bond issue will: 1) provide fund- Howard indicated that typically con- vices, Finance and Administration Infrastructure Authority, to present ing for the construction of a replace- duit transactions are done on a nego- Cabinet, to report allocations from several grants. Ms. Williams indi- ment hospital in Owensboro, Ken- tiated basis where the individual en- the Major Maintenance and Reno- cated that various coal and tobacco tucky; and 2) refund Kentucky Health tity is able to select the underwriter, vation Pool. Mr. Hicks said the Fi- development grants authorized by System Variable Rate Revenue Bonds whereas local government and state nance and Administration Cabinet the General Assembly were included (Owensboro Mercy Health System, government transactions require a is reporting its approval of three in members’ folders. Each project Inc.) Auction Rate Securities, 2001 competitive bid. Some borrowers new capital projects for the Tourism, was authorized in a budget bill and Series A, 2001 Series B, and 2001 need to work with the underwriter to Arts, and Heritage Cabinet, Kentucky no further Committee action was Series C – in a principal amount of receive the best deal on the bonds, Center for the Arts: 1) Dimming needed. $168,700,000, which were issued for example if the borrower involves and Lighting System Replacement Next Senator Leeper called on on a conduit basis by the City of unique credit risks. project ($1,218,400). This project Tom Howard, Executive Director, and Owensboro. The bond issue was ap- Senator Leeper asked Mr. Mullis will replace the dimming systems Mr. Antle, Office of Financial Man- proved by the Committee at the Oc- to report the new local school bond in all three theaters, along with the agement, to present several follow- tober 2009 meeting. issues. Mr. Mullis said there were theatrical lighting fixtures; 2) Rig- up reports for previously approved The fifth follow-up report was nine new school district bond issues ging system replacement project bond issues. Mr. Antle said the first for KEDFA Industrial Building Rev- with 100 percent local debt support ($4,250,000). This project involves follow-up report was for the Ken- enue Note, Series 2010 (Goodwill for Bardstown Independent in Nel- replacing the current hydraulic rig- tucky Asset/Liability Commission Industries of Kentucky, Inc. project). son County, Bullitt County, Kentucky ging system with and electric motor Project Notes 2010 Federal Highway Proceeds from this conduit bond is- Interlocal School Transportation As- driven rigging system; and 3) Lobby Trust Fund First Series A (GARVEEs). sue will (1) finance the relocation sociation, Laurel County, Montgom- Renovation project ($1,300,000). This bond issue will provide perma- and expansion of Goodwill’s corpo- ery County, Oldham County, Pulaski This project consists of replacing the nent financing for part of the $231 rate offices, expansion of a district County, Shelby County, and Warren wall covering the main lobby’s three million authorized by the 2008 Gen- office and existing donation centers, County. All disclosure information levels and the finishes in the building eral Assembly in HB 406 for the Lou- and establishing new donation cen- has been filed. No Committee action elevators. The total estimated cost isville-Southern Indiana Ohio River ters; and (2) refund an outstanding was needed. of the projects is $6,768,400 and Bridges project. GARVEE bonds are 2003 adjustable-rate conduit bond With There being no further will be funded from the Major Main- repaid with future federal highway issue. The bonds will be secured by business, Representative Rudy made tenance Renovation Pool funded by appropriations. The bond issue was a mortgage on all of Goodwill’s real a motion to adjourn the meeting. The the 2008-10 budget. No Committee approved by the Committee at the property and will be directly pur- motion was seconded and the meet- action was required. January 2010 meeting. chased by PNC Bank. The bond issue ing adjourned at 1:20 p.m. Senator Leeper recognized The second follow-up report was was approved by the Committee at Charles Bush, Director, Division of for the Kentucky Housing Corpora- the March 2010 meeting. Real Properties, Finance and Ad- tion (KHC) Housing Revenue Bonds The sixth follow-up report was CAPITAL PROJECTS AND ministration Cabinet, to report two 2010 Series A (Non-AMT) and 2009 for KEDFA Medical Center Reve- BOND OVERSIGHT items related to leases. Mr. Bush re- Series C-1 (Non-AMT). Proceeds nue Bonds, Series 2010A (Ashland COMMITTEE ported two lease modifications. The from this bond issue will be used Hospital Corporation d/b/a King’s Minutes first lease modification was for the to make a deposit to the 2010 Se- Daughters Medical Center project). December 15, 2009 Department of Public Advocacy (De- ries A/2009 Subseries C-1 Mortgage Proceeds from this bond issue will be The Capital Projects and Bond partment) in Franklin County (PR- Purchase Account, thereby mak- used to make various improvements Oversight Committee met on Tues- 3764). The Department requested to ing funds available for single-family to the medical center in Ashland, day, December 15, 2009, at 1:00 PM, make improvements to their facility, mortgage loans. The bond issue was including adding two floors to the in Room 169 of the Capitol Annex. which included the installation of approved by the Committee at the Heart and Vascular Center, renovat- Senator Bob Leeper, Chair, called the an entry door and sidelights where October 2009 meeting. ing and expanding operating room, meeting to order, and the secretary the corridor occupied by the agency The third follow-up report was inpatient, and outpatient facilities. called the roll. meets the main public hallway to for the KHC Conduit Multifamily The bond issue was approved by the Present were: secure access to the office area. The Housing Revenue Bonds (GNMA Col- Committee at the February 2010 Members: Senator Bob Leeper, cost of the modifications, $1,922, lateralized Mortgage Loan – Country meeting. No Committee action is re- Co-Chair; Representative Susan will be amortized over the remaining Place Apartments Project) Series quired on follow-up reports for previ- Westrom, Co-Chair; Senators Tom lease term (through June 30, 2011). 2010. Proceeds from this conduit ously approved bond issues. Buford, Julian M. Carroll, and Eliza-

THE KENTUCKY GENERAL ASSEMBLY 23 beth Tori; Representatives Robert ed by the United States Department will not be able to continue without Senator Buford asked how long R. Damron, Steven Rudy, and Jim of Labor. The project will provide an the grant funds. it would take the District to make up Wayne. opportunity to better manage the re- The fourth loan request was a the replacement reserve fund. Ms. Guests: John Hicks, Governor’s covery of unemployment insurance $497,409 Fund A loan for the Ohio Williams said the KIA Board of Di- Office for Policy and Management; benefits through automation of the County Regional Wastewater Com- rectors requested that the funds be Sandy Williams, Kentucky Infra- recovery process. mission for the Southern Elementary replaced by December of 2010. structure Authority; and Brett Antle, Representative Wayne made a Extension project. The loan term is The sixth loan request was a Office of Financial Management. motion to approve the EWDC un- 20 years with an interest rate of two $625,000 Fund A loan for the Meade LRC Staff: Don Mullis, Kristi budgeted project. The motion was percent. Funding for the loan comes County Riverport Authority (Au- Culpepper, and Samantha Gange. seconded by Senator Tori and passed from the American Recovery and Re- thority) for construction of eight Representative Rudy made a unanimously by roll call vote. investment Act. inch diameter gravity sewers, two motion to approve the minutes of Senator Leeper called on Sandy The fifth loan request was a lift stations, and sanitary sewer force the November 17, 2009 meeting. Williams, Financial Analyst, Ken- $750,000 Fund A loan for the Moun- mains. The loan term is 20 years The motion was seconded by Senator tucky Infrastructure Authority (KIA), tain Water District (District) in Pike with an interest rate of three percent. Tori and approved by voice vote. to present several loans. Ms. Williams County for the Shelby Sanitary Sewer Funding for this loan comes from the Senator Leeper indicated that said that the first loan request was a Project Phase III. The loan term is 20 American Recovery and Reinvest- because some members needed to $550,000 Fund A loan for the City of years with an interest rate of one ment Act. leave early, action items would be Hardinsburg in Breckinridge County percent. Funding for the loan comes Senator Leeper asked about the taken first. He called on John Hicks, for a wastewater improvements proj- from the American Recovery and Re- Authority’s type of organization. Ms. Deputy Director, Governor’s Office ect. The loan term is 20 years with an investment Act. Williams said the Authority has to for Policy and Management, to come interest rate of one percent. Senator Leeper asked if KIA had be a governmental entity as defined to the table to present three proj- Senator Leeper asked why the already negotiated an agreement with by statute in order to be a borrower ects. engineering fees for this project the District in regards to the District of KIA funds. Mr. Hicks said the Finance and where so high. Ms. Williams said paying off the underfunded repair In response to an additional Administration Cabinet is reporting that the there are additional upfront and maintenance fund ($560,948). question from Senator Leeper, Ms. its approval of a 100 percent feder- planning costs that appear in the en- Ms. Williams said that KIA is in pro- Williams said that the Meade County ally-funded unbudgeted project for gineering fees. cess of working on the agreement. Fiscal Court guaranteed payment of the Cabinet for Health and Family The second loan request was a In response to additional ques- debt service for this project. Services (CHFS), Department for In- $975,000 Fund A loan to complement tions from Senator Leeper, Ms. Wil- Senator Buford asked where the come Support for a diesel-fueled gen- the $1 million Fund A loan approved liams said the agreement will entail Authority’s revenue comes from, erator. The project scope is $355,000 by the Committee in August 2009 a plan for the District to make up given that they do not have tenants. and the generator will support deliv- for the City of Princeton in Caldwell the underfunded repair and mainte- Ms. Williams said the Authority is ery of services for child support en- County to allow for additional reha- nance. KIA anticipates that this will currently negotiating a contract with forcement and disability determina- bilitation as a result of the inspection not be an issue in regards to the loan a stevedore and will have revenue tion. The generator will be installed conducted with American Recovery repayment. next year. at leased facilities and the cost will and Reinvestment Act funding. The Senator Leeper asked if replace- In response to a question from be amortized over the five-year term loan term is 20 years with an interest ment reserves are a standard con- Representative Westrom, Ms. Wil- of the lease. rate of one percent. dition of KIA loans. Ms. Williams liams said the county will guarantee Representative Wayne made a The third loan request was a $2 said the majority of KIA loans have the loan and the Authority will own motion to approve the unbudgeted million Fund A loan for the City of a required replacement reserve but the assets. The City of Brandenburg project for CHFS. The motion was sec- Warsaw in Gallatin County for reno- projects do not when the borrower will be responsible for the operations onded by Senator Carroll and passed vation and expansion of the Warsaw internally funds the reserves. Ms. and maintenance. unanimously by roll call vote. Wastewater Treatment Plant to in- Williams said KIA does not impose The seventh loan request was Mr. Hicks said the Finance and crease capacity to accommodate ad- additional replacement reserve re- a $1.5 million Fund A loan to the Administration Cabinet is reporting ditional wastewater flow from new quirements for those projects. Troublesome Creek Environmental its approval of a 100 percent feder- sewer line extensions. The loan term In response to a question from Authority in Knott County for con- ally-funded unbudgeted project for is 20 years with an interest rate of Representative Westrom, Ms. Wil- struction of a new 100,000 gallon- Kentucky State University (KSU) for one percent. Funding for this loan liams said that KIA requires that all per-day wastewater treatment plant. Phase 1 renovations of the Old Fed- comes from the American Recovery borrowers have financial audits as re- The loan term is 20 years with an eral Administration Building. The and Reinvestment Act. quired in the assistance agreement. interest rate of one percent. Funding project scope is $1 million and will Senator Leeper asked how much Senator Leeper asked if it was for this loan comes from the Ameri- document and rehabilitate the struc- the flat monthly rate is that the City unusual for KIA to bring a project to can Recovery and Reinvestment Act. ture and site, repair architectural el- will charge new users. Ms. Williams the Committee given negotiations Senator Buford asked if the Au- ements, and transform the structure said she would have to report the in- are still underway. Ms. Williams said thority will be allowed to use coal and site into a teaching, historical, formation back to the Committee. because this project is funded by the severance funds allocated by the architectural, and cultural resource In response to another question American Recovery and Reinvest- General Assembly. Ms. Williams re- for the university. The project is from Senator Leeper, Ms. Williams ment Act and has to meet the Febru- sponded affirmatively and said the funded by the American Recovery said that the current users’ rates will ary 17, 2010 contract deadline, KIA county would be asking the 2010 and Reinvestment Act of 2009. not change. could not wait until after the nego- General Assembly for the funds to be Senator Carroll made a motion Representative Westrom asked tiations were completed. allocated to the Authority. to approve the unbudgeted project why the Community Development In response to a question from Representative Westrom indi- for KSU. The motion was seconded Block Grant (CDBG) is unfunded. Ms. Senator Tori, Ms. Williams respond- cated that the General Assembly was by Representative Rudy and passed Williams said the City has applied for ed that geographic terrain and the faced with a 17 percent decrease in unanimously by roll call vote. the grant funds and is currently work- complexity of the project determine coal severance taxes. She asked if the Lastly, Mr. Hicks said the Finance ing with the CDBG office administra- the engineering costs of any given General Assembly would be approv- and Administration Cabinet is re- tors in order to receive approval. KIA project. ing a line-item for future coal sever- porting its approval of a 100 percent has also been in contact CDBG offi- Representative Westrom asked ance dollars. Ms. Williams said that federally-funded unbudgeted project cials and Warsaw has provided CDBG what would happen to the project Knott County will be asking for their for the Education and Workforce De- officials with all required information if the District is unable to fund their coal severance dollars to be allocated velopment Cabinet (EWDC), Office and is in the approval process. replacement reserve. Ms. Williams towards repayment of this loan. of Employment and Training for an Representative Westrom asked said the negotiation of funding the Representative Westrom asked Unemployment Insurance Benefit if there was a backup plan in place in reserve is a condition of the loan. If what would happen if the legislature Payment Control System. The project case the grant was not awarded. Ms. it cannot be negotiated, the loan will were to appropriate these funds for scope is $1.7 million, which is fund- Williams responded that the project be rescinded. other purposes. Ms. Williams said if

24 2010 Interim LEGISLATIVE RECORD there is insufficient coal severance in capitalization grants through the Senator Carroll said he had a bond issue will provide permanent funds to repay the loan, the Author- Environmental Protection Agency problem with telling the fiscal court financing for projects authorized in ity will have to raise their user fees to (EPA). There was no state match re- that they did not have to pay back HB 267 (2004-06 Budget), HB 380 pay the debt. quirement. the money and that the Committee (2006-08 Budget), HB 1 (2007 Sec- Senator Tori asked, given the Representative Damron asked should approve the loan with the re- ond Special Session – energy bonds), low median household income of the what happens if a borrower does not quirement that an agreement from HB 406 (2008-10 Budget), 2009 HB area, how users would be able to af- make payments on the debt service the Fiscal Court that the debt service 143, and 2009 Special Session HB 4. ford the high rates. Ms. Williams said of the loan and if KIA had to pay that payments will be made. The second follow-up report the rates would be extremely high. money back. Ms. Williams said KIA Representative Damron said KIA was for the University of Kentucky She said the reason why KIA select- would not have to pay the money already has the requirement that the General Receipts Bonds Taxable Build ed this project was for the area’s ex- back to the federal government. fiscal court request the coal sever- America Bonds 2009 Series B, in the treme environmental needs. Representative Damron asked if ance funds be used to pay the debt amount of $100,605,000. Proceeds Representative Wayne asked if as opposed to grants KIA was put- service on this project. from this bond issue will prove fund- the KIA Board had concerns about ting the Recovery Act funds into a Representative Damron made ing for the Expand Patient Care Facil- this project. Ms. Williams responded loan program where KIA is able to a motion to approve the Fund A ity – Hospital Phase II, as authorized affirmatively. She said KIA is relying loan money back out as the debt ser- loan for the Troublesome Creek En- by HB 4 (2009 Special Session). on Knott county’s verbal commit- vice payments for these projects are vironmental Authority. The motion The third follow-up report was ment that they would request fund- made. Ms. Williams responded affir- was seconded by Senator Buford for the Kentucky Economic Devel- ing for the project through the coal matively. She said KIA was required and passed unanimously by roll call opment Finance Authority (KEDFA) severance dollars. The Authority has by the act to give away at least 50 vote. Revenue Bonds (Catholic Health assured KIA that they will work to- percent of the funds and some sort of Ms. Williams presented the Initiatives) Series 2009 A and 2009 wards charging sufficient rates for additional subsidization. KIA chose ninth loan request for the Northern B, in the amount of $133,269,543. the project. She indicated that there to give the funds away as principal Kentucky Water District in Kenton Proceeds from this bond issue will is a development planned that will forgiveness. For example, a borrower County for an $8 million Fund F loan be used to reimburse previous capi- add additional customers. would only have to pay $500,000 for its four-phased Advanced Treat- tal expenditures to health facilities Representative Wayne com- back on a $1 million loan. ment project at the Fort Thomas Wa- projects in Mount Sterling, London, mented that he was skeptical of the ter Treatment Plant. The loan term is Lexington, Nicholasville, and Bard- financing for this project given that Senator Buford asked what the 20 years with an interest rate of two stown. No Committee action was the General Assembly has not yet al- time frame was on the Recovery Act percent. needed on the follow-up reports. located the coal severance funds. funds. Ms. Williams said the Act re- The tenth loan request was a Senator Leeper called on Don Senator Carroll said that even if quires all borrowers to have a con- $52,000 increase to a previously Mullis, Committee Staff Administra- the General Assembly allocates the struction contract date of February approved $520,000 Fund F loan for tor, to discuss correspondence and coal severance funds in the upcom- 17, 2010. the Breathitt County Water District information items. Mr. Mullis said ing budget session, they could only Senator Buford commented that in Breathitt County to extend water members’ folders contained two do so for two years and this project the General Assembly could load the service to 32 residential customers in items of correspondence; two let- requires several years. He said he was water districts up with the stimulus the western part of the county. The ters relating to the KIA Fund A loans interested in seeing an agreement be- funds instead of allocating the coal loan term is 20 years with an inter- to the Department of Parks (General tween the Knott County Fiscal Court severance or tobacco funds. Ms. Wil- est rate of one percent. Funding for Burnside, Green River, and Penny- and the Department for Local Gov- liams said the projects presented to this loan comes from the American rile); and correspondence from the ernment that they will dedicate the the Committee this month are the Recovery and Reinvestment Act. Council on Postsecondary Education coal severance funds on an annual last of the stimulus funds and no Senator Tori made a motion regarding the Research Challenge basis for full payment of the loan. He more money was available. to approve the two Fund F loan re- Trust Fund and the Comprehensive commented that right now there is Representative Rudy made a quests. The motion was seconded University Excellence Trust Fund. no legal obligation for the county to motion to approve the seven Fund by Representative Rudy and passed Mr. Mullis noted that members’ pay the debt service for this project. A loan requests with the exception unanimously by roll call vote. folders also contained several infor- He said he would like to make the ap- of Troublesome Creek Environmental Ms. Williams indicated that var- mation items: a memo from Kristi proval of the loan under the condi- Authority. The motion was seconded ious coal and tobacco development Culpepper, Committee Analyst, re- tion that there will be an agreement by Senator Carroll and passed unani- grants authorized by the General As- garding Economic Development Pro- of the coal severance funds being al- mously by roll call vote. sembly were included in members’ grams; an annual capital construc- located towards this project. Senator Leeper asked if there folders. Each project was authorized tion report from the Office of the Senator Leeper said the Com- were any further questions regarding in a budget bill and no further Com- State Budget Director; and the staff mittee would move on to the next the Troublesome Creek Environmen- mittee action was needed. and bond market updates. loan and come back to the Trouble- tal Authority project. Senator Leeper called Brett An- Mr. Mullis said there were three some Creek Environmental Authority Representative Wayne asked if tle, Deputy Director, Office of Fi- new school district bond issues with project. KIA will lose the money for the Au- nancial Management, to the table 100 percent local debt support for The eighth loan request was a thority if the Committee does not to report several items. Mr. Antle Jefferson County, KISTA, and Warren $3.8 million Fund A loan to the City approve it. Ms. Williams responded first reported two new bond issues County. All disclosure information of Madisonville in Hopkins County affirmatively. with the School Facilities Construc- has been filed. No Committee action to extend sewer service to areas that Representative Wayne asked if tion Commission (SFCC) debt service was needed. are currently using straight pipe dis- the stimulus money was going to participation for Eminence Indepen- Lastly Mr. Mullis reported that charges into abandoned mine shafts cover up the lack of funds from the dent in Henry County and Simpson the University of Louisville has used as their sewer service. The loan term Authority to payback the debt ser- County. available private and federal funds is 20 years with an interest rate of vice on the loan. Ms. Williams said Senator Carroll made a motion totaling $1,557,208 to acquire three two percent. Funding for this loan that if the community cannot repay to approve the two new SFCC bond items of medical equipment. Pur- comes from the American Recovery the loan, the Act states that at least issues. The motion was seconded by chases of unbudgeted equipment and Reinvestment Act. 50 percent of the funds must be given Representative Wayne and passed must be reported to the Committee; Representative Damron asked as additional subsidization. She said unanimously by roll call vote. but no action is required. Ms. Williams to provide an updated the 50 percent is not the ceiling and Mr. Antle reported three fol- With there being no further busi- report and overview of the stimulus KIA can forgive up to 100 percent of low-up reports for previously ap- ness, Representative Wayne made a funds KIA received. Ms. Williams said the loan. proved bond issues. The first report motion to adjourn the meeting. The that KIA received about $50 million Senator Buford commented that was for the State Property and Build- motion was seconded and the meet- for the Wastewater Revolving Loan the Committee should approve the ings Commission Revenue Bonds, ing adjourned 2:00 p.m. fund and about $21 million for the loan because the stimulus money Project No. 96, in the amount of Drinking Water Revolving Loan fund would otherwise be lost. $406,082,882. Proceeds from this

THE KENTUCKY GENERAL ASSEMBLY 25 ADMINISTRATIVE graphs to correct statutory citations; ELECTIONS: Electronic Voting Sys- (2) to amend the NECESSITY, FUNC- REGULATION REVIEW (2) to amend the NECESSITY, FUNC- tems TION, AND CONFORMITY paragraph SUBCOMMITTEE TION, AND CONFORMITY paragraph 31 KAR 2:010. Preparation of to clearly state the necessity for and Minutes of the January Meeting to clearly state the necessity for and ballots and voting systems prior to function served by this administra- of the 2010 Interim function served by this administra- election day. Katie Gabhart, general tive regulation, as required by KRS January 11, 2010 tive regulation, as required by KRS counsel, and Sarah Ball Johnson, 13A.220; and (3) to amend Section The January meeting of the Ad- 13A.220; (3) to amend Section 1 executive director, represented the 4 to comply with the drafting and ministrative Regulation Review Sub- to insert definitions applicable to board. format requirements of KRS Chapter committee was held on Monday, Jan- this administrative regulation; (4) to A motion was made and second- 13A. Without objection, and with uary 11, 2010, at 1:00 PM, in Room amend Sections 1 through 16 to: (a) ed to approve the following amend- agreement of the agency, the amend- 149 of the Capitol Annex. Senator comply with the drafting and format ments: (1) to amend the RELATES TO ments were approved. Elizabeth Tori, Chair, called the meet- requirements of KRS Chapter 13A; paragraph to add a statutory citation; 201 KAR 33:015. Application; ing to order, and the secretary called and (b) clarify provisions; and (5) to (2) to amend the NECESSITY, FUNC- approved programs. the roll. amend the Kentucky Licensure Fee TION, AND CONFORMITY paragraph A motion was made and second- Present were: Schedule to: (a) delete references to to clearly state the necessity for and ed to approve the following amend- Members: Senator Elizabeth an administrative regulation that has function served by this administra- ments: (1) to amend the RELATES Tori, Co-Chair; Representative Les- been withdrawn; and (b) clarify that tive regulation, as required by KRS TO paragraph to correct a statutory lie Combs, Co-Chair; Senators David a change in the fee schedule requires 13A.220; and (3) to amend Sections citation; (2) to amend the NECESSI- Givens, and Joey Pendleton; Repre- an amendment to this administrative 1 and 3 to comply with the draft- TY, FUNCTION, AND CONFORMITY sentatives Robert R. Damron, Danny regulation. Without objection, and ing and format requirements of KRS paragraph to clearly state the neces- Ford, and Jimmie Lee. with agreement of the agency, the Chapter 13A. Without objection, sity for and function served by this Guests: Robert King, Sarah amendments were approved. and with agreement of the agency, administrative regulation, as required Levy, Dennis Taulbee, Council on 13 KAR 1:050. Licensed out-of- the amendments were approved. by KRS 13A.220; (3) to amend Sec- Postsecondary Education; Mike state college’s eligibility for Kentucky 31 KAR 2:020. Accuracy test tions 1 and 2 to comply with the Carr, Education Professional Stan- tuition grant. and setting of voting systems prior drafting and format requirements of dards Board; Katie Gabhart, Sarah A motion was made and second- to election day. KRS Chapter 13A; and (4) to revise Bell Johnson, State Board of Elec- ed to approve the following amend- A motion was made and second- the material incorporated by refer- tions; Karen Greenwell, Noel Record, ments: (1) to amend the RELATES TO ed to approve the following amend- ence. Without objection, and with Hartsel Stovall, Board of Barbering; and STATUTORY AUTHORITY para- ments: (1) to amend the RELATES TO agreement of the agency, the amend- Nathan Goldman, Board of Nursing; graphs to correct statutory citations; paragraph to add a statutory citation; ments were approved. Michael West, Board of Dietitians (2) to amend the NECESSITY, FUNC- (2) to amend the NECESSITY, FUNC- 201 KAR 33:020. Renewals. and Nutritionists; Misty Judy, Darin TION, AND CONFORMITY paragraph TION, AND CONFORMITY paragraph A motion was made and second- Moore, Karen Waldrop; Robert Stout, to clearly state the necessity for and to clearly state the necessity for and ed to approve the following amend- Clint Quarles, Kentucky Department function served by this administra- function served by this administra- ments: (1) to amend the RELATES TO of Agriculture; Patrick Garrity, Peter tive regulation, as required by KRS tive regulation, as required by KRS paragraph to correct statutory cita- Goodman, Abby Powell, EEC: Divi- 13A.220; (3) to amend Section 1 to 13A.220; and (3) to amend Section 6 tions; (2) to amend the NECESSITY, sion of Water; Jeff Gatewood, Karen insert definitions applicable to this to comply with the drafting require- FUNCTION, AND CONFORMITY Jones, Clay Lamb, Linda Pierce, Edu- administrative regulation; and (4) to ments of KRS Chapter 13A. Without paragraph to clearly state the neces- cation and Workforce Development amend Sections 1 through 7 to: (a) objection, and with agreement of the sity for and function served by this Cabinet; Latasha Buckner, Marc Guil- comply with the drafting and format agency, the amendments were ap- administrative regulation, as required foil, Timothy West, Kentucky Horse requirements of KRS Chapter 13A; proved. by KRS 13A.220; and (3) to amend Racing Commission; Dawn Bellis, and (b) clarify provisions. Without GENERAL GOVERNMENT CABI- Section 5 to comply with the draft- Tim House, George Mann, Richard objection, and with agreement of the NET: Board of Barbering: Board ing and format requirements of KRS Moloney, Department of Housing, agency, the amendments were ap- 201 KAR 14:056. Repeal of 201 Chapter 13A. Without objection, Buildings and Construction; Chan- proved. KAR 14:055. Karen Greenwell, board and with agreement of the agency, dra Venettozzi, Karen Cooke, Shir- EDUCATION PROFESSIONAL administrator; Noel Record, chair; the amendments were approved. ley Eldridge, Phyllis Sosa, Elizabeth STANDARDS BOARD: Administra- and Hartsel Stovall, board member, 201 KAR 33:030. Continuing Caywod, Cathy Cox, Steve Veno, tive Certificates represented the board. education requirements for licensees Mary Sparrow, Linda Lingle, Cabinet 16 KAR 2:010. Kentucky teach- Board of Nursing: Board and certificate holders. for Health and Family Services; Gary ing certificates. Mike Carr, director of 201 KAR 20:163. Standards for A motion was made and second- Cox, Corey Roblee, Jim Thompson. educator certification, represented approved evaluators. Nathan Gold- ed to approve the following amend- LRC Staff: Dave Nicholas, Donna the board. man, general counsel, represented ments: (1) to amend the RELATES TO Little, Sarah Amburgey, Chad Collins, A motion was made and sec- the board. and STATUTORY AUTHORITY para- Emily Harkenrider, Karen Howard, onded to approve the following A motion was made and sec- graphs to correct statutory citations; Emily Caudill, Jennifer Beeler, and amendments: to amend Section 5 to onded to approve the following (2) to amend the NECESSITY, FUNC- Laura Napier. comply with the drafting and format amendments: to amend Sections 1, TION, AND CONFORMITY paragraph The Administrative Regulation requirements of KRS Chapter 13A. 2, and 4 to comply with the drafting to clearly state the necessity for and Review Subcommittee met on Mon- Without objection, and with agree- requirements of KRS Chapter 13A. function served by this administra- day, January 11, 2010, and submits ment of the agency, the amendments Without objection, and with agree- tive regulation, as required by KRS this report: were approved. ment of the agency, the amendments 13A.220; (3) to amend Sections 1 Administrative Regulations Re- 16 KR 2:120. Emergency certifi- were approved. through 5, 7, and 8 to comply with viewed by the Subcommittee: cation and out-of-field teaching. 201 KAR 20:230. Renewal of li- the drafting and format requirements COUNCIL ON POSTSECOND- A motion was made and second- censes. of KRS Chapter 13A; (4) to amend ARY EDUCATION: Nonpublic Col- ed to approve the following amend- Kentucky Board of Licensure and Section 1 to establish the standards leges ments: to amend Sections 1, 2, and Certification for Dieticians and Nu- the board shall use to determine au- 13 KAR 1:020. Private college li- 3 to comply with the drafting and tritionists: Board dit selection; and (5) to revise the censing. Robert King, president; Sar- format requirements of KRS Chapter 201 KAR 33:010. Fees. Michael material incorporated by reference. ah Levy, senior associate of academic 13A. Without objection, and with West, assistant attorney general, Without objection, and with agree- affairs; and Dennis Taulbee, general agreement of the agency, the amend- represented the board. ment of the agency, the amendments counsel, represented the council. ments were approved. A motion was made and second- were approved. A motion was made and second- 16 KAR 2:200. Probationary en- ed to approve the following amend- 201 KAR 33:050. Complaint ed to approve the following amend- dorsement for teachers for English as ments: (1) to amend the RELATES TO procedure. ments: (1) to amend the RELATES TO a second language. and STATUTORY AUTHORITY para- A motion was made and second- and STATUTORY AUTHORITY para- KENTUCKY STATE BOARD OF graphs to correct statutory citations; ed to approve the following amend-

26 2010 Interim LEGISLATIVE RECORD ments: (1) to amend the RELATES and Wildlife Resources understood partment of Workforce Investment: HVAC examination was $160. TO and STATUTORY AUTHORITY the need for a statutory revision. Office of Employment and Training: In response to questions by paragraphs to correct statutory cita- In response to questions by Sen- Employment Services Representative Damron, Mr. House tions; (2) to amend the NECESSITY, ator Givens, Dr. Stout stated that the 787 KAR 2:020. Confidentiality stated that at least one (1) licensed FUNCTION, AND CONFORMITY original fee for a five (5) year permit of records of the Office of Employ- journeyman HVAC mechanic was paragraph to clearly state the neces- was twenty-five (25) dollars. He fur- ment and Training. Jeff Gatewood, required to be present with an ap- sity for and function served by this ther stated that if a farmer needed to program leader; Clay Lamb, staff prentice performing HVAC work. He administrative regulation, as required dispose of an animal carcass before attorney; and Linda Pierce, branch stated that it was difficult to license by KRS 13A.220; and (3) to amend the facility was issued a permit, this manager, represented the office. apprentice HVAC mechanics, even Sections 1 through 5 to comply with disposal could take place in a timely A motion was made and second- though they were required to receive the drafting and format requirements manner by a prompt inspection from ed to approve the following amend- federal prevailing wage minimums for of KRS Chapter 13A. Without ob- the division. The division had thirty ments: (1) to amend the RELATES TO applicable contracts, because these jection, and with agreement of the (30) inspectors available across Ken- paragraph to correct statutory cita- apprentices did not usually comply agency, the amendments were ap- tucky. He stated that the division had tions; (2) to amend the NECESSITY, with division administrative regula- proved. educated farmers of these proposed FUNCTION, AND CONFORMITY tion requirements. He added that TOURISM, ARTS AND HERI- administrative regulation changes paragraph to clearly state the neces- the federal Department of Labor had TAGE CABINET: Department of Fish through university and agricultural sity for and function served by this been challenged regarding prevailing and Wildlife Resources: Game extension agency outreach. administrative regulation, as required wage requirements for apprentice 301 KAR 2:221 & E. Waterfowl Senator Givens encouraged the by KRS 13A.220; and (3) to amend HVAC mechanics and that it was seasons and limits. Misty Judy, staff department to ensure that all farm- Sections 1 and 4 to comply with the determined through that challenge attorney; Darin Moore, administra- ers were aware of these administra- drafting requirements of KRS Chapter that the requirements did not affect tive director; and Karen Waldrop, tive regulation changes. 13A. Without objection, and with HVAC licensure requirements. wildlife division director, represented A motion was made and second- agreement of the agency, the amend- A motion was made and sec- the department. ed to approve the following amend- ments were approved. onded to approve the following A motion was made and second- ments: (1) to amend the STATUTO- PUBLIC PROTECTION CABINET: amendments: (1) to amend the RE- ed to approve the following amend- RY AUTHORITY paragraph to add a Kentucky Horse Racing Commission: LATES TO; STATUTORY AUTHORITY; ments: to amend Sections 1 and 5 statutory citation; and (2) to amend Division of Licensing: Harness Rac- and NECESSITY, FUNCTION, AND to comply with the format require- Sections 1, 3, and 13 to comply with ing CONFORMITY paragraphs to correct ments of KRS Chapter 13A. Without the drafting and format requirements 811 KAR 1:020. Registration statutory citations; (2) to amend the objection, and with agreement of the of KRS Chapter 13A. Without ob- and identification of horses. Latasha NECESSITY, FUNCTION, AND CON- agency, the amendments were ap- jection, and with agreement of the Buckner, general counsel; Marc A. FORMITY paragraph to clearly state proved. agency, the amendments were ap- Guilfoil, deputy executive director; the necessity for and function served 301 KAR 2:222 & E. Water- proved. and Timothy West, assistant general by this administrative regulation, fowl hunting requirements on public 302 KAR 20:052. Animal car- counsel, represented the commis- as required by KRS 13A.220; (3) to lands. cass composting. sion. amend Section 2 to clarify that the li- A motion was made and sec- A motion was made and sec- A motion was made and sec- cense application shall be notarized; onded to approve the following onded to approve the following onded to approve the following (4) to amend Section 4 to establish amendments: (1) to amend Section 5 amendments: (1) amends Section amendments: (1) to amend Section that the examination fee shall not to provide specific days for the mo- 1 to correct citations; and (2) to 6 to specify that a microchip used exceed $160; (5) to amend Sections bility-impaired and youth-mentor amend Sections 3 and 4 to comply to identify a horse shall comply with 1, 2, 4, 5, 6, 7, and 9 to comply with waterfowl hunts; and (2) to amend with the drafting and format require- international standard ISO 11784, as the drafting and format requirements Sections 1, 4, and 5 to comply with ments of KRS Chapter 13A. Without amended in 2004; (2) to amend the of KRS Chapter 13A and for con- the drafting and format requirements objection, and with agreement of the RELATES TO; STATUTORY AUTHOR- sistency with other administrative of KRS Chapter 13A. Without ob- agency, the amendments were ap- ITY; and NECESSITY, FUNCTION, regulations within this chapter; and jection, and with agreement of the proved. AND CONFORMITY paragraphs and (6) to revise material incorporated agency, the amendments were ap- ENERGY AND ENVIRONMENT Sections 3, 4, 5, 6, 8, and 9 to: (a) by reference. Without objection, and proved. CABINET: Department for Environ- update citations; (b) incorporate re- with agreement of the agency, the GENERAL GOVERNMENT CABI- mental Protection: Division of Water: quired standards by reference; and amendments were approved. NET: Department of Agriculture: Of- Public Water Supply (c) comply with the drafting and 815 KAR 8:020. Journeyman fice of State Veterinarian: Division of 401 KAR 8:040. Laboratory cer- format requirements of KRS Chapter heating, ventilation, and air condi- Animal Health: Livestock Sanitation tification. Patrick Garrity, environ- 13A; and (3) to amend the NECESSI- tioning (HVAC) mechanic licensing 302 KAR 20:040. Entry into Ken- mental scientist, and Peter Good- TY, FUNCTION, AND CONFORMITY requirements. tucky. Clint Quarles, staff attorney, mann, assistant executive director, paragraph to clearly state the neces- A motion was made and sec- and Dr. Robert C. Stout, state veteri- represented the division. sity for and function served by this onded to approve the following narian, represented the division. Kar- A motion was made and sec- administrative regulation, as required amendments: (1) to amend the RE- en Waldrop, wildlife division director, onded to approve the following by KRS 13A.220. Without objection, LATES TO; STATUTORY AUTHORITY; Department of Fish and Wildlife Re- amendments: (1) to amend the RE- and with agreement of the agency, and NECESSITY, FUNCTION, AND sources appeared in support of this LATES TO; STATUTORY AUTHORITY; the amendments were approved. CONFORMITY paragraphs to correct administrative regulation. and NECESSITY, FUNCTION, AND Department of Housing, Build- statutory citations; (2) to amend the In response to questions by CONFORMITY paragraphs to correct ings and Construction: Division of NECESSITY, FUNCTION, AND CON- Senator Pendleton, Dr. Stout stated citations; (2) to amend the NECESSI- Heating, Ventilation and Air Con- FORMITY paragraph to clearly state that the importation of animal car- TY, FUNCTION, AND CONFORMITY ditioning: Heating, Ventilation, and the necessity for and function served casses from other states was not ad- paragraph to clearly state the neces- Air Conditioning Licensing Require- by this administrative regulation, dressed in this administrative regu- sity for and function served by this ments as required by KRS 13A.220; (3) to lation. Ms. Waldrop also stated that administrative regulation, as required 815 KAR 8:010. Master heat- amend Sections 1 through 6 and 8 to these requirements did not apply to by KRS 13A.220; and (3) to amend ing, ventilation, and air conditioning comply with the drafting and format interstate “pass throughs” of animal Sections 2, 4, and 6 to comply with (HVAC) contractor licensing require- requirements of KRS Chapter 13A carcasses. She further stated that af- the drafting and format requirements ments. Dawn Bellis, general counsel, and for consistency with other ad- fected parties had been notified of of KRS Chapter 13A. Without ob- and Tim House, acting director of the ministrative regulations within this these proposed administrative regu- jection, and with agreement of the division of HVAC, represented the chapter; and (4) to revise material lation changes. agency, the amendments were ap- division. incorporated by reference. Without In response to a question by proved. In response to a question by objection, and with agreement of the Representative Damron, Ms. Wal- EDUCATION AND WORK- Representative Ford, Mr. House stat- agency, the amendments were ap- drop stated that Department of Fish FORCE DEVELOPMENT CABINET: De- ed that the current fee for a master proved.

THE KENTUCKY GENERAL ASSEMBLY 27 815 KAR 8:050. Continuing several others proposed. ate and enforce child support agree- ates. education requirements for heating, Co-Chair Tori stated that she ments as if each agreement was from Board of Licensed Professional ventilation and air conditioning li- had visited the certified facility and the enforcing state. Counselors: Board cense holders. found it to be beneficial for the com- A motion was made and second- 201 KAR 36:060. Qualifying ex- A motion was made and second- munity. ed to approve the following amend- perience under supervision. ed to approve the following amend- A motion was made and second- ments: to amend Sections 1 through TOURISM, ARTS AND HERI- ments: (1) to amend the RELATES TO ed to approve the following amend- 3 to comply with the drafting and TAGE CABINET: Department of Fish and STATUTORY AUTHORITY para- ments: (1) to amend the RELATES TO format requirements of KRS Chapter and Wildlife Resources: Fish graphs to correct statutory citations; paragraph to correct statutory cita- 13A. Without objection, and with 301 KAR 1:016. Use of lands (2) to amend the NECESSITY, FUNC- tions; (2) to amend the NECESSITY, agreement of the agency, the amend- and waters on lakes owned or con- TION, AND CONFORMITY paragraph FUNCTION, AND CONFORMITY ments were approved. trolled by the department. to clearly state the necessity for and paragraph to clearly state the neces- K-TAP, Kentucky Works, Welfare Game function served by this administra- sity for and function served by this to Work, State Supplementation 301 KAR 2:142. Spring wild tur- tive regulation, as required by KRS administrative regulation, as required 921 KAR 2:017 & E. Kentucky key hunting. 13A.220; and (3) to amend the title by KRS 13A.220; and (3) to amend works supportive services. Hunting and Fishing and Sections 1 through 5 to comply Sections 1, 6, 8, and 9 to comply Department for Community 301 KAR 3:022. License, tag, with the drafting and format require- with the drafting and format require- Based Services: Commissioner’s Of- and permit fees. ments of KRS Chapter 13A and for ments of KRS Chapter 13A. Without fice: Child Welfare ENERGY AND ENVIRONMENT consistency with other administra- objection, and with agreement of the 922 KAR 1:320. Service ap- CABINET: Department for Environ- tive regulations within this chapter. agency, the amendments were ap- peals. mental Protection: Division of Waste Without objection, and with agree- proved. A motion was made and sec- Management: Solid Waste Facilities ment of the agency, the amendments 910 KAR 1:160. Program and onded to approve the following 401 KAR 47:090. Solid waste were approved. certification requirements for the amendments: to amend Sections 4 permit fees. 815 KAR 8:060. Requirements Adult day and Alzheimer’s respite and 8 to clarify terminology. With- Department for Natural Re- for approval of continuing education program. out objection, and with agreement sources: Division of Mine Permits: course and providers. A motion was made and second- of the agency, the amendments were Permits A motion was made and second- ed to approve the following amend- approved. 405 KAR 8:015 & E. Processing ed to approve the following amend- ments: to amend Sections 1, 6, and Division of Child Care: Day Care assessments. ments: (1) to amend the STATUTORY 13 to comply with the drafting and 922 KAR 2:020. Child care as- TRANSPORTATION CABINET: AUTHORITY and NECESSITY, FUNC- format requirements of KRS Chapter sistance program (CCAP) improper Department of Vehicle Regulation: TION, AND CONFORMITY para- 13A. Without objection, and with payments, claims, and penalties. Division of Drivers License: Driver’s graphs to correct statutory citations; agreement of the agency, the amend- 922 KAR 2:160. Child care as- License (2) to amend the NECESSITY, FUNC- ments were approved. sistance program. 601 KAR 12:060. Hardship driv- TION, AND CONFORMITY paragraph Office of Human Resource Man- The following administrative er’s license. to clearly state the necessity for and agement: Division of Employee Man- regulations were deferred to the Feb- EDUCATION AND WORK- function served by this administra- agement: Administration ruary 8, 2010, meeting of the Sub- FORCE DEVELOPMENT CABINET: De- tive regulation, as required by KRS 920 KAR 1:070. Deaf and hard committee: partment for Libraries and Archives: 13A.220; (3) to amend the RELATES of hearing services. Elizabeth Cay- FINANCE AND ADMINISTRA- Public Records Division: Archives TO paragraph and Sections 1 through wood, internal policy analyst, and TION CABINET: Department of Reve- 725 KAR 1:025. Transfer of pub- 6 to comply with the drafting and Cathy Cox, manager of the Equal Em- nue: Office of Property Valuation: Ad lic records. format requirements of KRS Chapter ployment Opportunity Branch, rep- Valorem Tax; Administration Libraries 13A and for consistency with other resented the division. 103 KAR 5:180 & E. Procedures 725 KAR 2:070. Certification re- administrative regulations within A motion was made and sec- for sale of certificates of delinquency newal of public librarians. this chapter; and (4) to revise mate- onded to approve the following by county clerks. FINANCE AND ADMINISTRA- rial incorporated by reference. With- amendment: to amend the STATU- 103 KAR 5:190 & E. State regis- TION CABINET: Office of the Secre- out objection, and with agreement TORY AUTHORITY paragraph to de- tration requirements and application tary: Procedures of the agency, the amendments were lete a statutory citation. Without process for purchasing certificates of 750 KAR 1:010 & E. Commis- approved. objection, and with agreement of delinquency; fees; and definitions for sion procedures. Plumbing the agency, the amendment was ap- related entities and related interest. PUBLIC PROTECTION CABINET: 815 KAR 20:090. Soil, waste, proved. Office of the Secretary: Purchas- Kentucky Horse Racing Commission: and vent systems. Dawn Bellis, gen- 920 KAR 1:090. Client civil ing Division of Licensing: Thoroughbreds eral counsel, and Tim House, direc- rights complaint process. 200 KAR 5:315. Suspension. 810 KAR 1:025 & E. Licensing tor, Division of Plumbing, represent- A motion was made and sec- GENERAL GOVERNMENT CABI- thoroughbred racing. ed the division. onded to approve the following NET: State Board of Examiners and 810 KAR 1:034 & E. Licensing of CABINET FOR HEALTH AND amendment: to amend the RELATES Registration of Landscape Architects: racing association. FAMILY SERVICES: Office of Health TO paragraph to add a statutory ci- Board Harness Racing Policy: E-Health tation. Without objection, and with 201 KAR 10:050. Fees. 811 KAR 1:034 & E. Licensing of 900 KAR 7:030. Data reporting agreement of the agency, the amend- Kentucky Real Estate Commis- racing associations. by health care providers. Chandra ment was approved. sion: Commission 811 KAR 1:070 & E. Licensing Venettozzi, health data administra- Department for Income Support: 201 KAR 11:190. Disciplinary standardbred racing. tor, represented the office. Child Support Enforcement: Child proceedings. Department of Housing, Build- Department for Aging and Inde- Support Board of Physical Therapy: ings and Construction: Division of pendent Living: Division of Quality 921 KAR 1:400. Establishment, Board Building Code Enforcement: Ken- Living: Aging Services review, and modification of child 201 KAR 22:053. Code of ethical tucky Building Code 910 KAR 1:150. Program and support and medical support orders. standards and standards of practice 815 KAR 7:125. Kentucky Resi- certification requirements for the pri- Elizabeth Caywood, internal policy for physical therapists and physical dential Code. Dawn Bellis, general vate pay adult day and Alzheimer’s analyst; Mary Sparrow, child support therapist assistants. counsel; Tim House, director; and respite program. Phyllis Sosa, branch supervisor; and Steve Veno, deputy Board of Podiatry: Board George Mann, deputy commissioner, manager, represented the division. commissioner, represented the de- 201 KAR 25:012 & E. Licensing represented the division. Corey Ro- In response to a question by partment. examinations. blee appeared in opposition to this Representative Lee, Ms. Sosa stated In response to a question by Board of Licensure for Marriage administrative regulation. that there was one (1) certified pri- Senator Pendleton, Mr. Veno stated and Family Therapists: Board In response to a question by vate pay adult day and Alzheimer’s that the Uniform Interstate Family 201 KAR 32:035. Supervision of Representative Ford, Ms. Bellis stated respite program and that there were Support Act forced states to cooper- marriage and family therapist associ- that she did not know if a complaint

28 2010 Interim LEGISLATIVE RECORD was filed with the Executive Branch Klusch, Board of Physical Therapy; represented the council. nue: Office of Property Valuation: Ad Ethics Commission regarding the Angela Evans, Stephanie Head, Fran- In response to questions by Valorem Tax; Administration Kentucky Electrical Advisory Com- ces Short, Board of Marriage and Representative Damron, Mr. Taulbee 103 KAR 5:190 & E. State regis- mittee and the proposed adoption of Family Therapists; Ron Brooks, Benjy stated that an armed forces, active- tration requirements and application the National Fire Prevention Associ- Kinman, Catherine York, Kentucky duty member or member’s spouse process for purchasing certificates of ation’s Fuel Gas Code 54. Department of Fish and Wildlife who qualified as a home-of-record delinquency; fees; and definitions for In response to questions by Resources; Amy Barker, James Van- Kentucky resident for tax purposes related entities and related interest. Representative Lee, Ms. Bellis stat- Nort, Department of Corrections; also qualified as a Kentucky resident Tom Crawford, staff advisor, and Greg ed that the determination of which Ann Dangelo, Godwin Onodu, Todd for purposes of online or correspon- Jennings, staff attorney, represented gas code standard to use was based Shipp, Transportation Cabinet; Kevin dence courses. the department. on the Kentucky Electrical Advisory Brown, Ronald Flora, Denise Hagan, A motion was made and sec- A motion was made and second- Committee decision as to which Mark Johnson, Kentucky Department onded to approve the following ed to approve the following amend- agency was expected to provide the of Education; Charlene Davis, Clay amendments: to amend the NECES- ments: (1) to amend the STATUTORY best guidance for emergency servic- Lamb, Terry Manuel, Beth Milburn, SITY, FUNCTION, AND CONFORMI- AUTHORITY paragraph to correct ci- es personnel. Mr. Mann stated that Wayne Onkst, Barbara Teague, Ken- TY paragraph and Sections 1 through tations; and (2) to amend the NECES- this administrative regulation did not tucky Department for Libraries and 8, 10, 12, and 14 to comply with the SITY, FUNCTION, AND CONFORMI- propose to change requirements for Archives; Tom Howard, Jeff Mosely, drafting and format requirements TY paragraph and Sections 1 through family residences. Rob Ramsey, Bob Tarvin, Finance and of KRS Chapter 13A. Without ob- 8 to comply with the drafting and Mr. Corey Roblee appeared in Administration Cabinet; Bob Elkins, jection, and with agreement of the format requirements of KRS Chapter opposition to this administrative Kristi Redmon, Labor Cabinet; Dawn agency, the amendments were ap- 13A. Without objection, and with regulation but stated that he wished Bellis, Tim House, George Mann, proved. the agreement of the agency, the to defer his comments until this ad- Richard Moloney, Melissa Smith, De- KENTUCKY STATE BOARD OF amendments were approved. ministrative regulation was next con- partment of Housing, Buildings and ELECTIONS: Board Office of Income Taxation: In- sidered by the Subcommittee. Construction; Shirley Eldridge, Tonia 31 KAR 4:020. Election costs come Tax; General Administration Co-Chair Tori asked if the divi- Wells, Mary Sparrow, Steven Veno, and county clerk reimbursement 103 KAR 15:110. Ethanol tax sion would defer consideration of Virginia Carrington, Elizabeth Cay- form. Kathryn Gabhart, general credit. Bruce Nix, policy advisor, and this administrative regulation until wood, Cabinet for Health and Family counsel, represented the board. Don Richardson, executive director, information was received from the Services; Virginia T. Hillis, Fred Ros- A motion was made and second- represented the office. Executive Branch Ethics Commis- er, Robert Fleenor, Bill Gibson, Russ ed to approve the following amend- A motion was made and second- sion. Ms. Bellis stated that the divi- Sanders, Harry Gibson, John Knight, ments: (1) to amend the NECESSITY, ed to approve the following amend- sion agreed to the deferral. Without Frank Henn Jr., Barry Edwards, Hank FUNCTION, AND CONFORMITY ments: (1) to amend the STATUTORY objection, and with agreement of the Hancock, Jack Reckner, Tom Under- paragraph to clearly state the neces- AUTHORITY paragraph to correct ci- agency, this administrative regula- wood, Corey Roblee, Lewis Abbott, sity for and function served by this tations; (2) to amend the NECESSITY, tion was deferred to the February 8, Wesley Abbott, Ralph Cornelius, Mi- administrative regulation, as required FUNCTION, AND CONFORMITY 2010 meeting. chael Doolin, Billy Slone, Bobby Mills, by KRS 13A.220; and (2) to amend paragraph to clearly state the neces- The subcommittee adjourned at Roy Cornelius, Chad Cartwright, Su- Section 1 to clarify requirements per- sity for and function served by this 2 p.m. until February 8, 2010. san Snipes, Charles Moore, Arthur El- taining to the reimbursement form. administrative regulation, as required lis, Billy Caudill, Don Blevins, Randy Without objection, and with agree- by KRS 13A.220; and (3) to amend ADMINISTRATIVE Vanhook. ment of the agency, the amendments Sections 1 through 5 to comply with REGULATION REVIEW LRC Staff: Dave Nicholas, Donna were approved. the drafting and format requirements SUBCOMMITTEE Little, Sarah Amburgey, Chad Collins, 31 KAR 4:030. Reporting forms. of KRS Chapter 13A. Without ob- Minutes of the February 2010 Emily Harkenrider, Karen Howard, A motion was made and second- jection, and with agreement of the Meeting Emily Caudill, Jennifer Beeler, and ed to approve the following amend- agency, the amendments were ap- February 8, 2010 Laura Napier. ments: (1) to amend the NECESSITY, proved. The February 2010 meeting of The Administrative Regulation FUNCTION, AND CONFORMITY 103 KAR 15:120. Cellulosic eth- the Administrative Regulation Re- Review Subcommittee met on Mon- paragraph to clearly state the neces- anol tax credit. view Subcommittee was held on day, February 8, 2010, and submits sity for and function served by this A motion was made and second- Monday, February 8, 2010, at 1:00 this report: administrative regulation, as required ed to approve the following amend- PM, in Room 149 of the Capitol An- Administrative Regulations Re- by KRS 13A.220; (2) to amend Sec- ments: (1) to amend the STATUTORY nex. Senator Elizabeth Tori, Chair, viewed by the Subcommittee: tion 1 to clarify who is required to file AUTHORITY paragraph to correct ci- called the meeting to order, and the KENTUCKY HIGHER EDUCA- the forms incorporated by reference; tations; (2) to amend the NECESSITY, secretary called the roll. TION ASSISTANCE AUTHORITY: Di- and (3) to amend Section 2 to revise FUNCTION, AND CONFORMITY Present were: vision of Student and Administrative material incorporated by reference. paragraph to clearly state the neces- Members: Senator Elizabeth Services: KHEAA Grant Programs Without objection, and with agree- sity for and function served by this Tori, Co-Chair; Representative Les- 11 KAR 8:030. Teacher scholar- ment of the agency, the amendments administrative regulation, as required lie Combs, Co-Chair; Senators David ships. Diana Barber, general counsel, were approved. by KRS 13A.220; and (3) to amend Givens, Alice Forgy Kerr, and Joey and Becky Gilpatrick, Student Aid PERSONNEL CABINET: Person- Sections 1 through 5 to comply with Pendleton; Representatives Robert Branch Manager, represented the au- nel Cabinet, Classified the drafting and format requirements R. Damron, Danny Ford, and Jimmie thority. 101 KAR 2:120. Incentive pro- of KRS Chapter 13A. Without ob- Lee. A motion was made and second- grams. Dinah Bevington, general jection, and with agreement of the Guests: Diana Barber, Becky ed to approve the following amend- counsel, represented the cabinet. agency, the amendments were ap- Gilpatrick, Kentucky Higher Educa- ments: to amend Sections 5, 6, and A motion was made and sec- proved. tion Assistance Authority; Dennis 12 to comply with the drafting and onded to approve the following 103 KAR 15:140. Biodiesel tax Taulbee, Council on Postsecondary format requirements of KRS Chapter amendments: (1) to amend Sections credit. Education; Kathryn Gabhart, State 13A. Without objection, and with 1 through 3 to comply with the A motion was made and second- Board of Elections; Dinah Bevington, agreement of the agency, the amend- drafting and format requirements of ed to approve the following amend- Personnel Cabinet; Tom Crawford, ments were approved. KRS Chapter 13A; and (2) to amend ments: (1) to amend the STATUTORY Greg Jennings, Department of Rev- COUNCIL ON POSTSECOND- Section 2 to update two (2) forms AUTHORITY paragraph to correct ci- enue; DeVon Hankins, Mark John- ARY EDUCATION: Public Educational incorporated by reference. Without tations; (2) to amend the NECESSITY, son, Gary Morris, Bruce Nix, Don Institutions objection, and with agreement of the FUNCTION, AND CONFORMITY Richardson, Department of Revenue; 13 KAR 2:045 & E. Determina- agency, the amendments were ap- paragraph to clearly state the neces- Tony Barrett, Jane Gardner, Scott tion of residency status for admis- proved. sity for and function served by this Hannah, State Board of Landscape sion and tuition assessment purpos- FINANCE AND ADMINISTRA- administrative regulation, as required Architects; Mark Brengelman, Becky es. Dennis Taulbee, general counsel, TION CABINET: Department of Reve- by KRS 13A.220; and (3) to amend

THE KENTUCKY GENERAL ASSEMBLY 29 Sections 1 through 5 to comply with trative regulation. EDUCATION CABINET: Ken- of public librarians. Clay Lamb, staff the drafting and format requirements Senator Pendleton and Sena- tucky Board of Education: Depart- attorney, and Wayne Onkst, State of KRS Chapter 13A. Without ob- tor Kerr thanked the department for ment of Education: Food Service Pro- Librarian and commissioner, repre- jection, and with agreement of the cooperating with stakeholders to de- grams sented the division. agency, the amendments were ap- velop this administrative regulation. 702 KAR 6:100. Appeal proce- In response to a question by proved. In response to a question by dures for nutrition and health ser- Representative Ford, Mr. Onkst stated Division of Individual Income Senator Pendleton, Mr. Kinman stat- vices programs. Kevin Brown, general that there were approximately 1,400 Tax: Income Tax; Withholding ed that a new boat dock develop- counsel, and Denise Hagan, director, librarians and that one (1) certificate 103 KAR 18:110. Withholding ment would begin the process with represented the department. would be eliminated, but that those methods. Bruce Nix, policy advisor, a public hearing. A motion was made and second- librarians already operating under and Don Richardson, executive direc- Ms. Hillis thanked the Depart- ed to approve the following amend- that certificate would be “grandfa- tor, represented the division. ment of Fish and Wildlife Resources ments: (1) to amend the STATUTORY thered” in. A motion was made and second- for cooperating with stakeholders to AUTHORITY paragraph and Section 4 In response to a question by ed to approve the following amend- develop this administrative regula- to correct statutory citations; and (2) Senator Givens, Mr. Onkst stated that ments: (1) to amend the STATUTORY tion. She stated that she preferred for to amend the NECESSITY, FUNCTION, the five (5) dollar fee had been estab- AUTHORITY paragraph to correct ci- future policy to require public input AND CONFORMITY paragraph and lished in 1942 and had not changed tations; (2) to amend the NECESSITY, for commercial docks. Section 4 to comply with the draft- since. He stated that the new fifteen FUNCTION, AND CONFORMITY A motion was made and second- ing and format requirements of KRS (15) dollar fee was for a scholarship paragraph to clearly state the neces- ed to approve the following amend- Chapter 13A. Without objection, fund for a librarian to work in a pub- sity for and function served by this ments: (1) to amend Sections 1, 4, and with agreement of the agency, lic library and that the fee would be administrative regulation, as required and 5 to change July 1, 2009 dates the amendments were approved. due once each five (5) years. by KRS 13A.220; and (3) to amend to the “effective date of this adminis- EDUCATION AND WORK- 725 KAR 2:070. Certification re- Sections 1 through 4 to comply with trative regulation”; (2) to amend Sec- FORCE DEVELOPMENT CABINET: De- newal of public librarians. the drafting and format requirements tion 1 to define the term “rebuild”; partment for Libraries and Archives: A motion was made and second- of KRS Chapter 13A. Without ob- (3) to amend Section 4 to prohibit Public Records Division: Archives ed to approve the following amend- jection, and with agreement of the additional community boat docks 725 KAR 1:020. Recording and ments: (1) to amend the STATUTORY agency, the amendments were ap- not approved as of January 1, 2010; reproducing public records. Clay AUTHORITY paragraph to correct ci- proved. (4) to amend Section 5(10) and (11) Lamb, staff attorney, and Wayne tations; (2) to amend the NECESSITY, GENERAL GOVERNMENT CABI- to exempt existing land owners from Onkst, State Librarian and commis- FUNCTION, AND CONFORMITY NET: Board of Physical Therapy: having to meet new access structure sioner, represented the division. paragraph to clearly state the neces- Board requirements; (5) to amend Section A motion was made and second- sity for and function served by this 201 KAR 22:053. Code of ethical 5(14) to allow non-access structures ed to approve the following amend- administrative regulation, as required standards and standards of practice to be kept if the landowner main- ments: (1) to amend the STATUTORY by KRS 13A.220; (3) to amend Sec- for physical therapists and physical tained a valid shoreline use permit; AUTHORITY paragraph to correct ci- tion 8 to reflect the new publication therapist assistants. Mark Brengel- (6) to amend Section 7(4) to delete tations; (2) to amend the NECESSITY, dates of material incorporated by man, assistant attorney general, and the waiver provisions for rebuild- FUNCTION, AND CONFORMITY reference contained in this adminis- Becky Klusch, executive director, rep- ing; (7) to amend Section 8(1)(a)2. paragraph to clearly state the neces- trative regulation; and (4) to amend resented the board. to delete “boat dock walkway” from sity for and function served by this Sections 1 through 8 to comply with A motion was made and second- the list of items that cannot be reno- administrative regulation, as required the drafting and format requirements ed to approve the following amend- vated without department approval; by KRS 13A.220; (3) to amend Sec- of KRS Chapter 13A. Without ob- ments: to amend Sections 2 and 4 to (8) to amend Section 9 to provide for tion 7 to reflect the new publication jection, and with agreement of the comply with the drafting and format an amended application; and (9) to dates of material incorporated by agency, the amendments were ap- requirements of KRS Chapter 13A. amend the NECESSITY, FUNCTION, reference contained in this adminis- proved. Without objection, and with agree- AND CONFORMITY paragraph and trative regulation; and (4) to amend FINANCE AND ADMINISTRA- ment of the agency, the amendments Sections 5 through 8 to comply with Sections 1 through 7 to comply with TION CABINET: Office of the Secre- were approved. the drafting and format requirements the drafting and format requirements tary: Procedures Board of Licensure for Marriage of KRS Chapter 13A. Without objec- of KRS Chapter 13A. Without ob- 750 KAR 1:010 & E. Commis- and Family Therapists: Board tion, and with the agreement of the jection, and with agreement of the sion procedures. Tom Howard, ex- 201 KAR 32:035. Supervision of agency, the amendments were ap- agency, the amendments were ap- ecutive director; Bob Tarvin, policy marriage and family therapist associ- proved. proved. analyst; and Jeff Moseley, general ates. Angela Evans, board counsel; Hunting and Fishing 725 KAR 1:025. Transfer of pub- counsel, represented the office. Stephanie Head, board co-chair; and 301 KAR 3:022. License, tag, lic records. A motion was made and second- Frances Short, Executive Director, Of- and permit fees. A motion was made and second- ed to approve the following amend- fice of Occupations and Professions, JUSTICE AND PUBLIC SAFETY ed to approve the following amend- ments: (1) to amend the RELATES TO represented the board. CABINET: Department of Correc- ments: (1) to amend the STATUTORY paragraph to add a citation; and (2) A motion was made and second- tions: Sex Offender Risk Assessment AUTHORITY paragraph to correct ci- to amend Sections 7, 10, and 11 to ed to approve the following amend- Advisory Board tations; (2) to amend the NECESSITY, comply with the drafting and format ments: to amend Sections 1, 2, 6, 7, 501 KAR 6:190. Approval pro- FUNCTION, AND CONFORMITY requirements of KRS Chapter 13A. and 8 to comply with the drafting cess for mental health professionals paragraph to clearly state the neces- Without objection, and with agree- and formatting requirements of KRS performing comprehensive sex of- sity for and function served by this ment of the agency, the amendments Chapter 13A. Without objection, fender presentence evaluations and administrative regulation, as required were approved. and with agreement of the agency, treatment of sex offenders. Amy by KRS 13A.220; (3) to amend Sec- LABOR CABINET: Department the amendments were approved. Barker, assistant general counsel, and tion 6 to reflect the new publication of Workplace Standards: Division TOURISM, ARTS AND HERI- Dr. James VanNort, board chair, rep- dates of material incorporated by of Occupational Safety and Health TAGE CABINET: Department of Fish resented the board. reference contained in this adminis- Compliance: Occupational Safety and Wildlife Resources: Fish A motion was made and sec- trative regulation; and (4) to amend and Health 301 KAR 1:016. Use of lands onded to approve the following Sections 1 through 6 to comply with 803 KAR 2:300. General. Bob and waters on lakes owned or con- amendments: to amend Sections 3, the drafting and format requirements Elkins, safety standards specialist, trolled by the department. Benjy 5, 7, and 8 for clarification and to of KRS Chapter 13A. Without ob- and Kristie Redmon, safety standards Kinman, deputy commissioner, and comply with the drafting and format jection, and with agreement of the specialist, represented the division. Catherine York, deputy general coun- requirements of KRS Chapter 13A. agency, the amendments were ap- A motion was made and second- sel, represented the department. Vir- Without objection, and with agree- proved. ed to approve the following amend- ginia T. Hillis, Lake Malone resident, ment of the agency, the amendments Libraries ments: (1) to amend the RELATES TO appeared in support of this adminis- were approved. 725 KAR 2:060. Certification paragraph to add a statutory citation;

30 2010 Interim LEGISLATIVE RECORD and (2) to amend Sections 1 and 2 to uty commissioner, represented the In response to a question by Co- there had not been requests for per- comply with the drafting and format department. Chair Tori, Mr. Barrett stated that the sonal information after theft of mo- requirements of KRS Chapter 13A. A motion was made and second- board agreed to defer consideration of tor fuel but that there had been com- Without objection, and with agree- ed to approve the following amend- this administrative regulation. With- mercial requests for opens records, ment of the agency, the amendments ments: (1) to amend the NECESSITY, out objection, and with agreement of into which category the motor fuel were approved. FUNCTION, AND CONFORMITY the agency, this administrative regu- theft report fell. Mr. Shipp stated 803 KAR 2:307. Hazardous ma- paragraph to clearly state the neces- lation was deferred to the March 8, that the average size of a commer- terials. sity for and function served by this 2010 meeting of the Subcommittee. cial open records request was fifty A motion was made and second- administrative regulation, as required Kentucky Real Estate Commis- two (52) to 150 pages of documents. ed to approve the following amend- by KRS 13A.220; and (2) to amend sion: Commission Mr. Godwin stated that, in the past, ments: to amend Sections 1 through Section 3 to comply with the format 201 KAR 11:190. Disciplinary the two (2) dollar processing fee had 3 to comply with the drafting and requirements of KRS Chapter 13A. proceedings. not been based on the actual costs of format requirements of KRS Chapter Without objection, and with agree- Board of Podiatry: Board processing the reports. 13A. Without objection, and with ment of the agency, the amendments 201 KAR 25:012 & E. Licensing In response to a question by agreement of the agency, the amend- were approved. examinations. Representative Ford, Mr. Shipp agreed ments were approved. Department for Community Board of Licensed Professional to consider if a ten (10) dollar fee PUBLIC PROTECTION CABINET: Based Services: Division of Fam- Counselors: Board for a report that costs, on average, Department of Housing, Buildings ily Support: K-TAP, Kentucky Works, 201 KAR 36:060. Qualifying ex- eighty-eight (88) dollars to prepare and Construction: Division of Build- Welfare to Work, State Supplemen- perience under supervision. was reasonable. ing Code Enforcement: Kentucky tation TOURISM, ARTS AND HERI- A motion was made and sec- Building Code 921 KAR 2:055. Hearings and TAGE CABINET: Department of Fish onded to approve the following 815 KAR 7:125. Kentucky Resi- appeals. Virginia Carrington, branch and Wildlife Resources: Game amendments: (1) to amend the title dential Code. Dawn Bellis, general manager, and Elizabeth Caywood, in- 301 KAR 2:142. Spring wild tur- to make technical changes for con- counsel; George Mann, deputy com- ternal policy analyst, represented the key hunting. sistency with other administrative missioner; and Richard Moloney, division. ENERGY AND ENVIRONMENT regulations; and (2) to amend the commissioner, represented the divi- A motion was made and second- CABINET: Department for Environ- STATUTORY AUTHORITY and NE- sion. ed to approve the following amend- mental Protection: Division of Waste CESSITY, FUNCTION, AND CONFOR- Division of Plumbing: Plumbing ments: (1) to amend Sections 1 and Management: Solid Waste Facilities MITY paragraphs to correct a statu- 815 KAR 20:055. Water heater 13 for clarification; (2) to amend 401 KAR 47:090. Solid waste tory citation. Without objection, and devices. Dawn Bellis, general coun- Section 15 to specify when new evi- permit fees. with agreement of the agency, the sel; Tim House, Director of the Divi- dence or exhibits may be submitted Department for Natural Re- amendments were approved. sion of Plumbing; and Richard Mo- to the appeal board; (3) to amend the sources: Division of Mine Permits: Co-Chair Tori asked if the divi- loney, commissioner, represented the NECESSITY, FUNCTION, AND CON- Permits sion would defer consideration of division. FORMITY paragraph to clearly state 405 KAR 8:015 & E. Processing this administrative regulation in or- A motion was made and second- the necessity for and function served assessments. der to consider the appropriate fee ed to approve the following amend- by this administrative regulation, as TRANSPORTATION CABINET: amount and to ensure that the stat- ments: (1) to amend the STATUTORY required by KRS 13A.220; and (4) Department of Vehicle Regulation: utory requirements were met. Mr. AUTHORITY paragraph to correct to amend Sections 3, 4, 7, and 14 to Division of Motor Vehicle Licensing: Shipp stated that the division agreed citations; and (2) to amend the NE- comply with the drafting and format Division of Motor Carriers to the deferral. Without objection, CESSITY, FUNCTION, AND CON- requirements of KRS Chapter 13A. 601 KAR 1:220. Theft of motor and with agreement of the agency, FORMITY paragraph and Section 1 Without objection, and with agree- fuel; procedures to obtain motor ve- this administrative regulation was to comply with the drafting require- ment of the agency, the amendments hicle record. Ann DAngelo, assistant deferred to the March 8, 2010 meet- ments of KRS Chapter 13A. Without were approved. general counsel; Godwin Onodu, ing. objection, and with agreement of the The following administrative assistant director; and Todd Shipp, Department of Vehicle Regu- agency, the amendments were ap- regulations were deferred to the special assistant, represented the di- lation: Division of Drivers License: proved. March 8, 2010, meeting of the Sub- vision. Driver’s License CABINET FOR HEALTH AND committee: In response to a question by Co- 601 KAR 12:060. Hardship driv- FAMILY SERVICES: Department for FINANCE AND ADMINISTRA- Chair Tori, Mr. Shipp stated that the er’s license. Aging and Independent Living: Di- TION CABINET: Office of the Secre- department had not yet received any PUBLIC PROTECTION CABINET: vision of Operations Support: Brain tary: Purchasing requests for personal information Kentucky Horse Racing Commission: Injury 200 KAR 5:314. Disclosure of following the theft of motor fuel. Ms. Division of Licensing: Thoroughbreds 910 KAR 3:030. Traumatic brain contractor’s financial records and DAngelo stated that it was difficult 810 KAR 1:025 & E. Licensing injury trust fund operations program. information to certain governmental to anticipate if requests would be thoroughbred racing. Shirley Eldridge, regulation coordina- entities. made for the personal information. 810 KAR 1:034 & E. Licensing of tor, and Tonia Wells, program direc- 200 KAR 5:315. Suspension. Mr. Shipp stated that the fee increase racing association. tor, represented the division. GENERAL GOVERNMENT CABI- was estimated based on the costs Harness Racing A motion was made and second- NET: State Board of Examiners and charged by surrounding states and 811 KAR 1:034 & E. Licensing of ed to approve the following amend- Registration of Landscape Architects: average costs to produce reports. racing associations. ments: (1) to amend the RELATES TO Board He stated that the division expected PUBLIC PROTECTION CABINET: paragraph to correct a citation; (2) to 201 KAR 10:050. Fees. Tony Bar- the cost of the fee to be subject to Department of Housing, Buildings amend Sections 14 and 15 for clarifi- rett, secretary - treasurer, and Scott restitution from the motor fuel theft and Construction: Division of Build- cation; and (3) to amend Sections 1 Hannah, President of the Kentucky offender. ing Code Enforcement: Kentucky and 7 to comply with the drafting and Society of Landscape Architects, rep- In response to questions by Building Code format requirements of KRS Chapter resented the board. Representative Ford, Mr. Shipp stated 815 KAR 7:120 & E. Kentucky 13A. Without objection, and with A motion was made and second- that the report would contain the in- Building Code. Dawn Bellis, general agreement of the agency, the amend- ed to approve the following amend- formation for the registered owner of counsel; George Mann, deputy com- ments were approved. ments: (1) to amend Section 1(3) to a vehicle based on the license num- missioner; and Richard Moloney, Department for Income Support: clarify that the original license fee ber of the vehicle allegedly involved commissioner, represented the divi- Child Support Enforcement: Child shall be paid by all licensees; and (2) in the motor fuel theft. He stated that sion. Corey Roblee, representative Support to amend Section 1(4) to reduce the the information was not expected to of the International Code Council, 921 KAR 1:380. Child support reciprocal license fee from $250 to assist in matters of previous motor and Tom Underwood, Executive Di- enforcement program application and $200. Without objection, and with fuel theft violations. rector of the Kentucky Fire Sprinkler interstate process. Mary W. Sparrow, agreement of the agency, the amend- In response to questions by Co- Contractors’ Association, appeared supervisor, and Steven P. Veno, dep- ments were approved. Chair Tori, Mr. Onodu stated that in opposition to this administrative

THE KENTUCKY GENERAL ASSEMBLY 31 regulation. administrative regulation. Without crease during a slow economy would Ford, and Jimmie Lee. Mr. Underwood stated that the objection, and with agreement of be difficult in the context of an al- Guests: Becky Gilpatrick, Me- fee increase would be a burden to the the agency, this administrative regu- ready shrinking market share. He lissa Justice, Kentucky Higher Edu- industry. He also stated that he made lation was deferred to the March 8, stated that more customers would cation Assistance Authority; Mark comments during the public com- 2010 meeting. probably have plumbing work per- Sipek, Personnel Board; DeVon Han- ment period but had not received a Division of Plumbing: Plumbing formed without having the work kins, Don Richardson, Lisa Swiger, timely copy of the division’s State- 815 KAR 20:050 & E. Installa- properly inspected because of the fee Mark Johnson, Tom Crawford, Frank ment of Consideration. He requested tion permits. Dawn Bellis, general increases that would be passed on to Dempsey, Robert Carter, Mike Gram- that the administrative regulation be counsel; George Mann, deputy com- the final customer. mer, Finance and Administration deferred to the March meeting of the missioner; Richard Moloney, com- In response to a question by Cabinet; Joyce Bonick, Scott Majors, Subcommittee so that he had time missioner; and Melissa Smith, acting Senator Givens, Mr. Henn stated that Board of Nursing; James Grawe, Vivi- to review the Statement of Consid- director of budgets, represented the the fee increases would create an un- an Rodes, Board of Podiatry; Timothy eration. division. Harry P. Gibson, owner of even playing field. Robertson, Board of Licensed Profes- In response to a question by Co- Harry P. Gibson and Company, ap- In response to a question by Mr. sional Counselors; Amy Barker, James Chair Combs, Mr. Roblee stated that peared in support of this adminis- House, staff noted that an emergen- Erwin, Scott Haas, Al Parke, Philip those who would be responsible for trative regulation. Frank Henn, Jr., cy administrative regulation stayed Parker, LaDonna Thompson, Steve enforcing the gas code were opposed plumber and President of the Ken- in effect until it expired, was with- Lynn, Department of Corrections; to the code change. tucky Association of Plumbers and drawn, or the ordinary administra- Caleb Asbridge, Miranda Denney, Ms. Bellis stated that all com- Housing Construction Contractors, tive regulation filed to replace it was Joslyn Olinger Glover, Department ments that were received during appeared in opposition to this ad- withdrawn or became effective. of Juvenile Justice; William Nold, the public comment period were in- ministrative regulation. In response to a question by Sen- Department of Insurance; Dawn Bel- cluded in the Statement of Consider- In response to questions by Co- ator Pendleton, there was a show of lis, George Mann, Richard Moloney, ation. She stated that there was not Chair Tori, Mr. House stated that the hands from plumbers in the audience Housing, Buildings and Construc- a “speed review” in place for sprin- Division of Plumbing needed a fee in- regarding the proposed fee increases. tion; Tom Underwood, Kentucky Fire kler projects. crease in order to keep the division More hands were raised in support of and Sprinkler Contractors Associa- Mr. Mann stated that the fee solvent and to maintain a reason- the fee increases than hands raised tion; Jack Reckner, Kentucky Asso- increase was reviewed and approved able permit-processing turn-around in opposition to the fee increases by ciation of Fire Chiefs; David Barron, unanimously by the Board of Hous- time. He stated that the bulk of the approximately a three (3) to one (1) Department of Public Advocacy; Rev- ing. plumbing industry supported the fee ratio, respectively. erend Patrick Delahanty, Kentucky In response to questions by increase. A motion was made and sec- Coalition Against the Death Penalty; Representative Lee, Mr. Moloney Representative Lee stated that onded to approve the following Kate Miller, American Civil Liberties stated that it was mandatory that fee increases to compensate for bud- amendments: (1) to amend the RE- Union. the division increase the staffing level get shortfalls was unacceptable. LATES TO, STATUTORY AUTHORITY, LRC Staff: Dave Nicholas, Donna in order to prevent a backlog of per- In response to a question by and NECESSITY, FUNCTION, AND Little, Sarah Amburgey, Chad Collins, mitting. He stated that, with the fee Representative Ford, Mr. House stated CONFORMITY paragraphs to correct Emily Harkenrider, Karen Howard, increase, the program was expected that, without the fee increase, twen- citations; and (2) to amend Sections Emily Caudill, Jennifer Beeler, and to break even by the end of the year ty-six (26) division employees would 1 and 2 to comply with the draft- Laura Napier. and that, without the fee increase, be laid off and the permit processing ing and format requirements of KRS The Administrative Regulation the permitting process would slow turn-around time may increase by Chapter 13A. Without objection, Review Subcommittee met on Mon- down significantly. He also stated six (6) to eight (8) weeks. Mr. House and with agreement of the agency, day, March 8, 2010, and submits this that, with the fee increase even if the stated that inspections would also the amendments were approved. report: economy improved and construction be delayed and opportunities for the In response to a request by Sen- Administrative Regulations Re- returned to stronger levels, the agen- licensing examinations would have ator Givens, Mr. Moloney stated that viewed by the Subcommittee: cy would be able to maintain the ten to be significantly truncated. the division agreed to defer consid- KENTUCKY HIGHER EDUCA- (10) to fifteen (15) day turn-around In response to a question by eration of this administrative regula- TION ASSISTANCE AUTHORITY: Di- time for processing permits. Senator Givens, Mr. House stated tion until more direction was avail- vision of Student and Administrative In response to questions by Sen- that excess funds swept into the able regarding budget expectations. Services: Kentucky Higher Education ator Givens, Mr. Underwood stated General Fund would have to be real- Without objection, and with agree- Assistance Authority that the fee increase disproportion- located through General Fund appro- ment of the agency, this administra- 11 KAR 4:080. Student aid ap- ately affected small sprinkler instal- priations in order to be transferred tive regulation was deferred to the plications. Becky Gilpatrick, Student lations. He preferred a staggered ap- within the department. Mr. Moloney March 8, 2010 meeting. Aid Branch Manager, and Melissa proach to the fees with smaller jobs stated that the Division of Plumbing The subcommittee adjourned Justice, senior associate counsel, having smaller fee increase incre- funds were not swept in 2009. Ms. the meeting at 3:10 p.m. until March represented the authority. ments. Smith stated that the 2009 budget 8, 2010. PERSONNEL BOARD: Board In response to a question by Co- bill required funds transferred within 101 KAR 1:325. Probationary Chair Combs, Mr. Mann stated that the department to be repaid to the ADMINISTRATIVE periods. Mark Sipek, executive direc- the division would consider stagger- original division at the end of the bi- REGULATION REVIEW tor, represented the board. ing the fee schedule so that smaller ennium. SUBCOMMITTEE FINANCE AND ADMINISTRA- jobs would have smaller fee increase Mr. Gibson stated that, because Minutes of the March Meeting TION CABINET: Department of Rev- increments. Mr. Moloney also agreed of better enforcement and more March 8, 2010 enue: Office of Income Taxation: to consider such an amendment. timely inspection and permit pro- The March meeting of the Ad- Forms A motion was made and sec- cessing turn-around times, he would ministrative Regulation Review Sub- 103 KAR 3:040 & E. Income Tax onded to approve the following rather pay the increased fees than committee was held on Monday, Forms Manual. Mark Johnson, staff amendments: to amend the NECES- lose services. March 8, 2010, at 12:00 PM, in Room analyst, and Don Richardson, execu- SITY, FUNCTION, AND CONFOR- In response to a question by 149 of the Capitol Annex. Senator tive director, represented the office. MITY paragraph and Sections 1 and Representative Lee, Mr. Gibson stat- Elizabeth Tori, Chair, called the meet- A motion was made and sec- 3 to comply with the drafting and ed that he would pass the added fee ing to order, and the secretary called onded to approve the following format requirements of KRS Chapter expenses on to the final customer. the roll. amendments: (1) to amend Sections 13A. Without objection, and with In response to a question by Co- Present were: 1 through 3 to comply with the agreement of the agency, the amend- Chair Tori, Mr. Gibson stated that the Members: Senator Elizabeth drafting requirements of KRS Chap- ments were approved. In response to monetary savings of not raising the Tori, Co-Chair; Representative Les- ter 13A; and (2) to amend Section 3 a request by Representative Damron, fee would not adequately provide for lie Combs, Co-Chair; Senators David to incorporate by reference a newer Mr. Moloney stated that the division the protection of the public. Givens, Alice Forgy Kerr, and Joey edition of Form 5695-K, Energy Effi- agreed to defer consideration of this Mr. Henn stated that a fee in- Pendleton; Representatives Danny ciency Products Tax Credit. Without

32 2010 Interim LEGISLATIVE RECORD objection, and with agreement of the ments: to amend Sections 1 through 505 KAR 1:160 & E. Department David M. Barron, assistant public agency, the amendments were ap- 4 to comply with the drafting and of Juvenile Justice Policies and Proce- advocate, Kentucky Department of proved. format requirements of KRS Chapter dures: treatment program for juvenile Public Advocacy; Reverend Patrick Office of Property Valuation: Ad 13A. Without objection, and with sexual offenders. Caleb Asbridge, as- Delahanty, chair, Kentucky Coalition Valorem Tax; Administration agreement of the agency, the amend- sistant director, Program Services; to Abolish the Death Penalty, and 103 KAR 5:180 & E. Procedures ments were approved. Miranda Denney, director, Commu- designated representative, Catholic for sale of certificates of delinquency Board of Podiatry: Board nity and Mental Health Services; and Conference of Kentucky; and Kate by county clerks. Tom Crawford, pol- 201 KAR 25:012 & E. Licensing Joslyn Olinger Glover, staff attorney, Miller, program associate, American icy advisor, and Frank Dempsey, staff examinations. Jim Grawe, assistant represented the department. Civil Liberties Union of Kentucky, ap- attorney, represented the office. attorney general, and Vivian Rodes, PUBLIC PROTECTION CABINET: peared in opposition to these admin- In response to questions by Rep- DPM, secretary, represented the Department of Insurance: Health and istrative regulations. resentative Ford, Mr. Crawford stated board. Life Division: Insurance Contract Co-Chair Tori stated that capi- that fee standards were established In response to a question by Co- 806 KAR 14:005. Rate and form tal punishment was provided for by by statute. Mr. Dempsey stated that Chair Tori, Dr. Rodes stated that the filing procedures for life insurances, statutes established by the General if a violation of the statute was deter- national average passing score re- life settlements providers, and life Assembly. As background, she ex- mined to have occurred, the violator quirement was seventy (70) percent settlement brokers. William J. Nold, plained that these administrative would no longer be able to register. and that the board wanted to lower director, represented the division. regulations did not establish capital A motion was made and second- its passing score requirement from A motion was made and second- punishment, but provided the proto- ed to approve the following amend- seventy-five (75) percent to seventy- ed to approve the following amend- col details of how an execution was ments: (1) to amend the RELATES one (71) percent in order to ensure ments: to amend Sections 1 and to be performed. She stated that the TO paragraph to correct a statutory an adequate opportunity for licen- 11 to comply with the drafting and decision in citation; (2) to amend the NECESSI- sure while still maintaining more format requirements of KRS Chapter the case of Bowling v. Department of TY, FUNCTION, AND CONFORMITY stringent criteria than average. 13A. Without objection, and with Corrections required the department paragraph to clearly state the neces- In response to a question by Co- agreement of the agency, the amend- to promulgate these administrative sity for and function served by this Chair Combs, Dr. Rodes stated that ments were approved. regulations. administrative regulation, as required most examination scores were at Department of Housing, Build- In response to a request by Co- by KRS 13A.220; and (3) to amend least seventy-five (75) percent. ings and Construction: Division of Chair Tori to summarize these ad- Sections 1 through 7 to comply with A motion was made and second- Building Code Enforcement: Ken- ministrative regulations, Ms. Barker the drafting and format requirements ed to approve the following amend- tucky Building Code stated that: (1) 501 KAR 16:001 of KRS Chapter 13A. Without ob- ments: (1) to amend the STATUTO- 815 KAR 7:120 & E. Kentucky established definitions; (2) 501 KAR jection, and with agreement of the RY AUTHORITY paragraph to add a Building Code. Dawn M. Bellis, gen- 16:290 established pre and post ex- agency, the amendments were ap- statutory citation; (2) to amend the eral counsel; George Mann, deputy ecution procedures; (3) 501 KAR proved. NECESSITY, FUNCTION, AND CON- commissioner; and Richard Moloney, 16:300 established requirements for Division of Miscellaneous Taxes: FORMITY paragraph to clearly state commissioner, represented the divi- witnesses and visitors; (4) 501 KAR Selective Excise Tax; Motor Fuels the necessity for and function served sion. Jack Reckner, Kentucky Associ- 16:310 established requirements for 103 KAR 43:310. Subjobber by this administrative regulation, as ation of Fire Chiefs, and Tom Under- medical and mental health monitor- issuance of refund invoices. Mike required by KRS 13A.220; and (3) to wood, executive director, Kentucky ing prior to execution; (5) 501 KAR Grammer, policy analyst, represented amend Section 1 to: (a) establish the Fire Sprinkler Contractors Associa- 16:320 established qualifications for the division. examination requirements; and (b) tion, appeared in support of this ad- execution team members; (6) 501 A motion was made and second- comply with the drafting and format ministrative regulation. KAR 16:330 established the lethal ed to approve the following amend- requirements of KRS Chapter 13A. Mr. Reckner and Mr. Underwood injection protocol; and (7) 501 KAR ments: (1) to amend the STATUTORY Without objection, and with agree- expressed thanks to the division for 16:340 established the electrocution AUTHORITY paragraph to correct ci- ment of the agency, the amendments making additional amendments to protocol. tations; (2) to amend the NECESSITY, were approved. this administrative regulation. Ms. Miller stated that these FUNCTION, AND CONFORMITY Board of Licensed Professional Amendments were approved at administrative regulations did not paragraph to clearly state the neces- Counselors: Board the February 8 meeting of the Sub- comply with the intent of the First sity for and function served by this 201 KAR 36:060. Qualifying ex- committee. Amendment to the United States administrative regulation, as required perience under supervision. Timothy A motion was made and sec- Constitution, which protected the by KRS 13A.220; (3) to amend Sec- Robertson, board chair; Jim Grawe, onded to approve the following ad- rights of the media. She stated that tion 1 to add definitions for terms assistant attorney general; and Fran- ditional amendments: (1) to amend the media should be allowed access used within this administrative regu- ces Short, executive director, Office Section 3 to revise the Automatic to all parts of an execution process. lation; and (4) to amend Sections 2 of Occupations and Professions, rep- Sprinkler Review Fee Schedule; and She cited examples of difficult or im- and 3 to comply with the drafting and resented the board. (2) to amend Section 5 to update the properly conducted executions, parts format requirements of KRS Chapter A motion was made and second- Kentucky Building Code to include of which were conducted without 13A. Without objection, and with ed to approve the following amend- the revised fee schedule. The revi- media oversight. She recommended agreement of the agency, the amend- ments: (1) to amend the RELATES sions to the fee schedule included amending the protocol to provide ments were approved. TO paragraph to add a statutory ci- reducing the proposed fee increase greater access for media personnel. GENERAL GOVERNMENT CABI- tation; (2) to amend the NECESSITY, by twenty-five (25) dollars for the In response to a question by NET: Board of Nursing: Board FUNCTION, AND CONFORMITY inspection of more than 201 sprin- Representative Ford, Ms. Miller stated 201 KAR 20:161. Investigation paragraph to clearly state the neces- kler heads and tiering inspections of that she would prefer an amendment and disposition of complaints. Joyce sity for and function served by this 200 sprinklers into three (3) groups, to the protocol that would eliminate A. Bonick, credentials manager, and administrative regulation, as required rather than one (1) group. Without the curtain used during certain parts Scott D. Majors, staff attorney, repre- by KRS 13A.220; (3) to amend Sec- objection, and with agreement of the of the execution to shield pre and sented the board. tions 1 through 5, 7, and 8 to comply agency, the amendments were ap- post execution preparations. If elimi- 201 KAR 20:370. Applications with the drafting and format require- proved. nating the curtain was not a viable for licensure and registration. ments of KRS Chapter 13A; and (4) JUSTICE AND PUBLIC SAFETY option, she requested that the cur- 201 KAR 20:411. Sexual assault to update the Supervisory Agree- CABINET: Department of Correc- tain not be closed to media. She add- nurse examiner program standards ment form incorporated by reference. tions: Capital Punishment ed that other speakers would include and credential requirements. Without objection, and with agree- 501 KAR 16:001. Definitions additional amendment recommenda- 201 KAR 20:470. Dialysis tech- ment of the agency, the amendments for 501 KAR 16:280 to 16:340. Amy tions to these administrative regu- nician credentialing requirements were approved. Barker, assistant general counsel; lations and that she also supported and training program standards. JUSTICE AND PUBLIC SAFETY Steve Lynn, assistant general counsel; the amendments the other speakers A motion was made and second- CABINET: Department of Juvenile and LaDonna Thompson, commis- would propose. ed to approve the following amend- Justice: Child Welfare sioner, represented the department. Reverend Delahanty requested

THE KENTUCKY GENERAL ASSEMBLY 33 that the Subcommittee find these received during the public comment to execution were not incorporated not have authority to require agen- administrative regulations deficient period. He stated that the comments by reference in these administrative cies other than the department to because the protocols did not reflect not responded to by the department regulations. Also the department provide a conscience clause so that the statutorily declared intent of the pertained to: maintaining life if a stay failed to include information required state employees in other agencies legislature, which did not place stat- of execution was granted, the recom- by the Kentucky Supreme Court, in- may opt out of participating in an utory limits on attending the execu- mendation that potassium chloride cluding: the volume and concentra- execution. She stated that the de- tion process in its entirety. He cited be removed from the chemicals ap- tion of the chemicals used for lethal partment was unable to provide tele- the execution of Mr. Harold McQueen proved for use during a lethal injec- injection, if the chemicals used for conferencing so that death-row in- in 1997 as precedence of a Kentucky tion execution, visitation on the day lethal injection would be injected mates could participate in the public execution during which the curtain of execution, and the recommenda- manually or by a machine in another hearing because the needed facilities remained open at all times. The pro- tions to ask defense counsel if a stay room connected by intravenous lines, were too small and were unavailable posed protocol reflected a change in of execution is in place or to post- and criteria to establish the time for at the time of the hearing. She stat- previous execution procedures, and pone an execution if a determination an execution. He added that execu- ed that the department had made the change placed more stringent on a motion for a stay of execution is tion time was especially important in a good faith effort to respond to all limits on access to execution pro- pending. He stated that the depart- legal matters that were governed by comments received during the public cedures than the prior process. He ment’s responses to the comments deadlines. He asked how an attorney hearing and public comment period. requested more disclosure on drugs sometimes provided explanations or court would be able to meet legal She added that visitation provisions used to paralyze a condemned per- that were not specifically provided deadlines if they were unable to de- for spiritual advisors and legal coun- son during an execution because of for in the administrative regulations; termine the execution time. sel were amended in response to concern that the use of pancuronium therefore, the department was ad- Mr. Barron made recommenda- comments made during the public bromide may prevent a person be- mitting plans to regulate beyond the tions for amendments to these ad- comment period. The department did ing executed from manifesting signs administrative regulation, which vio- ministrative regulations. First, he not have the authority to postpone of pain. He also requested that the lated KRS Chapter 13A. He further recommended removing the thirty an execution because there was a Subcommittee find these administra- added that the department failed to (30) minute limitation on end of life pending court determination regard- tive regulations deficient because the explain why amendments were not rituals and guaranteeing the option ing a motion for a stay of execution. protocols did not specifically provide made to provide access to all portions for a spiritual advisor visit with the Only the Governor of the Common- that state employees with conscien- of an execution in order to seek legal condemned person on the day of ex- wealth of Kentucky or a court had tious objections to capital punish- recourse in the event of a violation of ecution. Personal visitors should be this authority. ment would be exempted from direct the Eighth Amendment to the United allowed to bring family photographs Steve Lynn stated that the First or indirect participation in execu- States Constitution. He stated that to visits and personal visitors, includ- Amendment to the United States tions. the Subcommittee should find the ing visits from nonattorney members Constitution did not provide a right In response to questions by administrative regulations deficient of the legal team, should be allowed to an unfettered view of the execu- Senator Pendleton, Reverend Dela- because the department failed to re- to visit on the day of execution. More tion preparation. He stated that prep- hanty stated that taxpayers should spond adequately in the statement than one (1) member of the legal aration for an execution did not con- be permitted access to all activities of consideration, which resulted in a team should be allowed to visit at a stitute the execution itself. He added pertaining to execution because the violation of the Administrative Pro- time on the day of execution. Legal that attendance at an execution was taxpayers funded the actions and cedures Act. visits on the day of execution should established by Kentucky statute, not because the actions were conducted Mr. Barron stated his opinion be permitted less than three (3) hours by the United States Constitution. on behalf of and in the name of the that these administrative regulations prior to the scheduled execution and Co-Chair Tori stated that the taxpayers. did not comply with Kentucky stat- up to fifteen (15) minutes prior to the United States Supreme Court, in Senator Pendleton stated that utes. He stated that the protocols execution. A spiritual advisor should Baze v. Rees, determined that Ken- executions should be private and not allowed intravenous lines to be in- be allowed to visit the condemned tucky’s protocol was consistent with open to the public. He stated that it serted into condemned persons by person until one (1) hour prior to the Eighth Amendment to the United was not a requirement that taxpayers execution team members that may the scheduled execution. Mr. Barron States Constitution. She thanked the witness an execution and that it was include an EMT, a phlebotomist, also recommended that the adminis- Department of Corrections for their inappropriate to encourage a media or a military corpsman. Mr. Barron trative regulations should provide a work to develop the protocols. frenzy during a person’s death. stated that this provision appeared requirement that the warden release In response to questions by Rep- Mr. Barron stated that he ap- to be in conflict with an existing the time of execution an established resentative Ford, Mr. Barron stated peared on behalf of numerous Kentucky statute that prohibited an number of days prior to the execu- that he opposed the death penalty, death-row inmates he represented. EMT, a phlebotomist, or a military tion. Viewing curtains should remain but appeared at the Subcommittee He thanked the Department of Cor- corpsman from inserting an intrave- open for the full duration of the ex- meeting in order to discuss concerns rections for making amendments nous line. Additionally, administra- ecution. The volume and concen- he had regarding the protocols estab- to these administrative regulations tive regulations did not explain what tration of lethal injection chemicals lished by the administrative regula- after public comments, but he still the lethal injection chemicals did or should be clearly established in the tions. He stated that, if his suggested had three (3) areas of concern. With why they were used; therefore, the administrative regulations. Kentucky revisions were made, he would not regard to the public hearing held to public was unable to make informed lethal injection should be conducted favor the death penalty but would allow public input on these proposed public comments during the public through a barbiturate-only protocol, not oppose the promulgation of administrative regulations, he stated comment period, and the terms used which would exclude pancuronium these administrative regulations. that multiple death-row inmates had and lack of information violated KRS bromide. The protocol should specify He stated that his salary came from requested to participate in the pub- 13A.222(4)(a), which required “plain what chemicals and equipment are the Department for Public Advocacy lic hearing via videoconferencing but and unambiguous words that are required on the “crash cart” that is and that he was appearing at the were not permitted to do so by the easily understood by laymen.” located with the crash cart operator Subcommittee meeting on behalf of Department of Corrections. He stat- Mr. Barron stated that these ad- just outside the execution chamber. many death-row inmates. He stated ed that, although written comments ministrative regulations violated KRS Monitoring for consciousness that he would provide the Subcom- were accepted, many of his clients 13A.222(4)(a) by referring to “nurse during execution should be included mittee members with the budget for were illiterate, and without the op- visits and checks.” He stated that the in the protocol. Lastly, he stated that the Department for Public Advocacy tion of videoconferencing, were dis- administrative regulations did not a defense team member should be as a follow-up to the Subcommittee enfranchised from participation in differentiate between a “visit” and asked if a stay of execution is in place. meeting. the promulgation process. a “check”; therefore, the terms were Executions should be postponed if a In response to a question by Co- Mr. Barron stated that these ad- ambiguous, in violation of the statu- determination on a motion for a stay Chair Tori, Mr. Barron stated that he ministrative regulations should be tory requirement for “plain and un- of execution is pending. had recommended that the protocols found deficient by the Subcommit- ambiguous words.” Additionally, he Ms. Barker responded to Mr. provide more than the two (2) min- tee because the department failed to said that forms required to be com- Barron’s comments by stating that ute limit for the last comments of the respond to some of the comments pleted by condemned persons prior the Department of Corrections did condemned person in case an apol-

34 2010 Interim LEGISLATIVE RECORD ogy for the comfort of the victim’s cedures if the warden or designated 2010, meeting of the Subcommittee: FAMILY SERVICES: Office of Inspec- family may take longer. He stated medical professional receives infor- PERSONNEL CABINET: Person- tor General: that it was not feasible to establish mation that the condemned inmate nel Cabinet, Classified 906 KAR 1:180 & E. Operation an execution protocol for murder vic- may be insane as defined by KRS 101 KAR 2:066 & E. Certifica- and services; personal services agen- tims. Chapter 431, which would cause the tion and selection of eligibles for ap- cies. A motion was made and second- execution to be suspended; and (3) pointment. Department for Aging and Inde- ed to approve the following amend- to amend Sections 1, 2, and 3 for FINANCE AND ADMINISTRA- pendent Living: Division of Quality ments: to amend the NECESSITY, clarity and to comply with the draft- TION CABINET: Kentucky Teachers’ Living: Aging Services FUNCTION, AND CONFORMITY ing and format requirements of KRS Retirement System: General Rules 910 KAR 1:260. Kentucky Fam- paragraph and Section 1 to comply Chapter 13A. Without objection, 102 KAR 1:160. Annuity tables. ily Caregiver Program. with the drafting and format require- and with agreement of the agency, 102 KAR 1:225. General compli- Other Business: Subcommittee ments of KRS Chapter 13A. Without the amendments were approved. ance with federal tax laws. staff stated that the April meeting objection, and with agreement of the 501 KAR 16:320. Execution Department of Revenue: Division would be tentatively scheduled for agency, the amendments were ap- team qualifications. of Sales and Use Taxes: Sales and Use 10 a.m. on April 14, 2010; howev- proved. A motion was made and second- Tax; Administration and Accounting er, if the legislative calendar for the 501 KAR 16:290. Preliminary ed to approve the following amend- 103 KAR 31:310. Sourcing of 2010 Regular Session changes, the and post execution procedures con- ments: to amend Sections 1 and 2 for digital property. meeting date would be adjusted ac- demning concerning condemned per- clarity and to comply with the draft- Office of the Secretary: Purchas- cordingly. son. ing and format requirements of KRS ing The subcommittee adjourned A motion was made and sec- Chapter 13A. Without objection, 200 KAR 5:314. Disclosure of the meeting at 2:10 p.m. until April onded to approve the following and with agreement of the agency, contractor’s financial records and 14, 2010. amendments: to amend Sections 1, the amendments were approved. information to certain governmental 2, 4, and 7 to comply with the draft- 501 KAR 16:330. Lethal injec- entities. ADMINISTRATIVE ing and format requirements of KRS tion protocol. 200 KAR 5:315. Suspension. REGULATION REVIEW Chapter 13A. Without objection, A motion was made and sec- GENERAL GOVERNMENT CABI- SUBCOMMITTEE and with agreement of the agency, onded to approve the following NET: State Board of Examiners and Minutes of the April Meeting the amendments were approved. amendments: (1) to amend Section 2 Registration of Landscape Architects: of the 2010 Interim 501 KAR 16:300. Execution pro- regarding preliminary execution pro- Board April 14, 2010 cedures concerning witnesses, visi- cedures to require: (a) at least two 201 KAR 10:050. Fees. The April meeting of the Admin- tors, and demonstrators. (2) phone lines be available on the ENERGY AND ENVIRONMENT istrative Regulation Review Subcom- A motion was made and sec- day of execution for communication CABINET: Department for Environ- mittee was held on Wednesday, April onded to approve the following with the courts and counsel; (b) the mental Protection: Division of Waste 14, 2010, at 10:00 AM, in Room 149 amendments: (1) to amend Sec- warden to verify that the phones are Management: Solid Waste Facilities of the Capitol Annex. Representative tion 4 regarding visitation with a working prior to the execution; and 401 KAR 47:090. Solid waste Leslie Combs, Chair, called the meet- condemned inmate on the day of (c) a member of the IV team to de- permit fees. ing to order, and the secretary called execution to permit: (a) the minis- termine the appropriate size needle Department for Natural Re- the roll. ter of record to visit up to two (2) to be used by examining the inmate’s sources: Division of Mine Permits: Present were: hours before the execution, rather veins within the five (5) hours prior Permits Members: Senator Elizabeth than three (3) hours; (b) an attorney to the execution; (2) to amend Sec- 405 KAR 8:015 & E. Processing Tori, Co-Chair; Representative Les- of the inmate to request additional tion 6 regarding volunteer inmates assessments. lie Combs, Co-Chair; Senator Joey visits until three (3) hours before to specify stabilization procedures if JUSTICE AND PUBLIC SAFETY Pendleton; Representatives Robert the execution, rather than four (4) the inmate changes his mind; and (3) CABINET: Kentucky Law Enforce- R. Damron, Danny Ford, and Jimmie hours; and (c) one (1) attorney rep- to amend Sections 1 and 5 for clarity ment Council: Council Lee. resenting the inmate to have phone and to comply with the drafting and 503 KAR 1:140 & E. Peace offi- Guests: Kathryn Gabhart, State contact at one (1) hour prior to the format requirements of KRS Chapter cer, telecommunicator, and court se- Board of Elections; Beau Barnes, Ken- execution if the contact is needed for 13A. Without objection, and with curity officer professional standards. tucky Teachers’ Retirement System; matters concerning a stay; (2) to add agreement of the agency, the amend- TRANSPORTATION CABINET: DeVon Hankins, Jeff Mosley, Travis a new Section 7 to establish notice ments were approved. Department of Vehicle Regulation: Powell, Finance and Administration procedures if a stay of execution is 501 KAR 16:340. Electrocution Division of Motor Vehicle Licensing: Cabinet; Larry Ball, Steve Lynn, Ken- issued, including procedures for the protocol. Division of Motor Carriers tucky Law Enforcement Council; Ann warden to designate a specific phone A motion was made and sec- 601 KAR 1:220. Theft of motor Dangelo, Godwin Onodu, Todd Shipp, number to be used in providing the onded to approve the following fuel; procedures to obtain motor ve- Nancy Albright, Transportation Cab- notice; (3) to add a new Section 8 to amendments: (1) to amend Section 1 hicle record. inet; Todd Cassidy, Donald Smith, establish procedures for legal coun- regarding preliminary execution pro- Division of Drivers License: Driv- Tourism, Arts and Heritage Cabinet; sel or staff to obtain medical records cedures to: (a) require at least two er’s License Marc Guilfoil, Timothy West, Ken- of the condemned inmate; and (4) to (2) phone lines to be available on 601 KAR 12:060. Hardship driv- tucky Horse Racing Commission; amend Sections 4 and 5 for clarity the day of execution for communi- er’s license. Dawn Bellis, Tim House, Richard and to comply with the drafting and cation with the courts and counsel; PUBLIC PROTECTION CABINET: Moloney, Department of Housing, format requirements of KRS Chapter (b) require the warden to verify that Kentucky Horse Racing Commission: Buildings, and Construction; Steph- 13A. Without objection, and with the phones are working prior to the Division of Licensing: Thoroughbred anie Brammer-Barnes, Mary Reinle agreement of the agency, the amend- execution; and (c) specify the proce- Racing Begley, Shirley Eldridge, Carol Hall, ments were approved. dures for making the sodium chloride 810 KAR 1:025 & E. Licensing Marnie Mountjoy, Cabinet for Health 501 KAR 16:310. Pre-execution solution; (2) to amend Section 5 re- thoroughbred racing. and Family Services; Tony Senningre, medical actions. garding volunteer inmates to specify 810 KAR 1:034 & E. Licensing of Frank Henn Jr., Karen Hinkle, Debbie A motion was made and sec- stabilization procedures if the inmate racing association. McGrath. onded to approve the following changes his mind; and (3) to amend Harness Racing LRC Staff: Dave Nicholas, Donna amendments: (1) to amend Section 1 Sections 1, 4, and 5 for clarity and to 811 KAR 1:034 & E. Licensing of Little, Sarah Amburgey, Chad Collins, to clarify that the designated medical comply with the drafting and format racing associations. Emily Harkenrider, Karen Howard, professional shall observe and evalu- requirements of KRS Chapter 13A. Department of Housing, Build- Emily Caudill, Jennifer Beeler, and ate the condemned inmate’s medi- Without objection, and with agree- ings and Construction: Division of Laura Napier. cal condition during the week prior ment of the agency, the amendments Plumbing: Plumbing The Administrative Regula- to the execution at least twice on were approved. 815 KAR 20:050 & E. Installa- tion Review Subcommittee met on nonconsecutive days; (2) to amend The following administrative tion permits. Wednesday, April 14, 2010, and sub- Section 3 to clarify the required pro- regulations were deferred to the April CABINET FOR HEALTH AND mits this report:

THE KENTUCKY GENERAL ASSEMBLY 35 Administrative Regulations Re- onded to approve the following to provide for the motor fuel theft re- amend Section 12 to update material viewed by the Subcommittee: amendments: (1) to amend Section 1 port. Mr. Shipp stated that the agen- incorporated by reference. Without STATE BOARD OF ELECTIONS: to state that records and prequalifi- cy was also obligated pursuant to objection, and with agreement of the State-based Administrative Com- cation information confidentially dis- federal law to protect the privacy of agency, the amendments were ap- plaint Procedure closed as part of the bid process shall certain driver information, which pri- proved. 31 KAR 6:010. State-based ad- not be directly pertinent to the con- vacy protection was indirectly affect- PUBLIC PROTECTION CABINET: ministrative complaint procedure. tract and shall be exempt from disclo- ed by this administrative regulation. Kentucky Horse Racing Commission: Kathryn Gabhart, general counsel, sure as provided in KRS 61.878(1)(c); Mr. Onodu stated that there had not Division of Licensing: Harness Rac- represented the board. (2) to amend the RELATES TO para- been requests for the report, except ing A motion was made and second- graph and Section 1 to comply with for a recent request that could not be 811 KAR 1:070 & E. Licensing ed to approve the following amend- the drafting requirements of KRS processed because the motor fuel re- Standardbred racing. Marc A. Guilfoil, ments: (1) to amend the STATUTORY Chapter 13A; and (3) to amend the tailer did not have the vehicle license deputy executive director, and Timo- AUTHORITY paragraph to insert a NECESSITY, FUNCTION, AND CON- plate numbers. Mr. Shipp stated that thy West, assistant general counsel, citation; (2) to amend the RELATES FORMITY paragraph to clearly state the agency established the fee for represented the commission. TO paragraph and Sections 3, 4, 5, the necessity for and function served the report at three (3) dollars com- A motion was made and second- 9, and 11 to comply with the draft- by this administrative regulation, as mensurate with a statutory fee for a ed to approve the following amend- ing and format requirements of KRS required by KRS Chapter 13A. With- similarly sized report. He stated that, ments: (1) to amend Section 14 to Chapter 13A; and (3) to amend Sec- out objection, and with agreement if the public began requesting these delete the prohibition on firearm tion 4 to change the window of time of the agency the amendments were reports, there would be a slight in- possession by a licensee on racing as- a complainant has to correct a defi- approved. crease in cost to the agency but that sociation grounds; (2) to completely ciency in the complaint from seven JUSTICE AND PUBLIC SAFETY the agency expected to be able to ab- revise Section 9 regarding search and (7) days to seven (7) working days CABINET: Kentucky Law Enforce- sorb that cost. seizure to limit: (a) the locations sub- of receipt of notice of the deficiency. ment Council In response to a question by ject to search to those places autho- Without objection, and with agree- Council Representative Ford, Mr. Shipp stated rized by statute; (b) the items sub- ment of the agency, the amendments 503 KAR 1:140 & E. Peace offi- that, without a vehicle license plate ject to seizure to those in violation were approved. cer, telecommunicator, and court se- number, the agency would not be of a KHRC statute or administrative FINANCE AND ADMINISTRA- curity officer professional standards. able to generate the report. regulation, KRS Chapter 230 or KAR TION CABINET: Kentucky Teachers’ Larry Ball, executive director, and In response to questions by Co- Title 810 or 811; and (c) out of com- Retirement System: General Rules Steve Lynn, assistant general coun- Chair Combs, Mr. Onodu stated that petition testing to those authorized 102 KAR 1:160. Annuity tables. sel, represented the council. the division did not have statistics by administrative regulation, 811 Beau Barnes, deputy executive secre- A motion was made and sec- regarding if there had been a decrease KAR 1:240; (3) to completely revise tary, represented the system. onded to approve the following in the need for this administrative Section 4 regarding driver’s licenses A motion was made and second- amendments: (1) to amend Section 4 regulation since the authorizing for clarification and to incorporate ed to approve the following amend- to clarify the physical ability testing statute became effective. Mr. Shipp by reference, rather than repeat, the ments: (1) to amend the RELATES requirements for precertification sta- stated that the need seemed to have U.S. Trotting Association licensing TO paragraph to delete a statutory tus; and (2) to amend the RELATES significantly decreased. Mr. Onodu provisions; (4) to amend Sections 2 citation; (2) to amend the NECESSI- TO paragraph and Sections 4 through stated that the fee was related to the and 5 and the licensing application TY, FUNCTION, AND CONFORMITY 13 to comply with the drafting and cost of generating a title history. to update the licensing categories paragraph to clearly state the neces- format requirements of KRS Chapter A motion was made and second- and to delete unused licensing cat- sity for and function served by this 13A. Without objection, and with ed to approve the following amend- egories; (5) to amend Section 10 to administrative regulation, as required agreement of the agency, the amend- ments: (1) to amend Section 1(1) require employers to report to the by KRS 13A.220; and (3) to amend ments were approved. to lower the fee for the report from commission discharged licensees; (6) Section 1 to comply with the draft- TRANSPORTATION CABINET: ten (10) dollars to three (3) dollars; to amend Section 23 to: (a) incorpo- ing and format requirements of KRS Department of Vehicle Regulation: (2) to amend Section 2(1) to revise rate by reference Rule 17, Sections 1 Chapter 13A. Without objection, Division of Motor Vehicle Licensing: the form incorporated by reference; through 10, of the U.S. Trotting As- and with agreement of the agency, Division of Motor Carriers and (3) to amend Sections 1 and 2 to sociation; and (b) update the licens- the amendments were approved. 601 KAR 1:220. Theft of motor comply with the drafting and format ing application and the veterinarian 102 KAR 1:225. General compli- fuel; procedures to obtain motor ve- requirements of KRS Chapter 13A. approval form; and (7) to amend the ance with federal tax laws. hicle record. Ann D’Angelo, assistant Without objection, and with agree- STATUTORY AUTHORITY and NE- Office of the Secretary: Purchas- general counsel; Godwin Onodu, as- ment of the agency, the amendments CESSITY, FUNCTION, AND CON- ing sistant director; and Todd Shipp, were approved. FORMITY paragraphs and Sections 2 200 KAR 5:314. Disclosure of special assistant and senior counsel, Department of Highways: Divi- through 6, 9 through 14, 16 through contractor’s financial records and represented the division. sion of Maintenance: Right-of-Way 21, and 23 to comply with the draft- information to certain governmental In response to questions by 603 KAR 4:045. Cultural and ing and format requirements of KRS entities. Jeff Mosley, general counsel, Representative Lee, Mr. Shipp stated recreational supplemental guide Chapter 13A. Without objection, and Travis Powell, deputy general that a motor fuel retailer may request signs. Nancy Albright, director of and with agreement of the agency, counsel, represented the office. the motor fuel theft report even if maintenance; Ann D’Angelo, assis- the amendments were approved. In response to questions by law enforcement was not immedi- tant general counsel; and Todd Cas- Department of Housing, Build- Representative Ford, Mr. Mosley ately notified. Ms. D’Angelo and Mr. sidy, executive director, Economic ings and Construction: Division of stated that current contracts were Onodu stated that the form required Community Development, repre- Heating, Ventilation and Air Con- always bonded, but that providing verification of the retailer or associ- sented the department. ditioning: Heating, Ventilation and financial information was requested ation’s status in order to prevent an A motion was made and second- Air Conditioning Licensing Require- by contractors who worked with the unlawful request for information. Mr. ed to approve the following amend- ments Transportation Cabinet. He stated Shipp stated that the form was avail- ments: (1) to amend the RELATES 815 KAR 8:070. Installation that the requirements pertained to able online on the division’s Web TO paragraph to add a statutory ci- permits. Dawn Bellis, general coun- all contractors. site. He stated that penalties already tation; (2) to amend the NECESSITY, sel; Tim House, director and acting In response to a question by Co- existed for an unlawful request for FUNCTION, AND CONFORMITY manager, Heating Ventilation, and Chair Tori, Mr. Mosley stated that the information at both the state and paragraph to clearly state the neces- Air Conditioning; and Richard Mo- amendments were recommended by federal levels. sity for and function served by this loney, commissioner, represented the the University of Kentucky to clarify In response to questions by administrative regulation, as required department. that the Finance and Administration Senator Pendleton and Co-Chair by KRS 13A.220; (3) to amend Sec- A motion was made and sec- Cabinet did not determine if informa- Tori, Ms. D’Angelo stated that KRS tions 1, 3, 5, and 7 to comply with onded to approve the following tion was proprietary. 411.406 required the agency to pro- the drafting and format requirements amendments: (1) to amend the A motion was made and sec- mulgate an administrative regulation of KRS Chapter 13A; and (4) to STATUTORY AUTHORITY paragraph

36 2010 Interim LEGISLATIVE RECORD to correct statutory citations; (2) to the RELATES TO paragraph and CABINET FOR HEALTH AND Dr. Terry Holliday, Commissioner of amend the NECESSITY, FUNCTION, Sections 1 through 4, 6, and 16 to FAMILY SERVICES: Office of Inspec- Education, Kentucky Department of AND CONFORMITY paragraph to comply with the drafting and format tor General: Division of Healthcare: Education (KDE); Mr. Robert King, clearly state the necessity for and requirements of KRS Chapter 13A. Health Services and Facilities President, and Dr. Aaron Thompson, function served by this administra- Without objection, and with agree- 902 KAR 20:400. Limited ser- Interim Vice President for Academic tive regulation, as required by KRS ment of the agency, the amendments vices clinics. Affairs, Council on Postsecondary 13A.220; (3) to amend Sections 1, 2, were approved. The subcommittee adjourned Education (CPE), to provide a joint 4, 5, and 6 to comply with the draft- Department for Aging and Inde- the meeting at 10:55 a.m. until May presentation on the status report on ing and format requirements of KRS pendent Living: Division of Quality 11, 2010. the implementation of Senate Bill 1. Chapter 13A; and (4) to incorporate Living: Aging Services Dr. Holliday said most deadlines the permit applications by reference. 910 KAR 1:260. Kentucky Family EDUCATION ASSESSMENT have been met within the Senate Bill Without objection, and with agree- Caregiver Program. Shirley Eldridge, AND ACCOUNTABILITY 1 guidelines. However, the standards ment of the agency, the amendments internal policy analyst; Carol Hall, REVIEW SUBCOMMITTEE for math that were due in December were approved. social services specialist; and Marnie Minutes of the Meeting 2009 will be presented February 10, 815 KAR 8:080. Inspections and Mountjoy, internal policy analyst, of the 2010 Interim 2010, in coordination with the joint tests. represented the division. January 11, 2010 meeting of the CPE, the Education A motion was made and sec- A motion was made and second- The meeting of the Education Professional Standards Board (EPSB), onded to approve the following ed to approve the following amend- Assessment and Accountability Re- and the State Board of Education. He amendments: to amend Sections 1, ments: (1) to amend the STATUTORY view Subcommittee was held on noted the delay was attributed more 4, 5, and 6 to comply with the draft- AUTHORITY paragraph to include ci- Monday, January 11, 2010, at 1:30 to the common course standards ing and format requirements of KRS tations to KRS Chapter 205; (2) to PM, in Room 131 of the Capitol An- work being conducted at the nation- Chapter 13A. Without objection, amend the NECESSITY, FUNCTION, nex. Representative Kent Stevens, al level. and with agreement of the agency, AND CONFORMITY paragraph to Co-Chair, called the meeting to or- Dr. Holliday noted the four ma- the amendments were approved. clearly state the necessity for and der, and the secretary called the roll. jor components in Senate Bill 1 were 815 KAR 8:090. Fees and re- function served by this administra- Present were: the revised content standards; the funds. tive regulation, as required by KRS Members: Senator Jack West- new assessment and accountability A motion was made and second- 13A.220; (3) to amend Section 1 to wood, Co-Chair; Representative Kent system; intensive professional de- ed to approve the following amend- include additional necessary defi- Stevens, Co-Chair; Senators Vernie velopment; and college and career ments: (1) to amend the TITLE, RE- nitions; (4) to amend Section 7 to McGaha and Ken Winters; and Rep- readiness initiatives. He said the LATES TO paragraph, and Sections 1 clarify the department and district resentative Bill Farmer revision of the content standards through 3 to comply with the draft- responsibilities regarding exception Guests: John Stroube and Tan- has been a collaborative process be- ing and format requirements of KRS requests; and (5) to amend the RE- ya Bromley, Kentucky Music Edu- tween KDE, CPE, & EPSB including Chapter 13A; and (2) to amend the LATES TO paragraph and Sections 1 cation Association; Andrea Plum- K-12 teachers, administrators, Ken- NECESSITY, FUNCTION, AND CON- through 13 to comply with the draft- mer, Kentucky Youth Advocates; tucky Community and Technical Col- FORMITY paragraph to clearly state ing and format requirements of KRS Wayne Young, Kentucky Association lege System (KCTCS) and university the necessity for and function served Chapter 13A. Without objection, of School Administrators; and Jim faculty, and business and industry by this administrative regulation, as and with agreement of the agency, Thompson, Education and Workforce representatives. He said Kentucky is required by KRS 13A.220. Without the amendments were approved. Development Cabinet. the first state to provide feedback to objection, and with agreement of the The following administrative LRC Staff: Sandy Deaton, Au- the National Governor’s Association agency, the amendments were ap- regulations were deferred to the May drey Carr, Janet Stevens, Jesse Payne, and the chief state school officers, proved. 11, 2010, meeting of the Subcom- and Lisa Moore. and is poised to be the first state to Division of Plumbing: Plumbing mittee: Chairman Stevens welcomed the adopt common course standards. Dr. 815 KAR 20:050 & E. Installa- PERSONNEL CABINET: Person- new members of the National Tech- Thompson said he is very pleased tion permits. nel Cabinet, Classified nical Advisory Panel on Assessment with the participation of both private CABINET FOR HEALTH AND 101 KAR 2:066 & E. Certifica- and Accountability (NTAPAA). Each and public college faculty. FAMILY SERVICES: Office of Inspec- tion and selection of eligibles for ap- member introduced themselves and Dr. Holliday said the common tor General: Office pointment. provided members with information core standards work has revolved 906 KAR 1:180 & E. Operation FINANCE AND ADMINISTRA- about their backgrounds and areas around English, language arts, and and services; personal services agen- TION CABINET: Department of Reve- of interest in the field of assessment mathematics. He said Kentucky is cies. Mary Reinle Begley, inspector nue: Division of Sales and Use Taxes: and accountability. The new members still working on the revision to the general, represented the cabinet. Sales and Use Tax; Administration are: Dr. Ronald K. Hambleton, Uni- content standards in science, social In response to questions by and Accounting versity of Massachusetts; Dr. Daniel studies, and all the program reviews Representative Lee, Ms. Begley stat- 103 KAR 31:310. Sourcing of Koretz, Harvard Graduate School of in arts and humanities, writing, and ed that this administrative regulation digital property. Education; Dr. Robert Linn, Univer- practical living and career studies. did not affect home health services. Office of the Secretary: Purchas- sity of Colorado; Mr. Jeffrey Nell- He said all content standards will be She stated that this administrative ing haus, Massachusetts Department of revised by December 2010, and this regulation only applied to a nonmed- 200 KAR 5:315. Suspension. Elementary & Secondary Education; will satisfy the timeline as required in ical model of care. She added that the GENERAL GOVERNMENT CABI- Dr. Doris L. Redfield, Edvantia; and Senate Bill 1. “administration of medication” had a NET: State Board of Examiners and Dr. Pat Roschewski, Nebraska De- Dr. Holliday said there is an in- legal definition that included evalua- Registration of Landscape Architects: partment of Education. There were terim accountability system in place. tion of an individual; therefore, giv- Board no questions for the NTAPAA panel He discussed the implementation of ing a preprepared dose of insulin or 201 KAR 10:050. Fees. from the committee members. Rep- a balanced assessment system in- other medication did not constitute ENERGY AND ENVIRONMENT resentative Stevens said he is looking cluding formative, interim, and sum- “administration of medication” and CABINET: Department for Environ- forward to working with the panel in mative assessments. He also said was not prohibited by this adminis- mental Protection: Division of Waste the future. end-of-course assessments are being trative regulation. Management: Solid Waste Facilities Chairman Stevens asked for a developed and some high schools are A motion was made and second- 401 KAR 47:090. Solid waste motion to approve the meeting min- using them. ed to approve the following amend- permit fees. utes from the December 9, 2009, Dr. Holliday said the KDE and ments: (1) to amend the NECESSITY, TRANSPORTATION CABINET: meeting. Senator Winters made the CPE are developing a unified strategy FUNCTION, AND CONFORMITY Department of Vehicle Regulation: motion to accept the minutes and to reduce college remediation rates by paragraph to clearly state the neces- Division of Drivers License: Driver’s Representative Farmer seconded the at least 50 percent by 2014 in com- sity for and function served by this License motion. The minutes were approved parison to the 2010 rate. They also administrative regulation, as required 601 KAR 12:060. Hardship driv- by voice vote. want to increase the college comple- by KRS 13A.222; and (2) to amend er’s license. Chairman Stevens introduced tion rates of students enrolled in one

THE KENTUCKY GENERAL ASSEMBLY 37 or more remedial classes by 3 percent and professional learning teams. The for proposals to show how they are ucation Committee co-chairs in the annually from 2009 to 2014. He said focus is on changing practices at the utilizing higher education, teacher near future to determine an agreed the plan is due no later than May 15, classroom level and the primary goal organizations, and school board or- upon approach. Dr. Thompson said 2010. Mr. King said some technical is for the content and examples of ganization. He said a center could the conversation also needs to de- language needs to be changed in the work from these networks to be used be located on the site of a regional termine when the counting starts statute but he said CPE is poised to to populate the continuous instruc- cooperative if it was very strong in because the way it is currently stat- address issues of significantly improv- tional improvement software tool. He instructional work, or it could be a ed, it is almost impossible because ing the graduation rates of students noted the software tool is one of the P-16 council. It would also require a students will not have transitioned who enroll in Kentucky colleges and core fundamentals in the Race to the regional collaboration to leverage the with any of the standards in K-12. universities that are in need of reme- Top grant application. Dr. Thompson resources that already exist and part- He said there are two parts to the diation. Dr. Thompson said there are said CPE wants the universities to nership with the universities. He said clarification of the statute: one is the workgroups gathering together from develop a partnership with K-12 that KDE would dedicate existing KDE percentage; and the other is when colleges across the state, along with would build a mass capacity support staff on a regional level and there are the assessment of the accountability staff from K-12, to help meet the tar- system reciprocal in nature. some dollars in the Race to the Top measure starts. get percentage that is determined for Dr. Holliday updated the com- application dedicated to ensuring Senator Winters discussed the improving the graduation rates. Dr. mittee on key timeline dates for there are enough KDE staff to address timeline of the legislation and said it Holliday said there are three unified Senate Bill 1 and Race to the Top the roll-out of standards, the soft- needs to be adjusted to be more re- strategies to promote college and ca- activities. He said KDE anticipates ware system, formative assessment alistic, but at the same time, he does reer readiness offered through KDE, that the following funding would be training, the statewide longitudinal not want the standards softened or CPE, and EPSB. They include accel- required to implement Senate Bill 1 data system to ensure teachers can altered. He asked Dr. Holliday about erated learning opportunities, sec- requirements relating to assessment, utilize the system appropriately, and the participation of the state chief ondary and postsecondary interven- content standards development, staff to assist with the turnaround of school officers and the members of tions, and advising and mentoring professional development and col- low-performing schools. Senator Mc- the National Governor’s Associa- programs. Dr. Thompson said many lege/career readiness with maximum Gaha clarified that the RFP was for tion completing the revision of the of the pilot studies that are in place efficiency. He said the assessment management of the centers and Dr. content standards on a national ba- are showing positive results at lev- standards and accountability costs Holliday said that was correct. Sena- sis in 2010. Dr. Holliday responded els higher than originally anticipated, for fiscal year 2011 are estimated at tor McGaha asked how many regions that there is no definitive timeline on and they want to keep moving in $5,000,000 and $6,630,800 for fis- would be identified. Dr. Holliday said social studies, but he is hoping that these directions. cal year 2012. The estimated cost for eight regions, plus Jefferson County, the group will begin the revision of Dr. Holliday said intense pro- the content standards developments, for a total of nine. He said there will the standards in science in the sum- fessional development is a crucial program review, and professional de- be two to four staff members per mer of 2010. Senator Winters said piece of Senate Bill 1. He said KDE, velopment is $1,865,400 for fiscal region depending on the size. Sena- the National Governor’s Association CPE, and EPSB provide trainings for year 2011 and $1,965,000 for fiscal tor McGaha asked if KDE staff will had promised that the revision of all key audiences in new standards, as- year 2012. He said that KDE is work- be placed in the regions if the Race the content standards in all subjects sessments, and program reviews. He ing with a consortia of states to try to the Top dollars are not awarded would be completed in 2010, and said evaluations of teachers should and obtain $350 million to cover the to Kentucky. Dr. Holliday said staff he is disappointed that the original be formative in nature to provide cost of the revision of the content would be placed in the regions re- timeline is not going to be met. He them the feedback they need to build standards in the areas of English, gardless to ensure the work is meet- said this will lose momentum toward school-level and district capacity. language arts, and mathematics. The ing the requirements authorized by creating a national standard as time- He said a comprehensive program of money will not cover the cost of re- Senate Bill 1. lines are changed and not met. professional development will be of- vising social studies and science and Senator McGaha asked Presi- Senator Winters asked about fered through professional learning the KDE will not know the status of dent King about meeting with the the development of a common as- teams with an excellent on-line in- the funding until June 2010. Dr. Hol- education committee co-chairs to sessment from the state chief school structional and professional develop- liday is expecting a cost between clarify the issues surrounding the officers and the members of the Na- ment tool. Dr. King said CPE is deeply $3 and $5 million to do the content graduation rate language in Senate tional Governor’s Association. Dr. committed to the notion that high- standards work in social studies and Bill 1. Ms. Sue Cain, College Readi- Holliday specified that the Race to quality, effective professional devel- science and the program review areas. ness and Development Coordinator, the Top dollars can only be used for opment has to be a part of this effort. Dr. King said CPE anticipates that the CPE, said that the current language formative assessment development He noted Ms. Elaine Farris, former assessment standards and account- in the statute says that related to the and cannot be used to develop sum- interim commissioner of education, ability costs for fiscal year 2011 will number of students who graduate, mative, end-of-course, or high school said that the Kentucky Education Re- be $1,550,000 and $200,000 for fiscal or who are retained and earn a de- exit exams. He said a consortia of five form Act may have been more suc- year 2012. He is estimating the pro- gree, will be three percent annually. states is competing for $350 million cessful had professional development fessional development cost of post- She said this figure is based upon a that the United States Secretary of been more intensive 20 years ago. Dr. secondary faculty being $3,130,000 percentage, and could fluctuate be- Education has set aside for competi- Holliday said the statewide profes- in fiscal year 2011 and $1,630,000 in tween 3.2 and 6.4 percent increases tive purposes and this money could sional development roll-out related fiscal year 2012. He said the college in college completion rates between be used for the development of those to Senate Bill 1 and the Race to the and career readiness costs are esti- now and 2014. Ms. Cain said after assessments. He mentioned working Top grant application will be provid- mated at $7,560,000 in fiscal year speaking with representatives on the collaboratively with Mark Tucker on ed locally working alongside educa- 2011 and $7,560,000 in fiscal year steering committee, it was commu- the possibility of developing a broad tion cooperatives, universities, P-16 2012. He said the CPE has requested nicated that this was not the intent examination that could be used as councils and other partners in col- additional funding from the steering of the legislation. She said the CPE end-of-course assessments in high laboration with districts and schools. committee and the Governor’s office will continue dialogue with legisla- school and compliments the ACT He would like the work to happen to implement Senate Bill 1. tors to determine how best to meet nicely. He said the consortia of states regionally and to involve classroom Senator McGaha thanked the the intent of the legislation. She said will come together after the process teachers in the professional devel- CPE and KDE for their collaborative the CPE is developing unified strate- of the Race to the Top application is opment within the actual context presentation. He asked Dr. Holliday gies that will lead Kentucky colleges completed, which will most likely be of developing classroom language about the remake of the regional ser- to higher completion rates and will in February or March of 2010. At that around the standards and formative vice centers and if there would be identify the matrix of measurement time, final guidelines will need to be assessments. Content networks will dedicated sites for a center. Dr. Hol- with legislators. President King said discussed and proposals submitted to be guiding district leadership teams liday said KDE would be submitting a if Kentucky colleges and universities get access to the $350 million. He is through the process of deconstruct- Request for Proposal (RFP) for dedi- met the goals as defined in the cur- anticipating a summative assessment ing standards. He noted district lead- cated sites if Race to the Top funds rent language, the General Assembly that at least 20-30 states would sign ership teams facilitate the process are received, but would require col- would be very disappointed in the on for grades three through eight in with local school leadership teams laboration in the response to the call outcome. He hopes to meet with Ed- math and language arts. It is not an-

38 2010 Interim LEGISLATIVE RECORD ticipated to get end-of-course exams ing-on-demand scores for elemen- attend training. He said there is no school leaders are not maintained that a number of states would sign tary and middle schools; 4) Schools statute or regulation setting out dis- or updated annually. Therefore, the off on unless Mark Tucker’s work is not conforming to standard grade cipline for failure of a council mem- OEA recommends that KDE shall utilized. This is the only one that Dr. configuration establishes waiver re- ber to receive training. He said data develop and maintain an up-to-date Holliday knows is working on end-of- quests; 5) Schools having more than in 2008 showed 11 board members directory, including e-mail address- course types of assessments for the one level describes how an aggre- not receiving their training, but they es, of all superintendents, school high school level. He noted the Ken- gated average of data for the school were all granted extensions due to board members, school principals, tucky Board of Education and teach- is used in NCLB reporting. He said extenuating circumstances. There and school-based decision making ers want Kentucky to move toward sections four and five remove refer- were no superintendents, board council members to facilitate better student accountability utilizing end- ences to state accountability; and 6) members, or principals who lost communication between district and of-course assessments. The federal Assistance describes a continuum of their certificates due to not complet- school leadership. government will award the grants service to provide supports for Non- ing the required training. There were Dr. White said the surveys asked for the summative assessments be- Title I and Title I schools not meet- 234 school-based decision making if appointed leaders, superintendents tween March and early June of 2010. ing NCLB goals. Assistance is based council members not receiving train- and principals, differed from board Dr. Holliday said that 30 states will on an intervention matrix. Dr. Draut ing in 2008. and council members in reported lev- have to agree on what a summative said KDE will come back and explain Dr. Chilton said districts are re- els of knowledge. Overall, 85 percent assessment tied to common course the details of the administrative reg- quired to submit training records for of school board members and school- standards will look like in order to ulation at the appropriate time. compliance purposes. The OEA is based decision making council mem- get the test ready for the 2011-2012 Chairman Stevens introduced recommending that the KDE should bers consider themselves knowl- school year. Senator Winters said he Ms. Marcia Seiler, Director, (OEA), review those records and enforce KRS edgeable about duty-related topics. will look forward to future updates. to make comments and introduce 160.345(6) by taking appropriate ac- Yet, 54 percent of school principals Chairman Stevens asked Dr. OEA staff to explain two reports. Dr. tion toward those school-based de- indicated that their school-based Ken Draut, Associate Commission- Ken Chilton, Director of Research, cision making council members who decision making council had high or er, KDE, to explain administration and Dr. Keith White, Research Ana- do not receive training. very high knowledge levels regarding regulation 703 KAR 5:060. He noted lyst, OEA, explained the OEA report Dr. White discussed the four duties and 60 percent of superinten- there was a summary of the admin- “Leadership Training for Superinten- different surveys that were devel- dents responded that their school istrative regulation and a letter from dents, Board Members, Principals, oped and administered to superin- board had high or very high duty-re- of the Office of Education Account- and School-Based Decision Making tendents, school board members, lated knowledge levels. ability (OEA) concerning the regu- Councils.” Dr. Chilton said the pre- principals, and school-based deci- Dr. White said the topics in lation in the members’ folders. He sentation overview would focus on sion making council members. The which school board members re- said the actual regulation was not in leadership duties and responsibili- surveys were designed to elicit in- ported having the least amount of members’ folders because it has not ties, training requirements, monitor- put on the perceived value of leader- knowledge were developing curricu- actually been filed with the Legisla- ing training, and survey results. ship training in preparing leaders to lum standards (73 percent indicated tive Research Commission. Dr. Draut Dr. Chilton reviewed the prereq- perform their statutory duties. The having knowledge), assessment data said the regulation is an interim reg- uisites for each education leadership survey questions were developed to analysis and interpretation (78 per- ulation and covers the 2009-2010 position. Superintendents, princi- highlight the statutory duties of each cent), and addressing achievement and 2010-2011 school years. At pals, and teachers require certifica- leadership group. gaps (78 percent). These areas are all the end of that time, KDE will write tions, board members must have a Dr. White said in all cases, sur- inter-related. He noted developing a regulation that covers all the new high school diploma or its equivalent, vey respondents reported high levels curriculum to overcome achievement assessments and accountability for and school-based decision making of satisfaction with the appropriate- gaps is dependent upon the ability the long-term model. He said the council members must have a child ness of the training. Over 70 percent to analyze and interpret student as- reason for bringing the regulation enrolled in school. He also discussed of respondents agreed or strongly sessment data. forth was to replace indices from the general duties of each position. agreed that mandated training pre- Dr. White discussed the col- Commonwealth Assessment and Dr. Chilton said the number of pared them to perform their duties. laborative participation of leaders Accountability System (CATS) that annual training hours for superinten- There was considerable overlap and and trainings. He said over 90 per- were eliminated after the passage of dents and principals is greater than agreement between superintendents cent of survey respondents indicated Senate Bill 1, enacted from the 2009 for board and council members. Su- and boards and between principals that learning from other leaders was Kentucky General Assembly. He perintendents are required to receive and councils. a key contributor to their feelings of briefly explained the six sections of 42 hours of training over a 24 month Dr. White said despite the over- preparedness and knowledge levels. the regulation. They were: 1) Student period or the equivalent of 21 hours all high levels of satisfaction report- He said leadership initiatives include assessments lists the state-required as part of an individual growth plan ed with the training, some subjects the Kentucky Cohesive Leadership assessments (Kentucky Core Content annually. Principals must complete that are critical to improving stu- System, the Education Professional Test (KCCT), Norm-Referenced Test, 21 hours of leadership training per dent achievement were considered Standards Board (EPSB) Master of and Readiness assessments) and es- year. The requirements for board and less satisfactory than others. For Arts – Teacher as Leader, and the tablishes a KCCT test window with a council members vary by the indi- example, superintendents and board Principal training redesign. The OEA six-day schedule; 2) Data collection viduals’ level of experience. Board members reported lower levels of recommends that the EPSB shall de- supports the statutory requirements members with 3 years or less of ex- agreement on their preparedness to velop a rigorous evaluation frame- for nonacademic data collection and perience must complete 12 hours develop curriculum, analyze and in- work to measure the impact of the establishes a transition process for of annual training, while members terpret assessment data, and address Principal Training Redesign prior to graduation rates that moves Ken- with 4-7 years complete 8 hours of achievement gaps. For principals and July 30, 2011. tucky to using the federally-required annual training and members with council members, the lowest levels Dr. White said school leadership cohort model. This change will in- 8 or more years of experience must of preparedness were reported for is linked to student achievement in crease attention on graduation rates complete 4 hours of annual training. selecting text books and instruction- education research. However, the re- by reporting rates for all students New school-based decision making al materials, planning professional lationship between leadership survey and for No Child Left Behind (NCLB) council members are expected to development, and determining the responses and student performance students groups. The first impact to complete 6 hours of annual training number of persons to be employed indicators in Kentucky is weak. He NCLB reporting will occur in 2010- and all members with more than 1 in each job classification. said in theory, school leaders’ re- 2011; 3) Reporting establishes new year of experience have to complete Dr. White said in the course of sponses indicating high levels of measures for NCLB reporting for other 3 hours of annual training. Failure administering the surveys, OEA staff preparedness, collaborative training, academic indicator (elementary and to complete mandated training can experienced varying degrees of dif- and higher knowledge levels would middle) and safe harbor and creates a lead to the loss of a superintendent’s ficulty communicating with some be expected to yield high student data review period for NCLB reports. or principal’s certificate. Similarly, education leaders, especially school- performance scores. An examination The other academic indicator would board members can be removed from based decision making council mem- of the relationship between the Ken- use social studies, science and writ- their leadership position for failure to bers. He said databases of these tucky Core Content Test performance

THE KENTUCKY GENERAL ASSEMBLY 39 and preparedness found no statisti- es. She said although the number of and national assessments and de- cally significant relationship between Hispanic students has been increas- EDUCATION ASSESSMENT cided that the Measures of Academic high levels of leadership capacity and ing in Kentucky, it is still a smaller AND ACCOUNTABILITY Progress™ (MAP) Tests developed Kentucky Core Content Test perfor- minority student population than REVIEW SUBCOMMITTEE by the Northwest Evaluation Asso- mance. most states. Minutes of the 4th Meeting ciation would more accurately reflect Dr. White said in conclusion Ms. Landy said given Kentucky’s of the 2009 Interim student learning. The curriculum that statutory requirements are be- small Hispanic population, few stu- December 7, 2009 committee also developed nine ob- ing met. Survey respondents credit dents have limited English proficien- The fourth meeting of the Educa- jectives each student should master training for positively impacting their cy. However, the number of students tion Assessment and Accountability during each nine week grading pe- duty-relating preparedness. He said with socioeconomic disadvantages Review Subcommittee was held on riod and assessments to be adminis- most survey respondents consider are reflected in high rates of subsi- Monday, December 7, 2009, at 1:00 tered during those periods to ensure training requirements to be appropri- dized lunches and Title I funds. Ken- PM, in Room 129 of the Capitol An- students were meeting established ate. He also said collaborative train- tucky also has a relatively high rate nex. Senator Jack Westwood, Chair, goals. Also, intervention techniques ing effects were present and there of students with disabilities. called the meeting to order, and the are immediately utilized to help each were no linkages between levels of Ms. Landy said even after adjust- secretary called the roll. student who is struggling. Mr. Gillis leader preparation and academic per- ing for geographic cost differences, Present were: said many of the teachers expressed formance. Kentucky is among the bottom 10 Members: Senator Jack West- concern that letter grades do not Senator Westwood thanked the states when ranked by revenues and wood, Co-Chair; Representative Kent adequately reflect student progress OEA staff for their hard work on the current spending per pupil; however, Stevens, Co-Chair; Senators Vernie and, with the assistance of parents, report. He asked what training teach- unlike most states, Kentucky does McGaha, and Ken Winters; Repre- teachers, counselors, and others, a ers and school-based decision mak- not include school activity funds sentatives Bill Farmer, and Mary Lou new reporting system was developed ing council members receive to pre- when reporting revenues and expen- Marzian. to show a student’s progress in mas- pare them to make the selection of ditures. She said that the teacher Guests: Mary Jo Rist, Kentucky tering standards. He said the report textbooks. Dr. Chilton said teachers salaries rank has risen. As the share Department of Education; and Clyde card represents an authentic grade and principals rely on their previous of Kentucky’s’ revenues from local Caudill, Kentucky Association of but does not reflect behavior, extra education training and experiences, sources gradually increases, the high School Administrators. credit, and attendance. Also, stu- while the parents are dependent share of revenues from state funds is Legislative Guest: Representa- dent-led parent-teacher conferences upon the training they receive for be- slipping. She noted the proportion tive Derrick Graham. are held where the students explain ing new school-based decision mak- of spending dedicated to instruction LRC Staff: Sandy Deaton, Au- their learning achievements, goals, ing council members. He said there mirrors the nation. drey Carr, Janet Stevens, Ken Warlick, challenges, and future pathway. He is no additional training required of Ms. Landy said Kentucky’s drop and Janet Oliver. said that the Miles project has been parents in the statute, but they could in rank with respect to the student- Senator Westwood asked for publicized and he has been contact- serve with other education members teacher ratio is good news because a motion to approve the minutes ed by more than 20 different states on textbook selection committees. it suggests that students have more of the October 13, 2009, meeting. to explain the program. Senator Westwood said he thinks opportunities for individual atten- Upon motion by Representative Ste- Senator Westwood said it ap- more training should be required for tion. She said high numbers of in- vens, seconded by Representative pears that the system could also the people making the selections of structional aides per student are Marzian, the minutes were approved serve as an evaluation of teachers textbooks as this is critical to a stu- likely due to high preschool enroll- by voice vote. based on total student progress and dent’s educational experience. Ms. ment and disability rates. High num- Senator Westwood welcomed an evaluation of the appropriate- Seiler said the professional develop- bers of administrators likely reflect and introduced Senator Vernie Mc- ness of the standards being used to ment section within Senate Bill 1 ad- Kentucky’s small rural schools and Gaha as the newly appointed mem- achieve desired goals. He asked if dresses the preparation of teachers districts. ber to the subcommittee. any of the faculty has objected to the for the selection of curriculum and Ms. Landy said because Ken- Senator Westwood introduced new system. Ms. Kemper said there textbooks. She said she will notify tucky’s average fourth grade National Bryant Gillis, Principal of the John W. has been no negative feedback since the KDE of his concern. Assessment of Educational Progress Miles Elementary School, Erlanger- teachers were involved in develop- Chairman Stevens asked about (NAEP) math score increased fast- Elsmere Independent School District, ing the process. She said teachers the experience levels of teachers and er than in other states, its ranking and asked him to inform the com- believe their students needed more the educational background of par- jumped from 39th in 2003 to 29th in mittee about the school’s innovative information about how to achieve ents serving on the school-based 2009. On the other hand, Kentucky’s parent reporting system and curricu- their goals and letter grades were not decision making councils. Dr. Chilton average 8th grade NAEP math score lum alignment process. Mr. Gillis in- adequately reflecting progress. She said he would analyze the data and increased at about the same rate as troduced Della Kemper, fourth grade said although it is more time con- get a report to Chairman Stevens. the national average, leaving its rank- teacher, and Gina Dansk, Kindergar- suming, the system also provides Chairman Stevens introduced ing the same. She said Kentucky’s ten teacher, who assisted with the important feedback to help teach- Ms. Brenda Landy, Research Analyst, rankings improved dramatically with presentation. A handout was provid- ers know when to re-teach or use a OEA, to present the report “Com- respect to its graduation rate and the ed to committee members relating to different method of teaching, espe- pendium of State Education Rankings percentage of students attempting the school’s curriculum, assessment, cially when several children are not 2009.” Ms. Landy said this is the third and passing Advanced Placement ex- and parent reporting activities. understanding certain concepts. Ms. annual compendium of state rankings ams. She noted as all students now Mr. Gillis said that he and his Dansk said the process also includes it is intended as a convenient refer- take the ACT, Kentucky’s participa- staff worked with a steering commit- a professional learning community ence tool regarding how Kentucky’s tion rank jumped from 13th in 2008 tee for over four years to develop a team which enables teachers to seek education indicators compare to the to a tie for 1st with Michigan and properly aligned curriculum, related out information and assistance from nation, Southern Regional Education Colorado in 2009. She said now that assessments, and a parent reporting other teachers to develop more effec- Board states, and other states that examinees include those who are not system that would accurately reflect tive teaching techniques. border Kentucky. While rankings are college-bound, Kentucky scores are student academic progress. He said Senator Westwood said the based on all states and the District lower, but this is not unexpected. She that during the six years he has been process also appears to be an evalu- of Columbia, the tables in the mem- said Kentucky’s rank with respect to principal at the school, the student ation of the Kentucky core content bers’ meeting materials focus on peer the average composite score dropped population had increased from 11% standards which are currently being states only. from 25th in 2008 to 49th in 2009. free and reduced lunch to 47%. He aligned as a result of Senate Bill 1. Ms. Landy said Kentucky’s stu- Due to the lack of a quorum, the said teacher-led grade level teams Ms. Kemper said the use of stan- dent poverty rate continues to be reports were not formally adopted. reviewed the Kentucky core content dards based assessments better re- above the national rate. Kentucky has With no further business before the standards and added national stan- flects content knowledge and the one of the highest rates of students committee, the meeting adjourned at dards to increase the rigor of the cur- parent reporting system provides enrolled in rural schools, which have 3:25 p.m. riculum. The curriculum committee more detailed information on stu- unique advantages and disadvantag- reviewed the assessments being used dent progress. Mr. Gillis said the ver-

40 2010 Interim LEGISLATIVE RECORD biage in the standards used at Miles be there because of academic needs ing. He expressed concern that any tion by Senator Winters, seconded is based on Kentucky standards and and not because of behavior or social legislative action initiated as a result by Senator McGaha, the 2010 study that students are routinely assessed issues. Senator McGaha asked what of the study should not impede a agenda was approved by voice vote. to ensure they are on track. Sena- intervention services are available for district’s ability to retain matching Ms. Seiler said the next presen- tor Westwood said he applauds the students. Mr. Gillis replied that Fam- funds for federal dollars. Ms. Seiler tation related to Part III of the math- faculty for the energy and time they ily and Resource Center personnel, said that Sabrina Olds, OEA Analyst, ematics study. She said the first two have put into the process to ensure counselors, the Title I coordinator, would be conducting the study and parts of the study were presented at student success. He asked if the speech and language therapists, and asked her to respond. Ms. Olds said a previous meeting. She asked Debo- students have been receptive to the many other personnel depending on a district’s General Fund carry for- rah Nelson, OEA Research Analyst, new reporting system to which Mr. the specific needs of each student. ward balance is comprised of funds and Brenda Landy, Research Ana- Gillis responded that the students Senator McGaha asked how class as- collected from local taxes and Sup- lyst, to present the findings to the are excited in sharing their progress signment of students is done. Mr. port Educational Excellence in Ken- subcommittee. Members received a and are also open and honest about Gillis said students are assigned tucky (SEEK) funding allocation. She draft copy of Part III of the study and where they need to improve. based on academic ability and total said the study will include a review a copy of the PowerPoint presenta- Senator Winters said it appears number of students. Ms. Dansk said of other balances that the districts tion. that the school has vertically aligned students entering kindergarten were carry but those funds are in restrict- Dr. Nelson said that Part I of the the core content and asked how the assessed to determine if intervention ed accounts. math study was a review of assess- current process may be affected by was needed and that other factors, Ms. Seiler said a study would be ment and course taking data, Part II the revision and alignment taking such as temperament and personal- conducted on assistance being pro- examined issues related to teacher place as a result of Senate Bill 1. Mr. ity, were also considered to ensure vided to struggling schools related preparation and continuing educa- Gillis said that Miles faculty and ad- that a heterogeneous group was in to the consequences in the No Child tion, and Part III pertains to school ministrators are excited about Sen- each class, which has proven suc- Left Behind (NCLB) tier levels. The practices in mathematics programs. ate Bill 1 implementation because it cessful. study will include the current status She said while some Kentucky increases rigor and alignment state- Senator Westwood asked if the of all school districts, the conse- schools have made steady gains in wide. He said Miles is still assessing students will have trouble adjusting quences and assistance being pro- improving student math achieve- Arts and Humanities and is continu- to middle school, especially since no vided to underperforming school dis- ment reaching near 100% profi- ing the portfolios for students al- other school in the district is following tricts and schools, a review of state ciency, the proficiency rate at other ready enrolled. the same procedures. Mr. Gillis said and national accountability models, Kentucky schools is only 20%. She Representative Stevens said he fifth grade parents have been asking and information on how Kentucky said challenges are especially great liked the 17-1 student-teacher ratio questions about the transition. He districts are meeting established in middle and high schools and in and wished each school in the Com- said the district high school is very goals. She said another study will be schools serving large percentages of monwealth could have a similar ra- involved in changing standards and done on districts participating in bar- students living in poverty. Dr. Nel- tio. He asked what percentage of the assessments but the middle school gained for contracts to determine the son said the detailed study contains parents attended the parent acad- is not. Senator Westwood said that, impact and provisions of those con- information about the differences emy training. Mr. Gillis responded even though letter grades are used tracts on the duties and responsibili- observed in mathematics instruction that about one third of all parents at the high school level to determine ties of schools and district leadership and achievement, best practices, and beyond those that had been involved scholarship and college admission and will include information on the challenges still confronting Kentucky in the various committees attended eligibility, he likes the reporting sys- effectiveness of the contracts to ac- schools. the training. Representative Stevens tem being used at Miles to measure tually improve school performance. Dr. Nelson said many elementary asked how the rest of the parents student academic growth. Ms. Seiler said a study will also be schools, even those with a high per- were informed to which Mr. Gillis Senator Westwood thanked Mr. conducted on teacher evaluation and centage of poverty students, are at or responded that information packets Gillis and his staff for sharing their compensation systems and will ex- near proficiency goals, although there were sent home with the students innovative approach to education. amine teacher quality components, is a direct correlation between low and 87% of the parents attended the Senator Westwood asked Marcia performance pay, differentiated com- student achievement in schools with parent-teacher conferences. Rep- Seiler, Director, Office of Education pensation, value added literature, and high poverty levels. Similar data for resentative Stevens asked if parents Accountability (OEA), to discuss the a review of Kentucky’s compensation middle schools showed that most of still want letter grade comparisons. study proposals for 2010. Members and teacher evaluation system. She the higher performing schools are low Mr. Gillis replied that the major- were provided a memorandum from said teachers and administrators will poverty schools and that the lowest ity of parents are pleased with the Ms. Seiler dated November 30, 2009, be surveyed as part of the study. Ms. performing middle schools tend to be new reporting system. Representa- regarding the proposed study agen- Seiler said OEA will also prepare the the schools with the highest poverty tive Stevens asked if the best way da. 2010 yearly compendium of state levels. She said data related to high to communicate student progress is Ms. Seiler explained that the education rankings and district data school mathematics achievement a parent-teacher conference and Mr. Education Assessment and Ac- profiles. showed that high schools with the Gillis agreed. Representative Stevens countability Review Subcommittee Senator Winters asked if the lowest proficiency rates are also the asked what the consensus of opin- (EAARS) is required by statute to ap- data for the study of district General schools with the highest percentage ion is at Miles regarding Senate Bill prove a list of study topics for OEA. Fund reserves would be assimilated of poverty students, although many 1. Mr. Gillis said faculty and staff are She said that she worked with the co- from available data at the Kentucky low performing high schools also had excited about the changes required chairs of EAARS to develop the study Department of Education (KDE) moderate poverty levels. by Senate Bill 1, although he believes agenda and specific details will be rather than through visits to school Dr. Nelson said OEA made site a student portfolio has been effective provided at the next meeting on how districts. Ms. Seiler said most of the visits to eleven high performing and in tracking student progress even if her staff will proceed on each subject data is available at KDE and some six low performing schools, although the portfolio is not assessed. area. OEA will conduct a review of has been reported in the past in the a disproportionate number of middle Senator McGaha asked Mr. Gillis the General Fund reserve balances of district data profile reports. Senator schools and high schools were vis- to explain the tiers of intervention on each Kentucky school district. The Winters said he would prefer that ited. They also reviewed state as- the school’s Pyramid of Intervention. review will include information on OEA use existing data from KDE, es- sessment data, course taking and Mr. Gillis said the pyramid was based statutory and regulatory authority, pecially in the current uncertain eco- evaluation data, and interviewed on an estimate of the total number federal guidelines, best practices, dis- nomic climate. Senator Westwood more than 25 state administrators, of students who need varying de- trict balances, average monthly Gen- asked if data is also available from researchers and professional devel- grees of intervention to bring them eral Fund expenditures, and analysis KDE on restricted fund balances, to opment providers with extensive ex- up to grade level. He said that he of fund balance trends from 2005- which Ms. Olds and Ms. Seiler re- perience in improving math teaching had been a special education teach- 2009. Representative Farmer asked if sponded that it is available at KDE. and learning in Kentucky schools. er for 23 years and one of his goals the source of the funds in those bal- Senator Westwood asked if The study also includes information as principal is to ensure that each ances will be analyzed because dis- there was a motion to approve the on the various funding allocated to child in special education needs to tricts used various sources of fund- OEA study plan for 2010. Upon mo- improve mathematics education in

THE KENTUCKY GENERAL ASSEMBLY 41 Kentucky is being used at the district individual students. She said similar growth plans, and professional devel- ministrators were asked how teacher level. Dr. Nelson said the Mathemat- documents did not exist or were not opment plans, needs to be clarified assignments were made and general- ics Achievement Fund was the major used in low performing schools. and districts need to use professional ly administrators of high performing source of state funding in 2008-2009 Dr. Nelson said that, although development funds for that purpose. schools intentionally designate staff with a $6.9 million allocation to fund many of the recommendations in the She said Part II of the mathematics to work with students with varying various initiatives including the Ken- report are directed at KDE and may study raised concerns about the lack degrees of academic ability, but there tucky Center for Mathematics at require additional administrative and of relevant courses required to obtain was no consistent method through- Northern Kentucky University, local fiscal resources, it is also clear that a master’s degree to teach mathemat- out the schools surveyed in making grants, and research and policy de- math teaching and learning cannot ics and that interviews with over 125 class assignments. velopment activities of the Commit- be improved unless school admin- math teachers for Part III of the study Dr. Nelson said there was a con- tee for Mathematics Achievement. istrators and teachers participate in showed that the majority of teach- sensus of opinion among administra- She said many major investments the process and districts allocate re- ers obtained their master’s degrees tors and teachers of high school math have been made in math teaching and sources and focus attention on im- for compliance and took almost no that the fundamental mathematics learning over time and that some of proving mathematics achievement. courses that would help them teach foundation of many students enter- the initiatives have shown promising She said OEA recommends that KDE mathematics. She said resources are ing high school is very weak even if results in student achievement but clarify the specific mathematics cur- available through the Kentucky Cen- those same students had scored pro- need to be more readily accessible to riculum to be adopted by schools ter for Mathematics and other sources ficient or distinguished on the math teachers and school administrators. since the current definition is vague which would be extremely helpful for portion of the Kentucky Core Con- Dr. Nelson said there were no- and KDE needs to provide guidance all math teachers. She said adminis- tent Test (KCCT). They said that it is table differences in characteristics about curriculum documents that trators are required to take 21 hours very important that students possess between high performing and low should be used. She said many of training annually but only 16 of computational fluency, understand performing schools relating to group school and district administrators over 800 courses approved by KDE basic math concepts, and be able to accountability, positive climate, cur- expressed frustration that they did are directly related to mathematics. compose and decompose numbers riculum and assessments, staff and not have the expertise or resources She said OEA recommends that KDE rapidly and accurately or they will scheduling for acceleration, and the to develop high quality documents solicit or develop more mathematics struggle in high school math classes. professional learning community, es- and were having trouble accessing relevant courses for Effective Instruc- She said OEA identified three con- pecially the presence or lack thereof those already in existence. tional Leadership Act (EILA) credits tributing factors contributing to the of building level instructional support Dr. Nelson said high perform- for administrators. lack of preparation of students en- for mathematics teachers. She said ing schools provide systematic sup- Representative Stevens said he tering high school, which was based although only a few schools were port for struggling students, includ- disagreed with the recommendation on data compiled by consultants ob- visited and the characteristics ob- ing extended class time for students, regarding professional learning. He serving Kentucky classroom instruc- served may not be applicable in each smaller class sizes, and teacher aides said elementary school teachers pro- tion. One factor was the inadequate low or high performing school, many in classrooms to assist struggling vide the total learning environment teaching of the conceptual founda- of the findings were supported in in- students. She said high performing for their students. He said college tions behind mathematics by ele- terviews with state administrators schools actually review and use data students planning to teach only math mentary and middle school teachers, and professional development pro- to identify student deficiencies or pro- should take relevant courses during most likely due to a teacher’s lack viders who have extensive experience vide accelerated classes for advanced their undergraduate studies and the of understanding of the concepts or in working with schools throughout students and also use the data to master’s program should continue to being unable to identify the specific the state. Dr. Nelson said that group make necessary staffing and schedul- emphasize pedagogy. He said that he point where intervention is needed. accountability with high expecta- ing decisions to provide the support. has a concern that block scheduling Another factor was the breadth of the tions for student achievement by They noted that elementary schools may also create some issues because curriculum which may have caused teachers and staff was evident in have more flexibility with adding in- of the extended periods a student teachers to move too quickly and not high performing schools; and teach- struction time and additional staff to may encounter between math cours- have enough time to cover the depth ers knew what was expected of them assist struggling students than high es. Dr. Nelson said that KDE has needed to master concepts. She said by administrators, such as bell to bell schools. She said several high school provided training for high schools on even when the content has been re- instruction, engaging and effective administrators and principals ex- all different types of course schedul- vised, proper teaching methods and lesson plans, and positive demeanor pressed frustration during interviews ing options to help schools meet the techniques will still need to be in with students. Teachers also shared about being unable to make needed needs of their students. She said the place to promote deeper knowledge responsibility for high performance changes because decisions regarding major complaint they heard from ad- of the standards. Dr. Nelson said the of all students in the school and not faculty and scheduling is controlled ministrators and principals regarding third concern is student lack of auto- just those in their own classroom, by the school-based decision making block scheduling or scheduling in gen- maticity and computational fluency such as sharing ideas and problem councils. eral was how difficult it is to change and that allowing the use of calcula- solving techniques, and enjoyed good Dr. Nelson said that high per- a schedule because changes must be tors, which was permitted on KCCT working conditions and support from forming schools have a professional approved by the school-based deci- math beginning in 1999, could be a administrators relating to discipline, learning system in place for their fac- sion making council. With regard contributing factor. She said OEA interruption free instruction periods, ulty that includes internal and exter- to content knowledge, Ms. Nelson receive numerous comments from and instructional resources. She said nal professional development oppor- said that each of the high perform- high school teachers and adminis- administrators of high performing tunities, but low performing schools ing schools surveyed did concentrate trators about the indiscriminate use schools were allowed to recruit high- do not have the same level of inter- on the whole child, but research of calculators even though they are ly qualified teachers and to remove nal professional development even data also shows that many Kentucky commonly accepted as a critical tool or replace teachers who did not meet though their teachers participate in teachers lack the basic mathematics for student learning; but, there is expectations, although highly quali- external professional development. knowledge necessary to provide ef- currently no research to suggest that fied teachers are not always readily She said building level instructional fective teaching and learning. Repre- calculator use undermines automa- available. Dr. Nelson said that high support for math teachers was evi- sentative Stevens said he agrees that ticity. performing schools had very clear dent in all of the high performing content knowledge is important but Dr. Nelson said they found very grade and course level curriculum schools with administrators provid- teaching techniques also need to be little use of high school readiness documents detailing specific skills ing feedback and assisting with data examined when teachers are ineffec- tests and college readiness tests in that need to be mastered and a analysis and curriculum develop- tive. early high school years to address time sequence in which those skills ment, but teachers in low perform- Senator Westwood asked if there basic skill deficiencies, although should be mastered, which provided ing schools did not have similar sup- were any observations about stu- some higher performing schools pro- a blueprint for teaching and learning. port. Dr. Nelson said that statutory dent assignment in low performing vided extra grade level content sup- Many of the schools had common and regulatory language relating to schools especially relating to place- port in certain math classes. High assessments used across classrooms professional development, such as ment of advanced students with the school teachers and administrators and closely monitored the progress of required number of hours, individual best teachers. Dr. Nelson said ad- in general did not appear to pos-

42 2010 Interim LEGISLATIVE RECORD sess the knowledge or know effec- She said data shows that for stu- in grading practices. Representative thrilled about the report and looks tive techniques to teach math at the dents to be successful in advanced Graham said that since scholarship forward to implementing all of the high school level. Dr. Nelson said courses they need to begin Algebra funding is often based on a student’s recommendations. Ms. Seiler said that even with the math initiatives in the 8th grade, but currently about GPA, KDE should establish a con- that OEA worked closely with KDE being taken by KDE and the Council a third of middle schools do not of- sistent statewide policy on how the throughout the whole year on the on Postsecondary Education (CPE), fer 8th grade Algebra and two-thirds GPA is to be determined, especially study and came to agreement on the unless district and school admin- of middle schools do not allow credit relating to credit recovery programs. recommendations. istrators make needed staffing and for Algebra which would indicated He asked what options are available Senator Westwood asked if there scheduling changes, little can be ac- that high ability students are not to students who have no particular was a motion to accept all three parts complished by state leaders alone. being systematically prepared to be interest in mathematics even though of the mathematics study. Upon mo- She said that in order to strengthen successful in advanced classes at the four years of math will be required for tion by Representative Stevens, sec- weak mathematics foundations, OEA high school level. OEA recommends 2012 graduates. Dr. Nelson said they onded by Senator McGaha, the OEA recommends that KDE and CPE en- that KDE contact schools that are visited some schools that were pro- Mathematics Study was approved by sure that the new standards and as- not providing adequate coursework viding math courses to help students voice vote in its entirety. sociated professional development for high performing students to pro- learn advanced mathematics prin- Senator Westwood said that include sufficient attention to basic vide assistance and resources to help ciples that could be used in college discussion on the remainder of the numeracy and that the new assess- them develop appropriate classes. and work careers while still offering agenda items would be deferred to ments be used to provide early in- Dr. Nelson said that OEA be- advanced placement courses for oth- the January meeting. There being tervention for students lacking basic lieves Kentucky has great untapped er students. Representative Graham no further business to discuss, the foundational mathematics skills. student potential; that the new said he is concerned that students meeting adjourned at 3:00 PM. Dr. Nelson said that students standards and assessments being de- who do not plan to pursue a degree graduating in 2012 will be required veloped will bring more focus to the or career that would require advanced GOVERNMENT CONTRACT to take Algebra II and at least one issues examined in the study; that placement mathematics classes are REVIEW COMMITTEE mathematics class each year in high there is a need to leverage resources being required to take those classes Committee Minutes school. She said although most stu- already available to assist both strug- which may be negatively impacting January 12, 2010 dents in schools throughout the state gling and excelling students; and a their GPA and adversely impacting The Government Contract Re- are meeting the Algebra II graduation greater sense of urgency is needed scholarship eligibility and college view Committee met on Tuesday, requirement, many schools will need in preparing for the new graduation admission requirements. Ms. Seiler January 12, 2010, at 10:00 AM, in to make substantial shifts in sched- requirements. responded that school resources and Room 171 of the Capitol Annex. Rep- uling to ensure students meet the Representative Farmer asked if personnel complements factor into resentative Dennis Horlander, Chair, annual math requirement. She said there are enough math teachers in the classes that are offered and that called the meeting to order, and the increasing the number of classes and the current system and in the pipe- KDE needs to provide guidance. secretary called the roll. rigor also will not ensure increased line to meet the needs of all schools Representative Graham asked Present were: student math achievement. In two of to fulfill the new high school gradu- what some of the characteristics of Members: Senator Vernie Mc- the low performing schools OEA vis- ation requirements. Dr. Nelson said high performing schools were, such Gaha, Co-Chair; Representative Den- ited, even though all of the students that Part II of the study examined the as geographic location and the per- nis Horlander, Co-Chair; Senator Ju- were taking Algebra II for graduation, type of data that needs to be collect- centage of free and reduced lunch lian M. Carroll; Representatives Jesse the proficiency rates in those two ed to systematically provide an ac- student population. Dr. Nelson said Crenshaw, Brad Montell, and Brent schools were 21% and 24% respec- curate answer to that question. She they visited three higher performing Yonts. tively, which is common throughout said anecdotally administrators and districts, all of which had poverty Guests: David Holcomb, Pam the state. Dr. Nelson said that OEA faculty in higher performing schools levels at or above the state average Hatcher, Joe Cowles, Fred Nelson, also noted that credit recovery is be- appear to understand and try to pro- and one district had only one high Steve Byars, Bill Harris, Dr. Steve Da- ing widely used but maybe not for its vide the needed instructional support school and the larger district had vis, Nancy Myers, Joe Barrows, Walt intended purpose. In high perform- for both advanced and remedial math four high schools. She said all of Gaffield, Michele Kays, Marcheta ing schools, credit recovery was used classes. She said resources may need the high performing schools exhib- Sparrow, Tim Pollard, Gary Freeland, infrequently or not at all, but in one to be reallocated in many schools ited high expectations for student Robert Brown, Wesley Duke, Joe low performing school, every student which will require an understanding achievement; district administrators Meyer, and Hiren Desai. who failed Algebra II was put into and action by school-based decision had skills in working with teach- LRC Staff: Kim Eisner, Matt a credit recovery class and not al- making councils. She said many ad- ers and school administrators; ad- Ross, and Becky Brooker. lowed to return to regular class. She ministrators have expressed concern ministrators who had not produced A motion was made by Sena- said OEA has received a number of about the lack of financial resources desired results had been removed; tor Carroll to approve Minutes of the complaints regarding the inappropri- needed to hire sufficient staff. Repre- school administrators and teachers Representative Yonts meeting of the ate use of credit recovery and those sentative Farmer said the information were provided necessary resources, committee. Representative Yonts complaints are being investigated. implies that school-based councils professional development opportu- seconded the motion, which passed Dr. Nelson said OEA has recom- may be satisfied with their personnel nities, and other needed support; without objection. mended that KDE help schools meet complement, even though their cur- and steps were immediately taken to A motion was made by Repre- new high school graduation require- rent personnel may not be the most address problem areas. Representa- sentative Yonts to consider as re- ments by providing guidance on the content qualified to teach some of tive Graham said the costs of dual viewed, the Personal Service Contract types of courses that are appropriate the courses. credit presents a problem for many List, with exception of those items for students of varying abilities; col- Senator Westwood recognized students at or below poverty level, selected for further review by mem- lect data to monitor the use of credit Representative Derrick Graham, who even when colleges and universities bers of the committee. Represen- recovery classes; and establish sys- was visiting, and provided him op- are providing reduced fees. He said it tative Montell seconded the motion, tematic channels of communication portunity to ask a few questions. is important that realistic measures which passed without objection. with district and school staff respon- Representative Graham said it is his be taken to help all students have ac- A motion was made by Repre- sible for monitoring and implement- understanding that KDE allows each cess to the best education possible sentative Yonts to consider as re- ing math programs. district to develop their own credit including access to other schools. viewed, the Personal Service Contract Dr. Nelson said although high recovery programs and he asked if Senator Westwood asked if Amendment List, with exception of performing schools provide advanced most districts use the grade from there was a KDE representative in those items selected for further re- placement mathematics classes, the credit recovery program to calcu- the audience who would like to pro- view by members of the committee. about 25% of all high schools had late the student transcript and grade vide a response to any of the recom- Representative Montell seconded the no AP math classes and over half point average (GPA). Dr. Nelson mendations in the OEA study. Mr. motion, which passed without ob- of the high schools with AP math said she did not know the answer Michael Miller, Director of Curricu- jection. had no students who earned quali- to the question although there ap- lum Development, Kentucky Depart- A motion was made by Represen- fying scores on AP math courses. pears to be inconsistency in general ment of Education, said that KDE is tative Yonts to consider as reviewed,

THE KENTUCKY GENERAL ASSEMBLY 43 the Memoranda of Agreement List, SITY: 0900012408. 1000000398; Cumberland Val- with exception of those items se- STAMATS, 10014. DEPARTMENT FOR COMMU- ley Area Development District, lected for further review by members NORTHERN KENTUCKY UNI- NITY BASED SERVICES: 1000000803; Pennyroyal Mental of the committee. Representative VERSITY: Croney & Clark Incorporated, Health, 1000000878. Montell seconded the motion, which Cornerstone, 2010539; NACDA 0800008238. OFFICE OF THE GOVERNOR, passed without objection. Consulting, 2010540; Susan Brink- DEPARTMENT FOR PUBLIC DEPARTMENT FOR LOCAL GOV- A motion was made by Repre- man, 2010541. HEALTH: ERNMENT: sentative Yonts to consider as re- STATE POLICE, DEPARTMENT URS Corporation, 0900011799. City of Ludlow, 1000000836; viewed, the Memoranda of Agreement OF: Letcher County Fiscal Court, Amendment List, with exception of John E. Reid & Associates, EDUCATION PROFESSIONAL 1000000870; Harlan County Fiscal those items selected for further re- 1000000884. STANDARDS BOARD: Court, 1000000904; Letcher County view by members of the committee. TRANSPORTATION CABINET: Cindy Owen, 1000000881. Fiscal Court, 1000000908; Letcher Representative Montell seconded the Vaughn & Melton Consulting FINANCE AND ADMINISTRA- County Fiscal Court, 1000000910; motion, which passed without ob- Engineers (Kentucky) Incorporated, TION CABINET: City of Booneville, 1000000913; jection. 1000000873; Kentucky Association Frost Brown Todd, LLC, Pike County Board of Education, THE FOLLOWING PERSONAL of Chiefs of Police, 1000000899; 0800009341. 1000000914; City of Jackson, SERVICE CONTRACTS WERE RE- Kentucky Hospital Associates, FINANCE AND ADMINISTRA- 1000000917; City of Pikeville, VIEWED WITHOUT OBJECTION: 1000000901; QK4, 1000000927; TION CABINET - DIVISION OF EN- 1000000918; Washington County DEPARTMENT FOR AGING & Kentucky Association of Chiefs of GINEERING: Fiscal Court, 1000000958; City of INDEPENDENT LIVING: Police, 1000000934; Kentucky Farris McIntosh & Tremper In- Booneville, 1000000981; Menifee Radical Rehabilitation Solutions, Association of Chiefs of Police, corporated, 0700006165; Voelk- County Fiscal Court, 1000001031; LLC, 1000000499; Center for Com- 1000000942; Kentucky Crime Pre- er Blackburn Niehoff Architects, Menifee County Fiscal Court, prehensive Services Incorporated, vention Coalition, 1000000944; 0700006447; EOP Architects, PSC, 1000001034. 1000000791. Municipal Engineering Company, C-05298623. THE FOLLOWING MEMORAN- DEPARTMENT FOR COMMU- 1000000945; Kosair Children’s Hos- KENTUCKY HIGHER EDUCA- DA OF AGREEMENT AMENDMENTS NITY BASED SERVICES: pital, 1000000946; CDP Engineers TION STUDENT LOAN CORPORA- WERE REVIEWED WITHOUT OBJEC- KVC Behavioral Healthcare Ken- Incorporated, 1000000961. TION: TION: tucky Assignee for Croney & Clark, UNIVERSITY OF KENTUCKY: Strothman & Company, PSC, ADMINISTRATIVE OFFICE OF 0800008238-1. Denham Blythe, A101070; Pap- 09014. THE COURTS: DEPARTMENT FOR PUBLIC pas Consulting Group Incorporated, KENTUCKY HOUSING CORPO- Pennyroyal Mental Health, HEALTH: K10131; Shield Environmental As- RATION: 0900012789; River Valley Behavioral Kentucky Hospital Research & sociates Incorporated, K10133; In- Middleton Reutlinger, 201013; Health, 0900012796. Education Foundation, 0900011901- ternational Business Machines Incor- 8700 CORPORATION, 201019. AGRICULTURE, DEPARTMENT 1; University of Louisville Hospital, porated (IBM), K10134. MILITARY AFFAIRS, DEPART- OF: 1000000788. UNIVERSITY OF LOUISVILLE: MENT OF: Multi, 0900011602; Multi, DEPARTMENT OF INSURANCE: Sabak, Wilson & Lingo Incorpo- Andre O. Daigle, 0800011138. 0900011722. Knowledge Transformation Sys- rated, 10021; Classickle Incorporat- MURRAY STATE UNIVERSITY: DEPARTMENT FOR AGING & tems Incorporated, 1000000923; ed, 10022; URS Corporation, 10023; Robert Clark Harris, MD, 00710; INDEPENDENT LIVING: Duane Manns, 1000000926. URS Corporation, 10024; Storbeck/ Porter Khouw Consulting, 01410. Audubon Area Community, EDUCATIONAL TELEVISION, Pimentel & Associates, 10026. PERSONNEL BOARD: 0900012410. KENTUCKY: John C. Ryan, 0800008384; Ed- DEPARTMENT FOR COMMU- John Bacon, 1000000957; Ste- VETERANS AFFAIRS, DEPART- ward P. Moores, 0800008402. NITY BASED SERVICES: ven G. Shaw, 1000000959. MENT OF: PERSONNEL-OFFICE OF THE Kentucky Association of Sexual FINANCE AND ADMINISTRA- Disabled American Vets, SECRETARY: Assault Programs, 0800009592; TION CABINET - DIVISION OF EN- 1000000763. Price WaterhouseCoopers LLP, Community Action Kentucky Incor- GINEERING: WESTERN KENTUCKY UNIVER- 0800009001. porated, 0900012751. GRW Engineers Incorporat- SITY: TRANSPORTATION CABINET: DEPARTMENT FOR FAMILY RE- ed, 1000000839; Myers Jolly Ar- Learning Curve Educational QK4, 0700006089; Wilbur SOURCE CENTERS & VOLUNTEER chitects, 1000000840; Patrick Consulting, 091041; Lynne Sullivan, Smith Associates, 0800007893; SERVICES: D. Murphy Company Incorporat- 091046. WMB Incorporated, 1000000854; Barren County Board of Educa- ed, 1000000847; DDS Engineer- THE FOLLOWING PERSONAL Palmer Engineering Company, C- tion, 0800006793; Barren County ing, PLLC, 1000000849; Kersey & SERVICE AMENDMENTS WERE RE- 99005702-5; Bernardin, Lochmueller Board of Education, 1000000130. Kersey Incorporated, 1000000852. VIEWED WITHOUT OBJECTION: & Associates, C-99014514-3. DEPARTMENT FOR MENTAL AUDITOR OF PUBLIC AC- UNIVERSITY OF KENTUCKY: HEALTH, DEVELOPMENTAL DIS- KENTUCKY COMMUNITY & COUNTS, OFFICE OF THE: Underwriters Safety & Claims, ABILITIES & ADDICTION SERVICES: TECHNICAL COLLEGE SYSTEM: Teddy Michael Prater, CPA, PLLC, K09113; Bond, Schoeneck & King, Bluegrass Regional Mental Health Truck America Training, LLC, 1000000361. PLC, K10126. Mental Retardation, 0800007887; KCTPS428; Lake Cumberland CDL CABINET FOR HEALTH AND WESTERN KENTUCKY UNIVER- Pennyroyal Mental Health, Training School, Incorporated, FAMILY SERVICES: SITY: 0900012111; Lifeskills Incorpo- KCTPS429; Association of Commu- Saint Claire Medical Center, Linda Jensen Sheffield, 091005. rated, 0900012113; Communicare nity College Trustees, KCTPS430. 0800007651; Trover Clinic Founda- Incorporated, 0900012114; Seven KENTUCKY HIGHER EDUCA- tion, 0800007652. THE FOLLOWING MEMORAN- Counties Services, 0900012115; TION STUDENT LOAN CORPORA- COMMISSION FOR CHILDREN DA OF AGREEMENTS WERE RE- Northern Kentucky Regional Mental TION: WITH SPECIAL HEALTH CARE VIEWED WITHOUT OBJECTION: Health Mental Retardation Board, Strothman & Company, PSC, NEEDS: CORRECTIONS, DEPARTMENT 0900012116; Pathways Incorporat- 10004. University Medical Associates, OF: ed, 0900012118; Mountain Compre- KENTUCKY LOTTERY CORPO- 0800009227. Grant County Jail, 1000000868. hensive Care Center, 0900012119; RATION: CORRECTIONS, DEPARTMENT DEPARTMENT OF ENERGY DE- Cumberland River Mental Health Visions Solutions, 10920012. OF: VELOPMENT AND INDEPENDENCE: Mental Retardation Board Incorpo- KY HORSE RACING AUTHOR- Criminal Justice Institute, Finance & Administration Cabi- rated, 0900012121; Lake Cumber- ITY: 1000000344. net, 1000000159. land Mental Health Mental Retarda- Stoll Keenon Ogden PLLC, DEPARTMENT FOR AGING & MILITARY AFFAIRS, DEPART- tion Board, 0900012122; Bluegrass 1000000941. INDEPENDENT LIVING: MENT OF: Regional Mental Health Mental Re- MOREHEAD STATE UNIVER- Experience Works, Bullitt County Fiscal Court, tardation, 0900012123.

44 2010 Interim LEGISLATIVE RECORD DEPARTMENT FOR PUBLIC Northern Kentucky Area Develop- PERSONNEL ADMINISTRA- consider the contracts as reviewed. HEALTH: ment District, 0800008201; Buf- TION, DEPARTMENT FOR: Representative Yonts seconded the North Key Community Care, falo Trace Area Development District, Salvaggio Teal & Associates, M- motion, which passed unanimously. 0900011860; Adanta Group, 0800008202; Pennyrile Area Devel- 06189445. Walt Gaffield and Mi- DEFERRED CONTRACTS: 0900011861; Mountain Comprehen- opment District, 0800008205. chele Kays discussed the contract EDUCATION PROFESSIONAL sive Care Center, 0900011870. with the committee. A motion was STANDARDS BOARD: EDUCATION, DEPARTMENT OF: THE FOLLOWING PERSONAL made by Senator Carroll to consider Cindy Owen, 100000881. Gary Madison County Board of Edu- SERVICE CONTRACTS WERE SE- the contract as reviewed. Represen- Freeland, Joe Meyer, and Hiren De- cation, 0800008328; Department LECTED FOR FURTHER REVIEW: tative Yonts seconded the motion, sai discussed the contract with the for Public Health, 0900011480; KENTUCKY COMMUNITY & which passed with Representative committee. A motion was made by Shelby County Board of Educa- TECHNICAL COLLEGE SYSTEM: Montell voting NO. Senator Carroll to consider the con- tion, 0900011841; North Central C. D. L. Training Services & Con- TOURISM DEVELOPMENT CAB- tract as reviewed. Representative AHEC, 0900012941; Shelby County sulting, KCTPS427. David Holcomb INET: Yonts seconded the motion, which Board of Education, 1000000185; and Pam Hatcher discussed the con- Pros Consulting, LLC, passed unanimously. Pike County Board of Education, tract with the committee. A motion 0900011540. Marcheta Sparrow and KENTUCKY HOUSING CORPO- 1000000462. was made by Senator McGaha to dis- Tim Pollard discussed the contract RATION: FISH & WILDLIFE, DEPARTMENT approve the contract. Representative with the committee. A motion was 8700 CORPORATION, OF: Montell seconded the motion, which made by Senator Carroll to consider KHC201019. A motion was made EPPC, Division of Conservation, passed unanimously. the contract as reviewed. Represen- by Senator Carroll to consider the 0800011224. PERSONNEL-OFFICE OF THE tative Yonts seconded the motion, contract as reviewed. Representative OFFICE OF THE GOVERNOR, SECRETARY: which passed unanimously. Yonts seconded the motion, which DEPARTMENT FOR LOCAL GOV- Covington & Burling, passed unanimously. ERNMENT: 1000000954. Joe Cowles and Fred THE FOLLOWING MEMORAN- EXEMPTION REQUEST Breckinridge County Fiscal Court, Nelson discussed the contract with DUM OF AGREEMENT WAS SELECT- CABINET FOR HEALTH & FAM- 0700003242; City of Leitchfield, the committee. A motion was made ED FOR FURTHER REVIEW: ILY SERVICES: 0700003584; City of Manchester, by Representative Yonts to consider EDUCATION PROFESSIONAL The Cabinet for Health and Fam- 0700003617; Beattyville City Trea- the contract as reviewed. Senator STANDARDS BOARD: ily Services requested exemption for surer, 0700005287; McCreary Coun- Carroll seconded the motion, which Green River Regional Education all Local Health Department Memo- ty Fiscal Court, 0700005972; Harlan passed unanimously. Cooperative, 1000000996; Jefferson randa of Agreements and Amend- County Fiscal Court, 0700006493; UNIVERSITY OF KENTUCKY: County Public Schools, 1000001009. ments. A motion was made by City of Warsaw, 0700006604; City Stites & Harbison, K10132. Gary Freeland and Robert Brown dis- Representative Yonts to approve the of Greensburg, 0800006970; City Steve Byars and Bill Harris discussed cussed the contracts with the com- request to December 31, 2010 and of Paducah, 0800007456; Harlan the contract with the committee. A mittee. A motion was made Sena- for the agency to submit a written re- County Fiscal Court, 0800010203; motion was made by Senator Carroll tor Carroll to consider the contracts port to the committee on a quarterly Madisonville Community College, to consider the contract as reviewed. as reviewed. Representative Yonts basis. Senator Carroll seconded the 0800010696; Floyd County Fiscal Representative Yonts seconded the seconded the motion, which passed motion, which passed unanimously. Court, 0800010848; Bell County Fis- motion, which passed with Senator unanimously. With no further business be- cal Court, 0800010867; Bell Coun- McGaha and Representative Montell THE FOLLOWING MEMORAN- fore the committee, the meeting ad- ty Fiscal Court, 0800010870; Leslie voting NO. DA OF AGREEMENTS FOR $50,000 journed at 11:45 AM. County Fiscal Court, 0800011075; THE FOLLOWING PERSONAL AND UNDER WERE SELECTED FOR Leslie County Fiscal Court, SERVICE CONTRACTS AMEND- FURTHER REVIEW: GOVERNMENT CONTRACT 0800011078; Bell County Fiscal MENTS WERE SELECTED FOR FUR- CORRECTIONS, DEPARTMENT REVIEW COMMITTEE Court, 0800011233; Bell County Fis- THER REVIEW: OF: Committee Minutes cal Court, 0800011238; Bell Coun- DEPARTMENT FOR PUBLIC Department of Public Advo- February 9, 2010 ty Fiscal Court, 0800011241; City HEALTH: cacy, 1000000938. Wesley Duke The Government Contract Re- of Providence, 0900011517; Leslie Healthcare Education and Reg- discussed the contract with the view Committee met on Tuesday, County Fiscal Court, 0900011898; istration Training, 0800008794. Dr. committee. A motion was made February 9, 2010, at 3:30 PM, in Breathitt County Fiscal Court, Steve Davis discussed the contract by Representative Yonts to consider Room 131 of the Capitol Annex. 1000000514; Floyd County Fiscal with the committee. A motion was the contracts as reviewed. Senator Senator Vernie McGaha, Chair, called Court, 1000000715; City of James- made by Representative Yonts to con- Carroll seconded the motion, which the meeting to order, and the secre- town, M-03467352-1; Jessamine sider the contract as reviewed. Rep- passed unanimously. tary called the roll. County Fiscal Court, M-06000548; resentative Crenshaw seconded the EDUCATION PROFESSIONAL Present were: City of Franklin, M-06167797. motion, which passed unanimously. STANDARDS BOARD: Members: Senator Vernie Mc- PERSONNEL-OFFICE OF THE KENTUCKY HOUSING CORPO- Kentucky Educational Develop- Gaha, Co-Chair; Representative Den- SECRETARY: RATION: ment Corporation, 1000000983; nis Horlander, Co-Chair; Senators Kentucky Department of Educa- Default Mitigation Management, Ohio Valley Education Coop, Julian M. Carroll, Carroll Gibson, and tion, 1000000163. LLC, 201010; Stierle & Stierle, Attor- 1000000984; Western Kentucky Ed- Elizabeth Tori; Representatives Jesse POST SECONDARY EDUCA- neys At Law, 201011. Nancy My- ucation Cooperative, 1000000985; Crenshaw, Brad Montell, and Brent TION, COUNCIL ON: ers discussed the contracts with the NKCES, 1000000986; Central Ken- Yonts. Washington Center for Intern- committee. A motion was made by tucky Educational Cooperative, Guests: Tim Burcham, Da- ships, 0800009790. Senator McGaha to consider the con- 1000000987; Fayette County Pub- vid Holcomb, Philip Brashear, Steve WORKFORCE INVESTMENT, tracts as reviewed. Senator Carroll lic Schools, 1000001003; Frank- Mason, Walt Gaffield, Fred Nelson, OFFICE OF: seconded the motion, which passed lin County Board of Education, Mitchell Payne, David Martin, Don Barren River Area Develop- unanimously. 1000001004; Simpson County Pendleton, Charlie Kendell, Irene ment District, 0800008088; Blue- OFFICE OF HOMELAND SECU- Board of Education, 1000001005; Centers, Keith Kappes, Peggy Strat- grass Area Development District, RITY: Muhlenberg County Board of Educa- ton, Therese Richerson, Greg Guess, 0800008191; Lake Cumberland Area RCC Consultants Incorporated, tion, 1000001006; Oldham County Lee Colten, Dinah Bevington, Jeff Development District, 0800008192; 0900011815. Joe Barrows discussed Board of Education, 1000001007; Mosley, Russ Salsman, Amy Barnes Eastern Kentucky CEP Incorporated, the contract with the committee. A Marion County Board of Education, and Andrew Hartley. 0800008194; Green River Area De- motion was made by Senator Mc- 1000001008; Logan County Board of LRC Staff: Kim Eisner, Matt Ross velopment District, 0800008196; Gaha to consider the contract as Education, 1000001010. Gary Free- and Becky Brooker. Lincoln Trail Area Development reviewed. Representative Crenshaw land and Robert Brown discussed A motion was made by Repre- District, 0800008198; Louisville seconded the motion, which passed the contracts with the committee. A sentative Montell to approve min- Metro Government, 0800008200; unanimously. motion was made Senator Carroll to utes of the January 2010 meeting of

THE KENTUCKY GENERAL ASSEMBLY 45 the committee. Representative Yonts KENTUCKY: TION CABINET - DIVISION OF EN- OF: seconded the motion, which passed Justin Craig Allen, 1000001154. GINEERING: Louisville Metro Criminal Justice without objection. FINANCE AND ADMINISTRA- Omni Architects, 0600000391; Commission, 1000001086. A motion was made by Repre- TION CABINET: Stantec Consulting Services Incorpo- FISH & WILDLIFE, DEPARTMENT sentative Yonts to consider as re- Frost Brown Todd, LLC, rated, 0700003463; GRW Engineers OF: viewed, the Personal Service Contract 1000001051. Incorporated, 0700006167; Omni United States Fish & Wildlife List, with exception of those items FINANCE AND ADMINISTRA- Architects, 0800011282; Collignon Service, 1000000911. selected for further review by mem- TION CABINET - DIVISION OF EN- & Nunley, 0900011347; Omni Ar- INFRASTRUCTURE AUTHOR- bers of the committee. Representa- GINEERING: chitects, 0900011348; Arrasmith ITY: tive Crenshaw seconded the motion, Brandstetter Carroll Incorpo- Judd Rapp Chovan Incorporated, Letcher County Water & Sewer which passed without objection. rated, 1000000845; Entran, PLC, 0900011608; CMTA Incorporated District, 1000001146. A motion was made by Repre- 1000000856; Mactec Engineering and Consulting Engineers, 1000000152; MILITARY AFFAIRS, DEPART- sentative Yonts to consider as re- Consulting, 1000000872; HDR Engi- Godsey Associates Architects In- MENT OF: viewed, the Personal Service Contract neering Incorporated, 1000000939; corporated, 1000000518; Godsey Northern Kentucky Area Devel- Amendment List, with exception of Shield Environmental, 1000001028. Associates Architects Incorporated, opment District, 1000000505. those items selected for further re- HORSE PARK, KENTUCKY: 1000000518; Clotfelter Samokar, OFFICE OF THE GOVERNOR, view by members of the committee. Claire Larkin Pope, PSC, C-05277108; Luckett & Far- DEPARTMENT FOR LOCAL GOV- Representative Crenshaw seconded 1000001203. ley Architects Engineers & Construc- ERNMENT: the motion, which passed without MURRAY STATE UNIVERSITY: tion Managers Incorporated, C- Ashland Independent Board of objection. SEM Works, LLC, 01610. 05287671-2. Education, 1000000951; City of Ful- A motion was made by Repre- OFFICE OF THE GOVERNOR, JUSTICE CABINET: ton, 1000000965; Floyd County Fis- sentative Yonts to consider as re- DEPARTMENT FOR LOCAL GOV- Barbara Weakley-Jones, cal Court, 1000000972; City of New- viewed, the Memoranda of Agree- ERNMENT: 0800011129; McBrayer McGinnis port, 1000001000; Pine Mountain ment List, with exception of those ICF Incorporated LLC, Leslie & Kirkland, 0900012579; Fulk- Independent Development Author- items selected for further review by 1000001141. erson & Kinkel PLLC, 0900012589; ity, 1000001035; Breathitt County members of the committee. Repre- TRANSPORTATION CABINET: Jenkins, Smith & Welleford, Board of Education, 1000001044; sentative Crenshaw seconded the J M Crawford and Associ- 0900012769. Webster County Fiscal Court, motion, which passed without ob- ates Incorporated, 1000001073; KENTUCKY STATE UNIVERSITY: 1000001045; Whitley County Fiscal jection. American Engineers Incorporated, Crowe Horwath, KSU1001. Court, 1000001046; Morgan County A motion was made by Repre- 1000001074; J. M. Crawford & As- NORTHERN KENTUCKY UNI- Fiscal Court, 1000001050; Regional sentative Yonts to consider as re- sociates Incorporated, 1000001094; VERSITY: Technology Authority Incorporated, viewed, the Memoranda of Agreement J. M. Crawford & Associates Incorpo- Multi, 2010447. 1000001108; Trimble County Fiscal Amendment List, with exception of rated, 1000001105. OFFICE OF HOMELAND SECU- Court, 1000001112; Warren County those items selected for further re- UNIVERSITY OF KENTUCKY: RITY: Office of County Clerk, 1000001130; view by members of the committee. Denham Blythe, A101080; Goldberg & Simpson PSC, Lawrence County Fiscal Court, Representative Crenshaw seconded JRA Architects, A101090; Solstice 0800008537. 1000001137; Letcher County Fiscal the motion, which passed without Transportation Group Incorporated, TRANSPORTATION CABINET: Court, 1000001160; Pike County objection. K10135. W M B Incorporated, Fiscal Court, 1000001162. THE FOLLOWING PERSONAL UNIVERSITY OF LOUISVILLE: 0700003516; WMB Incorporat- VETERANS AFFAIRS, DEPART- SERVICE CONTRACTS WERE RE- Multi, 10029; MACTEC Engi- ed, 0700004366; Entran, PLC, MENT OF: VIEWED WITHOUT OBJECTION: neering & Consulting, 10035. 0700005382; BTM Engineering In- Volunteers of America of Ken- CORRECTIONS, DEPARTMENT WORKERS CLAIMS, DEPART- corporated, 0700005851; Burgess tucky Incorporated, 1000000758. OF: MENT OF: & Niple Incorporated, 0700006084; THE FOLLOWING MEMORAN- Louisville Metro Reentry Task Ingenix Incorporated, Lochner H W Incorporated Consult- DA OF AGREEMENT AMENDMENTS Force Incorporated, 1000001080; 1000000765. ing, 0800009842; W M B Incor- WERE REVIEWED WITHOUT OBJEC- Prodigal Ministries Incorporated, porated, C-00053395-3; Burgess TION: 1000001081. THE FOLLOWING PERSONAL & Niple Limited, C-01105003-4; AGRICULTURE, DEPARTMENT DEPARTMENT FOR AGING & SERVICE AMENDMENTS WERE RE- GRW Engineers Incorporated, C- OF: INDEPENDENT LIVING: VIEWED WITHOUT OBJECTION: 03314499; GRW Engineers Incorpo- Multi, 0900011602; Multi, Radical Rehabilitation Solutions, CORRECTIONS, DEPARTMENT rated, C-99004860-4; E A Partners 0900011722. LLC, 1000000808. OF: PLC, C-99005249-5; W M B Incor- ATTORNEY GENERAL, OFFICE DEPARTMENT FOR COMMU- Gary M. Beckstrom, porated, C-99005589-8. OF THE: NITY BASED SERVICES: 1000000149. UNIVERSITY OF KENTUCKY: Kids on the Block, 1000000848. Pathways Incorporated, DEPARTMENT FOR NATURAL SSRCx, LLC, A071150; Immix DEPARTMENT FOR COMMU- 1000000966; KVC Behavioral RESOURCES: Technology, K09174. NITY BASED SERVICES: Health Care, 1000000967; Belle- Stantec Consulting Services In- Housing Authority of Bowl- wood Presbyterian Home for Chil- corporated, 0800009794; Bowser THE FOLLOWING MEMORAN- ing Green, 0800008757; Kentucky dren Incorporated, 1000000968; Morner Associates Incorporated, DA OF AGREEMENTS WERE RE- Communities Economic Opportunity Specialized Alternatives for Families 0800010721; R M Johnson Engi- VIEWED WITHOUT OBJECTION: Council Incorporated, 0900012135; & Youth of Kentucky Incorporated, neering Incorporated, 0900012472; ADMINISTRATIVE OFFICE OF Northeast Kentucky Area Develop- 1000000969; Bellewood Presbyte- ATC Associates Incorporated, THE COURTS: ment, 0900012144; Community rian Home for Children Incorporated, 0900013190. National Center for State Courts, Action of Southern Kentucky Incor- 1000000980. DEPARTMENT FOR PUBLIC 1000001165; Cabinet for Health porated, 0900012148; Commu- DEPARTMENT FOR NATURAL HEALTH: & Family Services, Department for nity Action Kentucky Incorporated, RESOURCES: St. Joseph Hospital, Mental Health/Mental Retardation, 0900012751. Davey Resource Group, 0800008371. 1000001177. DEPARTMENT FOR FAMILY RE- 1000001037. ECONOMIC DEVELOPMENT - AGRICULTURE, DEPARTMENT SOURCE CENTERS & VOLUNTEER DEPARTMENT OF HOUSING, OFFICE OF THE SECRETARY: OF: SERVICES: BUILDING, AND CONSTRUCTION: Potter & Company, LLP, Feeding America, Kentucky’s Green River Area Development Code Administrative Associates 0800009890. Heartland, 1000001128; God’s District, 0800006794. of Kentucky, 1000001079. EDUCATION, DEPARTMENT OF: Pantry Food Bank Incorporated, DEPARTMENT FOR MENTAL EDUCATION, DEPARTMENT OF: Susan Gormley Tipton, 1000001150; Dare To Care Food HEALTH, DEVELOPMENTAL DIS- Multi, 1000000915. 0800008360. Bank, 1000001151. ABILITIES & ADDICTION SERVICES: EDUCATIONAL TELEVISION, FINANCE AND ADMINISTRA- CORRECTIONS, DEPARTMENT Kentucky River Community

46 2010 Interim LEGISLATIVE RECORD Care, 0900012120. WORKFORCE INVESTMENT, Carroll to consider the contract as DEPARTMENT OF ENERGY DE- DEPARTMENT FOR PUBLIC OFFICE OF: reviewed. Representative Crenshaw VELOPMENT AND INDEPENDENCE: HEALTH: Hancock County Board of Edu- seconded the motion, which passed Kentucky Housing Corporation, Lincoln Trail Area Development cation, 0800009810. unanimously. 1000000160. Greg Guess and Lee District, 0800010510; Kentucky Riv- THE FOLLOWING PERSONAL THE FOLLOWING PERSONAL Colten discussed the contract with er Community Care, 0900011866. SERVICE CONTRACTS WERE SE- SERVICE CONTRACTS AMEND- the committee. A motion was made EDUCATION PROFESSIONAL LECTED FOR FURTHER REVIEW: MENTS WERE SELECTED FOR FUR- by Representative Montell to con- STANDARDS BOARD: KENTUCKY COMMUNITY & THER REVIEW: sider the contract as reviewed. Rep- Kentucky Educational Develop- TECHNICAL COLLEGE SYSTEM: CRIMINAL JUSTICE TRAINING, resentative Yonts seconded the mo- ment Corporation, 1000000983. Thorn Run Partners, LLC, DEPARTMENT OF: tion, which passed unanimously. EDUCATION, DEPARTMENT OF: KCTPS431. Tim Burcham, David Hol- Law Enforcement Services, PERSONNEL-OFFICE OF THE Casey County Board of Education, comb, and Philip Brashear discussed 0800010110. Don Pendleton dis- SECRETARY: 0800007954; Raceland Worthing- the contract with the committee. A cussed the contract with the com- Finance & Administration Cabi- ton Independent Board of Educa- motion was made by Senator Carroll mittee. A motion was made by net, 1000001095. Dinah Bevington tion, 0800008350; Madison County to consider the contract as reviewed. Representative Yonts to consider the and Jeff Mosley discussed the con- Board of Education, 0800008924; Representative Horlander seconded contract as reviewed. Senator Carroll tract with the committee. A motion Calloway County Board of Education, the motion, which passed unani- seconded the motion, which passed was made by Representative Yonts to 0900012491; Bath County Board of mously. unanimously. consider the contract as reviewed. Education, 0900012746; Coving- KENTUCKY COMMUNITY & DEPARTMENT FOR PUBLIC Representative Horlander seconded ton Independent Board of Education, TECHNICAL COLLEGE SYSTEM: HEALTH: the motion, which passed unani- 0900012748; Hart County Board of Quilogy, KCTPS432; High Mon- Mississippi Foundation for Med- mously. Education, 0900012749; Corbin key Consulting, KCTPS433; Summit ical Care Incorporated, 0800009720. EXEMPTION REQUEST Independent Board of Education, 7 Systems, KCTPS434. Tim Burcham, Charlie Kendell and Irene Centers OFFICE OF THE GOVENER, DE- 0900012975; Jessamine County David Holcomb, and Philip Brashear discussed the contract with the com- PARTMENT FOR LOCAL GOVERN- Board of Education, 0900012976; discussed the contracts with the mittee. A motion was made by Sen- MENT: Larue County Board of Education, committee. A motion was made by ator Carroll to consider the contract The Office of the Governor, De- 0900012977. Representative Yonts to consider the as reviewed. Representative Yonts partment for Local Government re- FISH & WILDLIFE, DEPARTMENT contracts as reviewed. Representa- seconded the motion, which passed quested exemption pertaining to the OF: tive Crenshaw seconded the motion, unanimously. Biennial Requirement GCRC Policy Mammoth Cave Resource Con- which passed unanimously. DEPARTMENT FOR PUBLIC Statement 99-4; seeking extensions servation & Development Area In- KENTUCKY STATE UNIVERSITY: HEALTH: for time only on various projects. corporated, 0800008104; Bat Con- Witt / Kieffer, 1006. Steve Ma- Kentucky Hospital Association, Russ Salsman, Amy Barnes, & An- servation International Incorporated, son discussed the contract with the 1000000519. Charlie Kendell and drew Hartley discussed the exemp- 0900011422. committee. A motion was made Irene Centers discussed the contract tion request with the committee. A HIGHER EDUCATION ASSIS- by Senator Carroll to consider the with the committee. A motion was motion was made by Representative TANCE AUTHORITY, KENTUCKY: contract as reviewed. Representa- made by Representative Yonts to Yonts to approve the request. Rep- Kentucky Higher Educa- tive Crenshaw seconded the motion, consider the contract as reviewed. resentative Crenshaw seconded the tion Student Loan Corporation, which passed unanimously. Senator Carroll seconded the motion, motion, which passed with Senator 0800008374. PERSONNEL-OFFICE OF THE which passed unanimously. Gibson electing to abstain (pass). MILITARY AFFAIRS, DEPART- SECRETARY: MOREHEAD STATE UNIVER- MENT OF: Chapman Kelly Incorporated, SITY: With no further business be- Multi, 0800007930. 1000001089. Walt Gaffield and Fred MML&K Government Solutions, fore the committee, the meeting ad- OFFICE OF THE GOVERNOR, Nelson discussed the contract with 10006. Keith Kappes discussed the journed at 4:52 PM. DEPARTMENT FOR LOCAL GOV- the committee. A motion was made contract with the committee. A mo- ERNMENT: by Representative Yonts to consider tion was made by Representative GOVERNMENT CONTRACT Lee County Fiscal Court, the contract as reviewed. Represen- Montell to consider the contract as REVIEW COMMITTEE 0700004610; City of Stur- tative Montell seconded the motion, reviewed. Senator Carroll seconded Committee Minutes gis, 0700005009; City of which passed unanimously. the motion, which passed unani- March 9, 2010 Clay, 0700005454; Hazard In- UNIVERSITY OF LOUISVILLE: mously. The Government Contract Re- dependent Board of Education, Patricia Campbell, 10027. Mitch- view Committee met on Tuesday, 0800010461; Ohio County Fiscal ell Payne and David Martin discussed TRANSPORTATION CABINET: March 9, 2010, at 4:15 PM, in Room Court, 0800010480; City of Bar- the contract with the committee. A Kentucky Waterways Alliance, 131 of the Capitol Annex. Represen- bourville, 0800011109; Letcher motion was made by Senator Carroll 0900013139. Peggy Stratton and tative Dennis Horlander, Chair, called County Fiscal Court, 0900011323; to consider the contract as reviewed. David Waldner discussed the con- the meeting to order, and the secre- Letcher County Fiscal Court, Senator Tori seconded the motion, tract with the committee. A motion tary called the roll. 0900011324; City of Barbourville, which passed with Senator McGaha was made by Representative Yonts to Present were: 0900011370; Union County Fiscal electing to abstain (pass) consider the contract as reviewed. Members: Senator Vernie Mc- Court, 0900011371; City of Brod- UNIVERSITY OF LOUISVILLE: Representative Horlander seconded Gaha, Co-Chair; Representative Den- head, 0900011407; Floyd County Greenwood/Asher & Associates the motion, which passed unani- nis Horlander, Co-Chair; Senators Fiscal Court, 0900011432; Floyd Incorporated, 10030; Baker & Asso- mously. Julian M. Carroll and Elizabeth Tori; County Fiscal Court, 0900011435; ciates, LLC, 10031; Academic Search TRANSPORTATION CABINET: Representatives Brad Montell and Knott County Fiscal Court, Incorporated, 10032. Mitchell Payne Kentucky Association of Chiefs Brent Yonts. 0900011462; Knott County Fiscal and David Martin discussed the con- of Police, 1000000899. Boyd Sigler Guests: Tonia Wells, Bill Coo- Court, 0900011502; City of Mount tracts with the committee. A mo- and Therese Richerson discussed per, Charles Kendell, Paul Royce, Vernon, 0900011519; Knox County tion was made by Senator Carroll to the contract with the committee. A Rebecca Gillis, Len Peters, Holland Fiscal Court, 0900011809; Knox consider the contracts as reviewed. motion was made by Representative Spade, Hiren Desai, Janet Hartlage, County Fiscal Court, 0900012954; Representative Horlander seconded Yonts to consider the contract as re- Rhonda Sims, David Blackburn, Walt Lincoln Trail Area Development Dis- the motion, which passed with Sena- viewed. Representative Crenshaw Gaffield, Dinah Bevington, Bill Har- trict, 0900013087; Knox County tor McGaha voting NO. seconded the motion, which passed ris, Jane Harrison, Ed Erway, Sharon Fiscal Court, 1000000521; Breathitt UNIVERSITY OF LOUISVILLE: with Senator McGaha electing to ab- Clark, D.J. Wasson, David Holcomb, County Fiscal Court, 1000000950. Advances in Education, 10034. stain (pass). Gwen Joseph, Mike Hill, Ken Mitch- TRANSPORTATION CABINET: Mitchell Payne and David Martin dis- THE FOLLOWING MEMORAN- ell, Ron Alsup, Martha Slemp and Lincoln Trail District Health De- cussed the contract with the commit- DUM OF AGREEMENT WAS SELECT- Mark Robinson. partment, 1000000494. tee. A motion was made by Senator ED FOR FURTHER REVIEW: LRC Staff: Kim Eisner, Matt Ross

THE KENTUCKY GENERAL ASSEMBLY 47 and Becky Brooker. KY PUBLIC SERVICE COMMIS- 0800008549. MENT OF: A motion was made by Repre- SION: PERSONNEL BOARD: Bluegrass Area Development sentative Yonts to approve Minutes BBC Research & Consulting, Edward P. Moores, District, 1000000489; Fivco Area of the February meeting of the com- 1000001127. 0800008402. Development District, 1000000510; mittee. Representative Montell PERSONNEL-OFFICE OF THE TRANSPORTATION CABINET: Multi, 1000000949; Hopkinsville seconded the motion, which passed SECRETARY: Burgess & Niple Incorporated, Surface & Storm Utility, 1000000982; without objection. Blue & Company, LLC, 0700003885; American Engineers Multi, 1000001041. A motion was made by Repre- 1000001418. Incorporated, 0700003893; Vaughn OFFICE OF THE GOVERNOR, sentative Yonts to consider as re- & Melton, C-01318841. DEPARTMENT FOR LOCAL GOV- viewed, the Personal Service Con- TRANSPORTATION CABINET: UNIVERSITY OF KENTUCKY: ERNMENT: tract List, with exception of those H A Spalding Incorporated, Wyatt, Tarrant & Combs, Letcher County Fiscal Court, items selected for further review by 1000001390; T H E Engineers Incor- K10107. 1000000805; Crittenden County Fis- members of the committee. Senator porated, 1000001409. UNIVERSITY OF LOUISVILLE: cal Court, 1000001049; City of Cyn- McGaha seconded the motion, which UNIVERSITY OF KENTUCKY: JRA Incorporated, 09054; En- thiana, 1000001111; Boyd County passed without objection. Stengel-Hill Architecture, vironmental Health Management, Fiscal Court, 1000001125; Marshall A motion was made by Repre- A101100; Hill-Rom, K10138. 09109. County Fiscal Court, 1000001167; sentative Yonts to consider as re- WESTERN KENTUCKY UNIVER- WESTERN KENTUCKY UNIVER- Hopkins County Courthouse, viewed, the Personal Service Contract SITY: SITY: 1000001174; Hopkins County Fiscal Amendment List, with exception of Multi, 091049; Neace Lukens, Ross Tarrant Architects, Court, 1000001175; Pike County those items selected for further re- 091051; Lori Bland, 091053; 080936; Hastings & Chivetta In- Board of Education, 1000001179; view by members of the committee. Houchens Insurance Group, corporated, 080941; Ross Tarrant Johnson County Fiscal Court, Senator McGaha seconded the mo- 091054. Architects, 080985; Contemporary 1000001219; Letcher County Fiscal tion, which passed without objec- Services Corporation, 091010. Court, 1000001224; Floyd County tion. THE FOLLOWING PERSONAL WORKERS CLAIMS, DEPART- Fiscal Court, 1000001226; Floyd A motion was made by Repre- SERVICE AMENDMENTS WERE RE- MENT OF: County Fiscal Court, 1000001229; sentative Yonts to consider as re- VIEWED WITHOUT OBJECTION: Wells Fargo Disability Manage- Louisville Metro Government, viewed, the Memoranda of Agree- DEPARTMENT FOR COMMU- ment, 1000000162. 1000001277; City of Warsaw, ment List, with exception of those NITY BASED SERVICES: 1000001349; Livingston County items selected for further review by Deloitte Consulting, THE FOLLOWING MEMORAN- Fiscal Court, 1000001382; Webster members of the committee. Senator 0800010728. DA OF AGREEMENTS WERE RE- County Fiscal Court, 1000001415; McGaha seconded the motion, which DEPARTMENT FOR ENVIRON- VIEWED WITHOUT OBJECTION: City of Greenup, 1000001419. passed without objection. MENTAL PROTECTION: CORRECTIONS, DEPARTMENT THE FOLLOWING MEMORAN- A motion was made by Repre- Corradino Group, C-04482541- OF: DA OF AGREEMENT AMENDMENTS sentative Yonts to consider as re- 4. Boyle County Detention Center, WERE REVIEWED WITHOUT OBJEC- viewed, the Memoranda of Agreement DEPARTMENT FOR PUBLIC 1000000999; Kentuckianaworks, TION: Amendment List, with exception of HEALTH: 1000001166. ADMINISTRATIVE OFFICE OF those items selected for further re- Norton Healthcare Incorpo- EDUCATION, DEPARTMENT OF: THE COURTS: view by members of the committee. rated, 0700006664; Kentucky Pri- Christian County Board of Eastern Kentucky University, Senator McGaha seconded the mo- mary Care Association Incorporated, Education, 1000001196; Fay- 0900012911. tion, which passed without objec- 1000000204. ette County Board of Education, AGRICULTURE, DEPARTMENT tion. EDUCATION, DEPARTMENT OF: 1000001200; Fulton County Board OF: THE FOLLOWING PERSONAL Jan Marie Fritz, 0800008320; of Education, 1000001201; Gray- Dare to Care Food Bank, SERVICE CONTRACTS WERE RE- Pleasant Green Baptist Church, son County Board of Education, 0800007655; America’s Second VIEWED WITHOUT OBJECTION: 0800008773; Kenton County 1000001202; Hickman County Harvest of Kentucky’s Heartland, ECONOMIC DEVELOPMENT - YMCA, 0900011489; Lotts Creek Board of Education, 1000001204; 0800007657; God’s Pantry Food OFFICE OF THE SECRETARY: Community School, 0900011491; Letcher County Board of Education, Bank Incorporated, 0800007659; Blue & Company, LLC, 22nd Century Technologies Incorpo- 1000001207; Newport Independent Northern Kentucky Area Develop- 1000001100. rated, 1000000330. Board of Education, 1000001209; ment District, 0800007660; Pur- EDUCATION, DEPARTMENT OF: EDUCATIONAL TELEVISION, Pulaski County Board of Educa- chase Area Development District, Kentucky Clean Fuels Coalition, KENTUCKY: tion, 1000001210; Wayne County 0800007666. 1000001116; Boys & Girls Club of John Bacon, 1000000957. Board of Education, 1000001213; DEPARTMENT FOR COMMU- Greater Cincinnati, 1000001194; FINANCE AND ADMINISTRA- Franklin County Board of Education, NITY BASED SERVICES: Lighthouse Promise Incorporated, TION CABINET - DIVISION OF EN- 1000001260; Allen County Board of K e n t u c k i a n a w o r k s , 1000001208; R.C. Durr YMCA, GINEERING: Education, 1000001282; Bowling 0800008693; Community Ac- 1000001211. Tetra Tech Incorporated, Green Independent Board of Educa- tion Kentucky Incorporated, FINANCE AND ADMINISTRA- 0700003392; Hastings & Chivetta tion, 1000001285; Fayette County 0900012751. TION CABINET - DIVISION OF EN- Architects, 0700004255; CDP En- Board of Education, 1000001293; DEPARTMENT OF ENERGY DE- GINEERING: gineers Incorporated, 0800010316; Fleming County Board of Educa- VELOPMENT AND INDEPENDENCE: CMW Incorporated, Peck Flannery Gream Warren Incor- tion, 1000001294; Kenton County Paducah Uranium Plant As- 1000000976; Mactec Engineering & porated, C-05231905-2. Board of Education, 1000001309; set Utilization Incorporated, Consulting, 1000001118. FINANCIAL INCENTIVES, DE- Letcher County Board of Education, 0700003285; Finance & Adminis- FISH & WILDLIFE, DEPARTMENT PARTMENT OF: 1000001312; Mercer County Board tration Cabinet, 1000000159. OF: Potter & Company, LLP, of Education, 1000001314; Paducah EDUCATION, DEPARTMENT OF: Ducks Unlimited Incorporated, 0800008917. Independent Board of Education, Bourbon County Board of Edu- 1000000834. MOREHEAD STATE UNIVER- 1000001318; Pulaski County Board cation, 0800007942; Boyd County INFRASTRUCTURE AUTHOR- SITY: of Education, 1000001323; Rock- Board of Education, 0800007944; ITY: Beach Management Solutions castle County Board of Education, Campbellsville Independent Board Blue & Company, LLC, Incorporated, 10015. 1000001325; Scott County Board of of Education, 0800007948; Corbin 1000001428. NORTHERN KENTUCKY UNI- Education, 1000001328. Independent Board of Educa- KENTUCKY COMMUNITY & VERSITY: FISH & WILDLIFE, DEPARTMENT tion, 0800007963; Covington TECHNICAL COLLEGE SYSTEM: Schoepf & Associates, 77810. OF: Independent Board of Education, Dry Stone Conservancy, OFFICE OF HOMELAND SECU- Cave Springs Resort & Marina 0800007964; Jenkins Independent KCTPS435; Youth Build Louisville, RITY: Incorporated, 0900012869. Board of Education, 0800008317; KCTPS436. Mountjoy & Bressler, LLP, MILITARY AFFAIRS, DEPART- Lee County Board of Education,

48 2010 Interim LEGISLATIVE RECORD 0800008322; Livingston County ITY: with the committee. A motion was contract to the April 2010 meet- Board of Education, 0800008325; Perry County Fiscal Court, made by Senator Carroll to consider ing of the committee. Senator Tori Metcalfe County Board of Education, 0800010408; Letcher County Fis- the contract as reviewed. Represen- seconded the motion, which passed 0800008330; Monroe County Board cal Court, 0900012843; Letcher tative Yonts seconded the motion, unanimously. of Education, 0800008332; Mon- County Fiscal Court, 0900012844; which passed unanimously. THE FOLLOWING PERSONAL ticello Independent Board of Educa- Letcher County Fiscal Court, ECONOMIC DEVELOPMENT - SERVICE CONTRACTS AMEND- tion, 0800008334; Morgan County 0900012845; Letcher County Fiscal OFFICE OF THE SECRETARY: MENTS WERE SELECTED FOR FUR- Board of Education, 0800008335; Court, 0900012856; City of Sebree, The Bagley Group LLC, THER REVIEW: Whitley County Board of Educa- 1000000757. 1000001393. Len Peters and Hol- DEPARTMENT OF INSURANCE: tion, 0800008365; Barren County OFFICE OF THE GOVERNOR, land Spade discussed the contract Anthem Health Plans of Ken- Board of Education, 0800008381; DEPARTMENT FOR LOCAL GOV- with the committee. A motion was tucky Incorporated, 0800009195. Harlan County Board of Education, ERNMENT: made by Senator McGaha to consider Sharon Clark and D.J. Wasson dis- 0800008401; Taylor County Board Henderson County Fiscal Court, the contract as reviewed. Represen- cussed the contract with the commit- of Education, 0800008407; Eliza- 0700004483; Henderson County tative Yonts seconded the motion, tee. A motion was made by Senator bethtown Independent Board of Edu- Fiscal Court, 0700004484; Wayne which passed unanimously. McGaha to consider the contract as cation, 0900011727; Henry County County Fiscal Court, 0700005752; EDUCATION, DEPARTMENT OF: reviewed. Senator Carroll seconded Board of Education, 0900011730; Butler County Fiscal Court, Donna Dietrich, 1000001189. the motion, which passed unani- Anderson County Board of Education, 0800007570; City of Salyersville, Hiren Desai, Janet Hartlage and mously. 0900011731; Floyd County Board of 0800010403; Floyd County Fiscal Rhonda Sims discussed the contract KENTUCKY COMMUNITY & Education, 0900011737; Campbells- Court, 0800010849; Floyd County with the committee. A motion was TECHNICAL COLLEGE SYSTEM: ville Independent Board of Educa- Fiscal Court, 0800010851; Floyd made by Senator McGaha to consider Towers Watson (formerly known tion, 0900011748; Madison County County Fiscal Court, 0800010858; the contract as reviewed. Represen- as Watson Wyatt Worldwide), Board of Education, 0900011750; City of Prestonsburg, 0800010864; tative Yonts seconded the motion, KCTPS409. David Holcomb and Frankfort Independent Board of Edu- Floyd County Fiscal Court, which passed unanimously. Gwen Joseph discussed the contract cation, 0900011756; Pike County 0800011005; Floyd County Fis- Achieve Incorporated, with the committee. A motion was Board of Education, 0900011763; cal Court, 0800011010; Johnson 1000001198; Metametrics Incor- made by Senator Carroll to consider Carter County Board of Education, County Fiscal Court, 0900011372; porated, 1000001421. Hiren De- the contract as reviewed. Represen- 0900011765; Bourbon County City of Elkhorn City, 0900012487; sai, Janet Hartlage and Rhonda Sims tative Horlander seconded the mo- Board of Education, 0900011767; Purchase Area Development District, discussed the contracts with the tion, which passed with Senator Mc- Bourbon County Board of Education, 0900013088; Lake Cumberland Area committee. A motion was made by Gaha voting no and Representative 0900011770; Floyd County Board of Development District, 0900013101; Senator Carroll to defer the contracts Montell electing to abstain (pass). Education, 0900011771; East Ber- Pennyrile Area Development District, to the April 2010 meeting of the MURRAY STATE UNIVERSITY: nstadt Independent Board of Educa- 0900013135; Big Sandy Area Devel- committee. Representative Montell Robert Clark Harris, MD, 00710. tion, 0900011775; Scott County opment District, 0900013138; Bar- seconded the motion, which passed David Blackburn discussed the con- Board of Education, 0900011780; ren River Area Development District, unanimously. tract with the committee. A motion Todd County Board of Education, 0900013181; Buffalo Trace Area was made by Representative Yonts to 0900011783; Madison County Development District, 0900013182; MURRAY STATE UNIVERSITY: consider the contract as reviewed. Board of Education, 0900012030; Northern Kentucky Area Develop- Gary Draper & Associates of Senator Carroll seconded the motion, Mercer County Board of Education, ment District, 0900013183; KIPDA, Atlanta Incorporated, 01710. Da- which passed with Senator McGaha 0900012031; Bell County Board 0900013184; Gateway Area De- vid Blackburn discussed the contract voting no. of Education, 0900012074; Da- velopment District, 0900013186; with the committee. A motion was UNIVERSITY OF KENTUCKY: viess County Board of Education, Kentucky River Area Development made by Senator Carroll to defer the PricewaterhouseCoopers, LLP, 0900012077; Scott County Board District, 0900013189; Cumberland contract to the April 2010 meeting K09167. Bill Harris, Jane Harrison of Education, 0900012079; Bour- Valley Area Development District, of the committee. Representative and Ed Erway discussed the contract bon County Board of Education, 0900013195; Green River Area De- Yonts seconded the motion, which with the committee. A motion was 0900012093; Montgomery County velopment District, 0900013197; passed unanimously. made by Senator McGaha to consid- Board of Education, 0900012097; Bluegrass Area Development District, er the contract as reviewed. Senator Bullitt County Board of Educa- 0900013208; Fivco Area Develop- PERSONNEL-OFFICE OF THE Carroll seconded the motion, which tion, 0900012098; Green County ment District, 0900013209; Harlan SECRETARY: passed unanimously. Board of Education, 0900012101; County Fiscal Court, M-02383528- Conliffe Sandmann & Sullivan, THE FOLLOWING PERSONAL Letcher County Board of Educa- 7. 1000001255. Walt Gaffield and Di- SERVICE CONTRACTS FOR $10,000 tion, 0900012104; Green County WORKFORCE INVESTMENT, nah Bevington discussed the con- AND UNDER WERE SELECTED FOR Board of Education, 0900012105; OFFICE OF: tract with the committee. A motion FURTHER REVIEW: Allen County Board of Education, Madison County Board of Edu- was made by Representative Montell TRANSPORTATION CABINET: 0900012631; Boyd County Board cation, 0800009127. to consider the contract as reviewed. Palmer Engineering Company, of Education, 0900012636; Chris- THE FOLLOWING PERSONAL Senator Carroll seconded the motion, 1000001384. Mike Hill discussed tian County Board of Education, SERVICE CONTRACTS WERE SE- which passed unanimously. the contract with the committee. A 0900012638; Jessamine County LECTED FOR FURTHER REVIEW: UNIVERSITY OF KENTUCKY: motion was made by Senator McGaha Board of Education, 0900012647; DEPARTMENT FOR AGING & Touchpoint Associates, K10136. to consider the contract as reviewed. Livingston County Board of Education, INDEPENDENT LIVING: Bill Harris, Jane Harrison and Ed Er- Senator Carroll seconded the motion, 0900012651; Union County Board Neurobehavioral Resources Lim- way discussed the contract with the which passed unanimously. of Education, 0900012660; Bowling ited,1000000893. Tonia Wells and committee. A motion was made by THE FOLLOWING MEMORAN- Green Independent Board of Educa- Bill Cooper discussed the contract Senator McGaha to defer the con- DUM OF AGREEMENT WAS SELECT- tion, 0900012747; Nelson County with the committee. A motion was tract to the April 2010 meeting of ED FOR FURTHER REVIEW: Board of Education, 0900012821; made by Representative Yonts to the committee. Senator Carroll sec- DEPARTMENT OF ENERGY DE- Elizabethtown Community College, consider the contract as reviewed. onded the motion, which passed VELOPMENT AND INDEPENDENCE: 0900013066; Scott County Board Senator Carroll seconded the motion, unanimously. Kentucky School Boards Asso- of Education, 1000000171; Paints- which passed unanimously. ciation, 1000001115. Ken Mitchell ville Independent Board of Education, DEPARTMENT FOR PUBLIC UNIVERSITY OF KENTUCKY: and Ron Alsup discussed the contract 1000000186; Madison County Board HEALTH: Grant Cooper & Associates, with the committee. There was no of Education, 1000000187; Lou- Kentucky Hospital Research & K10137. Bill Harris, Jane Harrison motion made on this memorandum isville Metro Department of Public Education Foundation, 1000000519- and Ed Erway discussed the contract of agreement; however per KRS.45A, Health & Wellness, 1000000388. 1. Charles Kendell, Paul Royce and with the committee. A motion was the agreement moves forward. INFRASTRUCTURE AUTHOR- Rebecca Gillis discussed the contract made by Senator Carroll to defer the THE FOLLOWING MEMORAN-

THE KENTUCKY GENERAL ASSEMBLY 49 DA OF AGREEMENTS AMENDMENTS ett, Hiren Desai, Janet Hartlage, MEDICAL LICENSURE, BOARD David Buehler, 0800011081. WERE SELECTED FOR FURTHER RE- Larry Stinson, Joanna Lang, David OF: GOVERNOR, OFFICE OF THE: VIEW: Holcomb, Wendell Followell, Cam Donna H. Terry, 1000001554. Wyatt Tarrant & Combs, CORRECTIONS, DEPARTMENT Cantrill, Mike Hill, Craig Farmer, Fran NORTHERN KENTUCKY UNI- 0800008178. OF: Hawkins, Jennifer Linton, Paul Gan- VERSITY: JUVENILE JUSTICE, DEPART- Council On Postsecondary Edu- noe, Captain John Barger, Bob Wise- Crowe Horwath, LLP, MENT OF: cation, 1000000733. Martha Slemp man, Dall Clark, Kelley Webb, Mike 20104623. Medical Staffing Network, and Mark Robinson discussed the Riley, Elizabeth Caywood, David STATE POLICE, DEPARTMENT 0800008679; Paul L. Whalen, contract with the committee. A mo- Gayle, Debbie Anderson, Mike Lead- OF: 0800008709; Keith Hardison, tion was made by Senator McGaha ingham, Robert Hawkins, 1000001461; 0800009116. to consider the contract as reviewed. LRC Staff: Kim Eisner, Matt Ross Stephen C. Humphreys, 1000001462; KENTUCKY COMMUNITY & Senator Tori seconded the motion, and Becky Brooker. Kenneth W. Mayfield, 1000001463; TECHNICAL COLLEGE SYSTEM: which passed unanimously. A motion was made by Repre- Thomas A. Miller, Jr., 1000001464; Alamo Community College Dis- DEPARTMENT FOR AGING & sentative Yonts to approve Minutes Paul D. Oldham, 1000001465; Roy trict, KCTPS419; Cuyahoga Com- INDEPENDENT LIVING: of the March 2010 meeting of the Pace, Jr., 1000001466; Kenneth W. munity College, KCTPS420; Lansing Bluegrass Area Development committee. Representative Montell Perkins, 1000001467; Curtis Pingle- Community College, KCTPS421; District Title III, 0900011879; Buf- seconded the motion, which passed ton, 1000001468; Ricky V. Under- Spartanburg Community College, falo Trace Area Development District, without objection. wood, 1000001469; Rodger L. Wa- KCTPS422; Pellissippi State Commu- 0900011883; Cumberland Valley A motion was made by Repre- ters, 1000001470; Tony R. Wells, nity College, KCTPS423; Henry Ford Area Development District Agency, sentative Yonts to consider as re- 1000001471. Community College, KCTPS424; Dan- 0900011885; Green River Area De- viewed, the Personal Service Con- TRANSPORTATION CABINET: ville Community College, KCTPS425. velopment District, 0900011888; tract List, with exception of those Florence & Hutcheson, KENTUCKY HOUSING CORPO- Kentucky River Area Development items selected for further review by 1000001251; WMB Incorporated, RATION: District, 0900011890; Lake Cum- members of the committee. Sena- 1000001506; Vaughn & Melton Mountjoy Chilton Medley, LLP, berland Area Development District, tor Tori seconded the motion, which Consulting Engineers (Kentucky), In- 201016. 0900011891; Lincoln Trail Area passed without objection. corporated, 1000001508; Palmer En- MEDICAL LICENSURE, BOARD Development District, 0900011892; A motion was made by Repre- gineering Company, 1000001521. OF: Northern Kentucky Area Develop- sentative Yonts to consider as re- UNIVERSITY OF LOUISVILLE: Thomas J. Hellmann, Attorney- ment District, 0900011893; Pen- viewed, the Personal Service Contract Bravura Incorporated, 10050. at-law, P.S.C., 0800010081. nyrile Area Development District, Amendment List, with exception of WORKERS CLAIMS, DEPART- NORTHERN KENTUCKY UNI- 0900011894. A motion was made those items selected for further re- MENT OF: VERSITY: by Representative Montell to consid- view by members of the committee. Underwriters Safety & Claims Ziegler & Schneider, PSC, er the contract as reviewed. Senator Senator Tori seconded the motion, Incorporated, 1000001103. 2010494; Jeffrey Groob, 80210. McGaha seconded the motion, which which passed without objection. THE FOLLOWING PERSONAL PERSONNEL BOARD: passed unanimously. A motion was made by Repre- SERVICE AMENDMENTS WERE RE- Roland P. Merkel, P.S.C., EXEMPTION REQUESTS sentative Yonts to consider as re- VIEWED WITHOUT OBJECTION: 0800008393. The following exemption re- viewed, the Memoranda of Agree- AUDITOR OF PUBLIC AC- PERSONNEL-OFFICE OF THE quests were deferred to the April ment List, with exception of those COUNTS, OFFICE OF THE: SECRETARY: 2010 meeting of the committee: items selected for further review by Simon Underwood & Associ- Price Waterhouse Coopers, LLP, Department of Education Ex- members of the committee. Sena- ates, PSC, 0900013045. 0800009001; Blue & Company LLC, emption Request pertaining to the tor Tori seconded the motion, which DEPARTMENT FOR ENVIRON- 0900012676. Biennial Requirement GCRC Policy passed without objection. MENTAL PROTECTION: REAL ESTATE COMMISSION: Statement 99-4; seeking exemptions A motion was made by Repre- Tetra Tech Incorporated, Core Systems Development In- for Federal Grant Agreements. sentative Yonts to consider as re- 0600002657. corporated, 0800008862. Request for Waiver from the De- viewed, the Memoranda of Agreement DEPARTMENT FOR INCOME TRANSPORTATION CABINET: partment of Juvenile Justice regard- Amendment List, with exception of SUPPORT: Wilbur Smith Associates In- ing youth and specialized those items selected for further re- Jack Edward Allen, M.D., corporated, 0600001467; QK4, medical services. view by members of the committee. 0900012862. 0600001472; Wilbur Smith Associ- With no further business be- Senator Tori seconded the motion, DEPARTMENT FOR NATURAL ates, 0800007020; GRW Engineers fore the committee, the meeting ad- which passed without objection. RESOURCES: Incorporated, 0800007043; Johnson journed at 5:45 PM. THE FOLLOWING PERSONAL Multi, 0800011097. Depp & Quisenberry, C-01167628- SERVICE CONTRACTS WERE RE- DEPARTMENT FOR PUBLIC 6; Burgess & Niple Limited, C- VIEWED WITHOUT OBJECTION: HEALTH: 03273229-1. GOVERNMENT CONTRACT ADMINISTRATIVE OFFICE OF Kentucky Hospital Association, UNIVERSITY OF LOUISVILLE: REVIEW COMMITTEE THE COURTS: 0900011901. CMTA Incorporated, 09087. Committee Minutes Littler & Mendelson, P.C., FINANCE AND ADMINISTRA- WESTERN KENTUCKY UNIVER- April 20, 2010 1000001642; Littler & Mendelson, TION CABINET - DIVISION OF EN- SITY: The Government Contract Re- P.C., 1000001717; Littler & Mendel- GINEERING: Angela Cox, 091016. view Committee met on Tuesday, son, P.C., 1000001740; Gess Mat- Omni Architects, 0600000391; THE FOLLOWING MEMORAN- April 20, 2010, at 10:00 AM, in tingly & Atchison, 1000001744. Stantec Consulting Services Incorpo- DA OF AGREEMENTS WERE RE- Room 171 of the Capitol Annex. DEPARTMENT FOR ENVIRON- rated, 0700003463; Sherman Carter VIEWED WITHOUT OBJECTION: Senator Vernie McGaha, Chair, called MENTAL PROTECTION: Barnhart, 0700003932; EOP Archi- AGRICULTURE, DEPARTMENT the meeting to order, and the secre- Stantec Consulting Services In- tects PSC, 0800011002; Staggs & OF: tary called the roll. corporated, 1000001351. Fisher Consulting Engineers Incor- Multi, 1000001497. Present were: DEPARTMENT FOR MENTAL porated, 0900011701; Luckett & EDUCATION, DEPARTMENT OF: Members: Senator Vernie Mc- HEALTH, DEVELOPMENTAL DIS- Farley Architects Engineers & Con- Mason County Board of Educa- Gaha, Co-Chair; Representative Den- ABILITIES & ADDICTION SERVICES: struction Managers Incorporated, tion, 1000001357. nis Horlander, Co-Chair; Senators ARC of Kentucky Incorporated, 0900012055; M2D Design Group, INFRASTRUCTURE AUTHOR- Julian M. Carroll, Carroll Gibson, and 1000001107. PLLC, 1000000475; Kersey & Kersey ITY: Elizabeth Tori; Representatives Brad FINANCE AND ADMINISTRA- Incorporated, 1000000852; Presnell Mountain Water District, Montell and Brent Yonts. TION CABINET - DIVISION OF EN- Associates Incorporated d/b/a QK4, 1000001494. Guests: Rebecca Cecil, Shel- GINEERING: C-99004368. LIBRARIES & ARCHIVES, DE- ley Meredith, Debbie Newsom, Lora Stantec Consulting Services In- FISH & WILDLIFE, DEPARTMENT PARTMENT FOR: Snider, Shelley Park, Kimberly Puck- corporated, 1000001217. OF: Louisville Free Public Library,

50 2010 Interim LEGISLATIVE RECORD 1000001442. DEPARTMENT FOR PUBLIC ty Board of Education, 0800010378; the contract with the committee. MILITARY AFFAIRS, DEPART- HEALTH: Menifee County Sheriff’s Office, EASTERN KENTUCKY UNIVER- MENT OF: Kentucky Department of Edu- 0800010595; Knox County Fiscal SITY: Gateway Area Development Dis- cation, School Nurse Program, Court, 0800010871; Floyd County Crowe Horwath, LLP, 10063. trict, 1000000506; Barren River Area 0900011848; North Key Community Fiscal Court, 0800010904; Floyd Debbie Newsom, Lora Snider and Development, 1000000509; Green Care, 0900011860. County Fiscal Court, 0800010906; Shelley Park discussed the contract River Area Development District, DEPARTMENT OF ENERGY DE- Floyd County Fiscal Court, with the committee. A motion was 1000000512. VELOPMENT AND INDEPENDENCE: 0800010907; Perry County Fiscal made by Representative Yonts to OFFICE OF THE GOVERNOR, Economic Development, Court, 0800010961; Perry County consider the contract as reviewed. DEPARTMENT FOR LOCAL GOV- 1000000158. Fiscal Court, 0800010968; Floyd Representative Horlander seconded ERNMENT: EDUCATION, DEPARTMENT OF: County Fiscal Court, 0800010999; the motion, which passed unani- Knox Partners Incorporat- Owen County Board of Edu- Floyd County Fiscal Court, mously. ed, 0900012997; Russell County, cation, 0800008338; Clay County 0800011000; Floyd County Fiscal EDUCATION, DEPARTMENT OF: 1000001272; Newport Housing Au- Board of Education, 0900011733; Court, 0800011007; Leslie County Kentucky Science & Technology thority, 1000001278; City of Pikev- Corbin Independent Board of Edu- Fiscal Court, 0800011077; Bell Coun- Corporation, 1000001354. Hiren De- ille, 1000001394; City of Pikeville, cation, 0900011735; Owen County ty Board of Education, 0800011101; sai, Janet Hartlage, Larry Stinson and 1000001395; City of Morganfield, Board of Education, 0900011739; Elliott County Board of Education, Joanna Lang discussed the contract 1000001396; Harlan County Fiscal Jefferson County Board of Education, 0800011185; Pike County Fiscal with the committee. A motion was Court, 1000001404; City of Middles- 0900011752; Fayette County Board of Court, 0800011192; Letcher Coun- made by Representative Montell to boro, 1000001408; City of Lebanon, Education, 0900011753; Trigg Coun- ty Fiscal Court, 0900011326; Floyd consider the contract as reviewed. 1000001426; Henderson County Fis- ty Board of Education, 0900011755; County Fiscal Court, 0900011434; Representative Yonts seconded the cal Court, 1000001458; Green River Hazard Independent Board of Educa- Lawrence County Fiscal Court, motion, which passed unanimously. Regional Independent Development tion, 0900011760; Fayette County 0900011438; Knox County Fis- KENTUCKY COMMUNITY & Authority, 1000001489; Trouble- Board of Education, 0900011761; cal Court, 0900011523; Lawrence TECHNICAL COLLEGE SYSTEM: some Creek Environmental Authority, Fleming County Board of Education, County Fiscal Court, 0900011699; Dean Dorton Ford, PSC, 1000001492; Letcher County Board 0900011768; Lincoln County Board Lawrence County Fiscal Court, KCTPS437. David Holcomb and of Education, 1000001495; Big Sandy of Education, 0900011773; Bowling 0900011700; Lawrence County Fis- Wendell Followell discussed the con- Regional Independent Development Green Independent Board of Educa- cal Court, 0900011703; Lawrence tract with the committee. A motion Authority, 1000001496; Webster tion, 0900011778; Warren County County Fiscal Court, 0900011704; was made by Representative Yonts to County Fiscal Court, 1000001500; Board of Education, 0900011781; Lawrence County Fiscal Court, consider the contract as reviewed. Webster County Fiscal Court, Lee County Board of Education, 0900011705; Lawrence County Representative Horlander seconded 1000001501; Webster County Fiscal 0900011843; Laurel County Board Fiscal Court, 0900011708; City the motion, which passed unani- Court, 1000001502; Hopkins County of Education, 0900012029; Pu- of Pikeville, 0900012503; City of mously. Fiscal Court, 1000001524; Lee Coun- laski County Board of Education, Pikeville, 0900012504; City of Pikev- TRANSPORTATION CABINET: ty Fiscal Court, 1000001602; Floyd 0900012078; Warren County Board ille, 0900012509; City of Pikeville, Hanson Professional Services County Fiscal Court, 1000001610. of Education, 0900012087; Emi- 0900012511; Leslie County Fiscal Incorporated, 1000001431. Mike TRANSPORTATION CABINET: nence Independent Board of Educa- Court, 0900012521; Knox County Hill and Craig Farmer discussed the Mammoth Cave Resource Con- tion, 0900012094; Fayette County Fiscal Court, 0900012955; City of contract with the committee. A mo- servation & Development Area In- Board of Education, 0900012096; Olive Hill, 1000000550. tion was made by Senator Gibson corporated, 1000001441. Fayette County Board of Education, TRANSPORTATION CABINET: to disapprove the contract. Senator THE FOLLOWING MEMORAN- 0900012099; Fayette County Board Commonwealth of Kentucky Carroll seconded the motion, which DA OF AGREEMENT AMENDMENTS of Education, 0900012100; Ashland Personnel Cabinet, 0900012182. passed with Representatives Yonts WERE REVIEWED WITHOUT OBJEC- Independent Board of Education, THE FOLLOWING PERSONAL and Montell electing to PASS. TION: 0900012489; Bath County Board of SERVICE CONTRACTS WERE SE- THE FOLLOWING PERSONAL ADMINISTRATIVE OFFICE OF Education, 0900012634; Bowling LECTED FOR FURTHER REVIEW: SERVICE CONTRACTS AMEND- THE COURTS: Green Independent Board of Educa- COMMISSION FOR CHILDREN MENTS WERE SELECTED FOR FUR- Northern Kentucky Area De- tion, 0900012635; Edmonson Coun- WITH SPECIAL HEALTH CARE THER REVIEW: velopment District, 0900012780; ty Board of Education, 0900012640; NEEDS: DEPARTMENT FOR PUBLIC National Center for State Courts, Treasurer Johnson County Board of University of Louisville Hospi- HEALTH: 1000001124. Education, 0900012648; Lewis Coun- tal, 1000000919. Rebecca Cecil and Maximus Incorporated, AGRICULTURE, DEPARTMENT ty Board of Education, 0900012650; Shelley Meredith discussed the con- 0800006950. Fran Hawkins dis- OF: McCreary County Board of Educa- tract with the committee. A motion cussed the contract with the com- Multi, 0900011602; Multi, tion, 0900012655; Powell County was made by Representative Yonts to mittee. A motion was made by Rep- 1000001497. Board of Education, 0900012657; consider the contract as reviewed. resentative Montell to consider the DEPARTMENT FOR AGING & Trigg County Board of Education, Representative Horlander seconded contract as reviewed. Representative INDEPENDENT LIVING: 0900012659; Metcalfe County the motion, which passed unani- Yonts seconded the motion, which Purchase Area Development Dis- Board of Education, 0900012673; mously. passed unanimously. trict, 0900011874; Barren River Area Owen County Board of Education, EASTERN KENTUCKY UNIVER- FINANCE AND ADMINISTRA- Development District, 0900011884; 1000000138; Mason County Board SITY: TION CABINET - DIVISION OF EN- Fivco Area Development District, of Education, 1000000170. Arch Street Consulting, 10057. GINEERING: 0900011886; Gateway Area De- INFRASTRUCTURE AUTHOR- Debbie Newsom, Lora Snider and Bennett Rosser International, velopment District, 0900011887; ITY: Shelley Park discussed the contract LLC, 0900012990. Jennifer Linton, Kentuckiana Regional Planning, Mountain Water District, with the committee. A motion was Paul Gannoe, and Captain John Barg- 0900011889. 0900011386; Mountain Water Dis- made by Representative Yonts to er discussed the contract with the DEPARTMENT FOR MENTAL trict, 0900012076. consider the contract as reviewed. committee. A motion was made by HEALTH, DEVELOPMENTAL DIS- MILITARY AFFAIRS, DEPART- Representative Montell seconded the Representative Montell to consider ABILITIES & ADDICTION SERVICES: MENT OF: motion, which passed unanimously. the contract as reviewed. Represen- Green River Regional Mental Multi, 0900012807. EASTERN KENTUCKY UNIVER- tative Yonts seconded the motion, Health Mental Retardation Board, OFFICE OF THE GOVERNOR, SITY: which passed unanimously. 0900012112; Pathways Incorporat- DEPARTMENT FOR LOCAL GOV- Nancy Batson of Marc Gold & KENTUCKY COMMUNITY & ed, 0900012118; Mountain Compre- ERNMENT: Associates, 10058; Norciva Shumpert TECHNICAL COLLEGE SYSTEM: hensive Care Center, 0900012119; McLean County Fiscal Court, of Marc Gold & Associates, 10059. Walther, Roark & Gay, PLC, Bluegrass Regional Mental Health 0700004962; Crittenden County Fis- Debbie Newsom, Lora Snider, Shelley KCTPS381. David Holcomb, Wendell Mental Retardation, 0900012874. cal Court, 0800009353; Perry Coun- Park and Kimberly Puckett discussed Followell and Cam Cantrill discussed

THE KENTUCKY GENERAL ASSEMBLY 51 the contract with the committee. A of Education, 1000001326; Rus- which passed unanimously. 1010027, PDT Communications motion was made by Senator Carroll sell County Board of Education, THE FOLLOWING MEMORAN- Limited. to consider the contract as reviewed. 1000001327; Shelby County Board of DA OF AGREEMENTS FOR $50,000 NORTHERN KENTUCKY UNI- Representative Yonts seconded the Education, 1000001329; Perry Coun- AND UNDER WERE SELECTED FOR VERSITY motion, which passed unanimously. ty Board of Education, 1000001331; FURTHER REVIEW: 2010542, KZF Design Incorpo- UNIVERSITY OF KENTUCKY: Greenup County Board of Education, EDUCATION, DEPARTMENT OF: rated. GBBN Architects, A061080. Bob 1000001340; Warren County Board Clinton County Board of Edu- Wiseman and Dall Clark discussed of Education, 1000001343. Hiren cation, 1000001254; Cumber- PERSONAL SERVICE CON- the contract with the committee. A Desai, Larry Stinson and Mike Lead- land County Board of Education, TRACTS FOR $10,000 & UNDER motion was made by Representative ingham discussed the contracts with 1000001257; Jackson Independent LIST Yonts to consider the contract as re- the committee. A motion was made Board of Education, 1000001265; EASTERN KENTUCKY UNIVER- viewed. Senator Tori seconded the by Representative Yonts to consider Crittenden County Board of Educa- SITY motion, which passed unanimously. the contracts as reviewed. Repre- tion, 1000001290; Dawson Springs 10060, Cornerstone Designs In- THE FOLLOWING PERSONAL sentative Horlander seconded the Independent Board of Education, corporated SERVICE CONTRACTS FOR $10,000 motion, which passed unanimously. 1000001291; Edmonson County WESTERN KENTUCKY UNIVER- AND UNDER WERE SELECTED FOR THE FOLLOWING MEMORAN- Board of Education, 1000001292; SITY FURTHER REVIEW: DA OF AGREEMENTS AMENDMENTS Frankfort Independent Board of Edu- 091057 Delta Timing Group JUVENILE JUSTICE, DEPART- WERE SELECTED FOR FURTHER RE- cation, 1000001295; Green County Incorporated; 091058, ETS/Praxis MENT OF: VIEW: Board of Education, 1000001298; Workshops. Dr. L. C. Miccio-Fonseca, DEPARTMENT FOR COMMU- Barbourville Independent Board of Ed- EXEMPTION REQUESTS 1000001281. Kelley Webb and Mike NITY BASED SERVICES: ucation, 1000001301; Jackson Coun- DEPARTMENT OF EDUCATION: Riley discussed the contract with the Bell Whitley Community Ac- ty Board of Education, 1000001303; The Department of Education committee. A motion was made by tion, 0900012090; Daniel Boone Jenkins Independent Board of Educa- requested exemption pertaining to Representative Yonts to consider the Community Action Agency Inc., tion, 1000001307; Menifee County the Biennial Requirement GCRC Pol- contract as reviewed. Representa- 0900012132; West Kentucky Al- Board of Education, 1000001313; icy Statement 99-4; seeking exemp- tive Horlander seconded the motion, lied Services, 0900012150; Audu- Elliott County Board of Education, tions for Federal Grant Agreements. which passed with Senator McGaha bon Area Community Services, 1000001316; Newport Independent A motion was made by Representa- voting NO. 0900012317; Bell Whitley Commu- Board of Education, 1000001317; tive Yonts to approve the request to THE FOLLOWING MEMORAN- nity Action, 0900012318; Big Sandy Paris Independent Board of Educa- September 30, 2012. Senator Tori DA OF AGREEMENTS WERE SELECT- Area Community Action Program In- tion, 1000001319; Science Hill In- seconded the motion, which passed ED FOR FURTHER REVIEW: corporated, 0900012323; Blue Grass dependent School, 1000001333; unanimously. EDUCATION, DEPARTMENT OF: Community Action, 0900012325; Cloverport Independent Board of DEPARTMENT OF JUVENILE Ashland Independent Board of Community Action Lexington Fay- Education, 1000001341; West JUSTICE: Education, 1000001252; Estill Coun- ette, 0900012327; Central Ken- Point Independent Board of Edu- The Department of Juvenile Jus- ty Board of Education, 1000001258; tucky Community Action Council cation, 1000001344; West Point tice requested waiver regarding youth Harrison County Board of Educa- Incorporated, 0900012328; Gate- Independent Board of Education, and specialized medical services. A tion, 1000001261; Knott County way Community Services Organiza- 1000001346; Augusta Independent motion was made by Representative Board of Education, 1000001266; tion, Incorporated, 0900012330; Board of Education, 1000001356. Yonts to approve the request to June Lawrence County Board of Educa- Kentucky Communities Economic Hiren Desai, Larry Stinson, and Mike 30, 2011 and for the agency to sub- tion, 1000001267; Lewis County Opportunity Council Incorporated, Leadingham discussed the contracts mit a written report to the commit- Board of Education, 1000001268; 0900012334; Foothills Community with the committee. A motion was tee on a quarterly basis. Senator Tori Lincoln County Board of Educa- Action, 0900012336; Lake Cumber- made by Representative Montell to seconded the motion, which passed tion, 1000001269; Logan County land Community Services Organiza- consider the contracts as reviewed. unanimously. Board of Education, 1000001273; tion Incorporated, 0900012337; L. Representative Yonts seconded the KENTUCKY INFRASTRUCTURE Marion County Board of Education, K. L. P. Community Action Council, motion, which passed unanimously. AUTHORITY: 1000001274; Montgomery County 0900012338; Licking Valley Commu- DEFERRED CONTRACTS: The Kentucky Infrastructure Board of Education, 1000001276; nity Action Program, 0900012339; MURRAY STATE UNIVERSITY: Authority requested exemption per- Henderson County Board of Educa- Middle Kentucky Community Ac- 01710, Gary Draper & Asso- taining to the Biennial Requirement tion, 1000001279; Adair County tion Partnership Incorporated, ciates of Atlanta Incorporated. A GCRC Policy Statement 99-4; seek- Board of Education, 1000001280; 0900012342; Multi Purpose Com- motion was made by Representa- ing exemptions for LGEDF Coal Sev- Barren County Board of Educa- munity Action Agency Incorporated, tive Yonts to consider the contract erance Grants/Projects. A motion tion, 1000001283; Bell County 0900012343; Northeast Kentucky as reviewed. Representative Montell was made by Representative Yonts to Board of Education, 1000001284; Area Development, 0900012344; seconded the motion, which passed approve the request to July 30, 2012. Carter County Board of Education, NKCAC Incorporated, 0900012345; unanimously. Senator Tori seconded the motion, 1000001286; Clay County Board of Pennyrile Allied Community Servic- The following contracts were which passed unanimously. Education, 1000001287; Coving- es, 0900012346; Community Action deferred to the May 2010 meeting of With no further business be- ton Independent Board of Educa- of Southern Kentucky Incorporated, the committee: fore the committee, the meeting ad- tion, 1000001288; Grant County 0900012348; Tri County Commu- PERSONAL SERVICE CON- journed at 12:15 PM. Board of Education, 1000001296; nity Action Agency, 0900012349. TRACT LIST Grayson County Board of Educa- Elizabeth Caywood and David Gayle EDUCATION, DEPARTMENT OF tion, 1000001297; Hardin County discussed the contracts with the 1000001198, Achieve Incorpo- PROGRAM REVIEW AND Board of Education, 1000001299; committee. A motion was made by rated; 1000001421, Metametrics In- INVESTIGATIONS Hart County Board of Education, Representative Yonts to consider the corporated. COMMITTEE 1000001300; Clark County Board contracts as reviewed. Representa- UNIVERSITY OF KENTUCKY Minutes of Education, 1000001302; Jef- tive Horlander seconded the motion, K10137, Grant Cooper & Asso- December 10, 2009 ferson County Board of Educa- which passed unanimously. ciates The Program Review and Investi- tion, 1000001305; Johnson County EDUCATION, DEPARTMENT OF: EASTERN KENTUCKY UNIVER- gations Committee met on Thursday, Board of Education, 1000001308; Jefferson County Board of Edu- SITY December 10, 2009, at 10:00 AM, in Knox County Board of Education, cation, 0900012646. Debbie Ander- 10058, Nancy Batson of Marc Room 131 of the Capitol Annex. Rep- 1000001310; Meade County Board of son discussed the contract with the Gold & Associates; 10059, Norciva resentative Reginald Meeks, Chair, Education, 1000001311; Pike Coun- committee. A motion was made by Shumpert of Marc Gold & Associ- called the meeting to order, and the ty Board of Education, 1000001321; Representative Montell to consider ates. secretary called the roll. Powell County Board of Education, the contract as reviewed. Represen- KENTUCKY LOTTERY CORPO- Present were: 1000001322; Rowan County Board tative Yonts seconded the motion, RATION Members: Senator John Schickel,

52 2010 Interim LEGISLATIVE RECORD Co-Chair; Representative Reginald The Highly Skilled Educator Pro- to apply the persistent felony of- paid for working or participating in Meeks, Co-Chair; Senators Vernie gram Follow-up Report was approved fender sentences only to persons program assignments inside correc- McGaha, Joey Pendleton, Dan “Mala- by roll call vote upon motion made convicted of violent offenses. tional facilities, the General Assem- no” Seum, Brandon Smith, and Katie by Senator Schickel and second by She said the U.S. Department of bly may wish to consider specifying Kratz Stine; Representatives Dwight Senator Smith. Justice has estimated that 61 percent in statute whether, to what extent, D. Butler, Leslie Combs, Arnold Simp- Cindy Upton presented the re- of inmates in state prisons and 44 and for what purpose deductions son, and Ken Upchurch. port Cost of Incarcerating Adult percent of inmates in local jails have should be made from inmate earn- Guests: Mark Robinson, Direc- Felons. She said the focus of the a mental health problem. About 75 ings. tor, Office of Administrative Services, report is the direct cost to the state percent of these inmates also met Ms. Upton said all 50 states Department of Corrections. Brigid of incarcerating adult inmates in its criteria for substance dependence or operate correctional industries, and DeVries, Commissioner; Julian Tack- custody. She said that some of the abuse. She said that participants in most states compensate inmates for ett, Assistant Commissioner; Ken- recommendations call for the Gen- drug and mental health courts have working in industries. Kentucky in- tucky High School Athletic Associa- eral Assembly to consider revising lower recidivism rates than persons mates earned more than $802,000 tion. Kay Kennedy, Director, Division laws to potentially reduce cost to who receive treatment as usual. Rec- from working in correctional in- of Operations and Transportation; the state, but this is not meant to ommendation 1.2 is that the General dustries in FY 2009. She said some Amy Peabody, Office of Legal, Legis- imply that state cost should be the Assembly may wish to consider pro- states withhold a portion of inmate lative, and Communication Services; only consideration. viding funding to expand the use of earnings for inmate savings, to reim- Denise Hagan, Acting Director; Kar- She said in the 10-year pe- drug and mental health courts. burse the state for room and board, en Erwin, School Nurse Consultant; riod from Fiscal Year 2000 to Fiscal Ms. Upton said one-third of or to pay court fines and restitution. Division of Nutrition and Health Year 2009, the annual cost of cor- state inmates were housed in local Kentucky has no such requirement. Services; Kentucky Department of rections increased by more than 53 jails in FY 2009. The state is required Nationally, about $7 million was de- Education. Sandi Clark, Pediatric and percent, from $294 million to almost to pay the county a per diem for each ducted from inmate earnings in cor- School Nurse Consultant, Depart- $451 million. Even though the cost state inmate after the person is sen- rectional industries in FY 2008. Rec- ment for Public Health, Cabinet for is high, it compares favorably with tenced. Before sentencing, the cost ommendation 3.2 is that if it is the Health and Family Services. Sharon other states. In FY 2007, the cost of of housing the inmates is borne by intent of the General Assembly that Mercer, Practice Consultant; Nathan corrections was 2.4 percent of state the counties, even though the in- inmates working in Kentucky Cor- Goldman, General Counsel; Kentucky spending, lower than or equal to the mates receive credit for time served, rectional Industries be paid, the Gen- Board of Nursing. Debbie McGrath, percentage in all but 12 states. and the state receives the benefit of eral Assembly may wish to consider Executive Director, Epilepsy Founda- Ms. Upton said in FY 2009, the reduced number of days it pays specifying in statute whether, to tion. Stewart Perry, former chair of Kentucky had an average of 22,553 to house the inmates. Recommenda- what extent, and for what purpose the board of the American Diabetes state inmates, of which 53.6 percent tion 2.1 is that the General Assembly deductions should be made from in- Association. were housed in state prisons, 5.5 may wish to consider appropriating mate earnings. LRC Staff: Greg Hager, Commit- percent were housed in contracted funds for the Department of Correc- Ms. Upton said Kentucky’s cor- tee Staff Administrator; Rick Gray- prisons, 33.8 percent were housed in tions to pay counties a per diem for rectional industries are not keeping carek; Christopher Hall; Colleen Ken- local jails, 6.0 percent were housed incarcerating persons who serve time pace with those in other states. In nedy; Van Knowles; Lora Littleton; in contracted halfway houses, and in local jails before being convicted of FY 2008, Kentucky’s net sales were Jean Ann Myatt; Rkia Rhrib; Sarah 1.1 percent were on home incarcera- a felony offense. $12.1 million; the national average Spaulding; Katherine Thomas; Cindy tion. She said the department does Representative Meeks asked was $34.9 million. She said a pos- Upton; Stella Mountain, Committee not house out-of-state inmates and what the counties are spending to sible new industry could be created Assistant. it does not house Kentucky inmates incarcerate state inmates. if prison canteens were operated by Representative Meeks said the in other states. The contracted Lee Ms. Upton said she did not know Kentucky Correctional Industries co-chairs would recommend four Adjustment Center houses inmates the exact amount spent by counties, rather than being managed by prison study topics for adoption by the from Vermont to fill beds not con- but the state pays the counties just wardens. The department is required committee: 1) state role in workforce tracted to the department. The state under $32 per day. by statute to maintain a centralized training for citizens 55 and older, 2) earns no money and incurs no cost Ms. Upton said statute requires canteen operation that is self-sup- transparency of quasi-governmental for the inmates. the department to pay inmates porting for all state and contracted entities, 3) the impact on local taxes She said the number of inmates or their dependents for each day prisons. She said all profits must be and the SEEK formula from private has increased by nearly 49 percent worked outside the prison, with in- used exclusively for the benefit of businesses deeding property to local since FY 2000. The large number of mates having the greatest family de- state inmates, but it is not known governments to qualify for tax free inmates is due, in part, to an increas- pendency being given preference for if Kentucky Correctional Industries municipal bonds, and 4) the effective- ing number of offenses defined as fel- outside work assignments. She said could operate a centralized canteen ness of putting pseudoephedrine be- onies, longer sentences for persons the statute implies that inmate earn- at a lesser cost than the prisons and hind the counter and the Methcheck defined as persistent felony offend- ings from outside work assignments current vendors. Recommendation system in reducing illegal production ers, and a 42 percent recidivism rate. should be used for family support, 3.3 is that the Department of Cor- of methamphetamine in Kentucky. She said national studies have but no statute or department policy rections should conduct a cost-ben- He summarized each topic. Upon shown that the financial cost of in- requires the department to withhold efit analysis to determine the feasi- motion made by Senator Schickel and carcerating nonviolent offenders is money from inmate earnings for fam- bility of operating prison canteens as seconded by Representative Combs, greater than the cost of alternatives. ily support. The department reported a correctional industry. If the results the four study topics were approved As of June 30, 2009, the state had no family support deductions. of the analysis are favorable, the de- by roll call vote. 9,430 inmates who had been con- She said statute requires the partment should centralize the can- Senator Stine commented that victed of nonviolent property and department to specify the amount teen operations under Kentucky Cor- selecting these topics should not drug offenses, some as persistent of compensation an inmate will earn rectional Industries. preclude selecting additional topics felony offenders. They were 42 per- for a governmental services program, Ms. Upton said the federal Prison later. cent of all inmates. The estimated which by definition is performed Industry Enhancement Certification Upon motion made by Senator cost for FY 2009 to incarcerate them outside the prison. She said no stat- Program encourages governments to Schickel and seconded by Represen- was $136.2 million. The estimated ute requires that inmates be paid for develop meaningful employment op- tative Combs, the minutes of the Oc- cost of community supervision by work or educational assignments portunities for inmates by partner- tober 8, 2009 meeting were approved probation and parole officers is $14.5 inside correctional facilities. In FY ing with private industries that need by voice vote, without objection. million, which includes $5.5 million 2009, state inmates were paid about labor. Requirements for certification Upon motion made by Senator to hire, equip, and train new officers. $2.5 million for all assignments not include legislative approval, payment Schickel and seconded by Senator Recommendation 1.1 is that the Gen- associated with Kentucky Correc- of prevailing wages to inmates, and McGaha, the minutes of the Novem- eral Assembly may wish to consider tional Industries. Recommendation a guarantee that inmate employ- ber 12, 2009 meeting were approved reducing the penalties for nonviolent 3.1 is that if it is the intent of the ment will not displace private-sector by voice vote, without objection. offenses and amending KRS 532.080 General Assembly that inmates be workers.

THE KENTUCKY GENERAL ASSEMBLY 53 She said 37 states are certified; the department has recently received across the state that did a great job Mr. Hager said that staff did not have Kentucky is one of the 13 that are federal grant awards to provide a re- providing produce and meat, but that information but that KHSAA not. She said 28 certified states re- entry framework to train staff and have scaled back. He said there are may be able to provide it. ported that inmates earned $40.3 reduce recidivism rates. some opportunities out there. Mr. Hager said KHSAA is a non- million in gross wages in calendar She said the financial cost of The Cost of Incarcerating Adult profit, independent agency. Kentucky year 2008. More than $15.5 million incarceration should not be the sole Felons report was approved by roll is typical of other states in that the was deducted from their earnings to measure of how well a prison sys- call vote upon motion made by Rep- state, in Kentucky’s case through pay room and board to offset the cost tem is managed. A system may have resentative Simpson and seconded the Board of Education, designates of incarceration, to pay restitution to relatively low financial costs but be by Representative Upchurch. an agency to manage high school in- crime victims; to provide financial ineffective in ensuring the safety of Senator Smith asked the com- terscholastic sports. KHSAA is typi- support to families; and to pay lo- the public and inmates and staff. mittee to keep the family of Velma cal in terms of how it is governed, cal, state, and federal income taxes. She said better data on performance Childers in their thoughts. Represen- its number of staff, its major sources More than $3 million was deducted could provide critical information to tative Combs spoke of her experienc- of revenue, and its bylaws related to for inmates’ savings to be used when managers of the system and to mem- es with Ms. Childers and agreed that student athlete eligibility. they are released from prison. bers of the General Assembly as they this would be a great loss. He said the members of KHSAA She said the program offers fi- make policy decisions about the sys- Greg Hager presented the re- are high schools. KHSAA has 279 nancial incentives to inmates. It tem and funding. Recommendation port Kentucky High School Athletic member schools: 232 public, 45 pri- also allows inmates to gain employ- 4.1 is that the Department of Cor- Association. He said that the main vate, and 2 federal. Annual dues de- ment experience and job skills that rections should identify meaningful concerns that led to the report dealt pend on the size of the school, rang- increase the likelihood of getting performance indicators, collect the with governance of the association; ing from $800 to $1,400. a job when they are released. She needed data, and develop bench- finances of the association, particu- He said KHSAA is governed said program participants had lower marks for prisons and the system. larly the cost of contracted legal ser- through a constitution and 33 by- recidivism rates than inmates who The information should be publicly vices; and issues related to eligibility laws. Subjects covered by the con- worked in traditional prison indus- available. of student athletes. Eligibility issues stitution include the duties of the tries or other correctional programs. Senator Pendleton asked if Ms. involved how long it took for the as- commissioner, membership and du- Legislation authorizing the depart- Upton had any idea of the percent- sociation to make eligibility rulings ties of the Board of Control, school ment to operate the program had age of people in county jails or state and KHSAA’s policy that it could membership requirements, manage- been introduced, but the bill did not prisons for drug reasons. Ms. Upton penalize a school and its staff for ment of dues and revenues, and pro- pass. Recommendation 3.4 is that responded that about 30 percent following a court order “that was cedures for amending bylaws. Topics the General Assembly may wish to were in state prisons. determined improper” that allowed covered by the bylaws include eligi- consider authorizing the Department Senator Pendleton said that he a student to play sports after the as- bility; duties of school officials; rules of Corrections to participate in the estimates that 75 to 80 percent of sociation had declared the student and regulations governing contests; federal Prison Industry Enhancement inmates in jail or prison are there for ineligible. This meant in some cases requirements and regulations for Certification Program. drug-related reasons. He said that that penalties were imposed for stu- coaches, schools, and officials; and Ms. Upton said state inmates legislators need to do something to dents ultimately deemed eligible by imposition of penalties. Oversight can earn credits on their sentences rehabilitate prisoners and break the the courts. is the responsibility of the Kentucky for good conduct, educational ac- cycle. If prisoners can be put to work He said this study is unusual in Board of Education, to which KHSAA complishment, meritorious service, and send money to their families, it that KHSAA acted to address some reports regularly. KHSAA has 15 and work on governmental services will help the children. concerns that led to the study before staff, who include the commissioner projects. The credits are deducted Senator Schickel said he was the study was completed. A follow- and four assistant commissioners. from the maximum expiration date pleased with the performance mea- up in the future will be necessary Mr. Hager said KHSAA is a non- of an inmate’s sentence. She said in sures mentioned in Recommendation to make sure the actions are suc- profit. In some years, expenses have FY 2009, inmates received more than 4.1. He asked if any states require cessful, but they appear promising. been greater than revenue. In FY 7.2 million days of credits. Legis- their inmates to work to generate Earlier this year, the Administrative 2009, revenue was greater than ex- lation extending sentence credits to revenue for the state beyond the Regulation Review Subcommittee penses and totaled just over $4 mil- treatment programs that require par- cost of housing the inmate. Ms. Up- deferred approving an update of the lion. He said 70 percent of revenue, ticipation of 6 months or more had ton said there are mostly cost offsets regulation governing KHSAA unless $2.85 million, was from playoff re- been introduced, but the bill did not but few revenue-producing activities its court order policy was reconsid- ceipts from state championships in pass. Recommendation 3.5 is that in other states. ered. He said the association and KHSAA-sanctioned sports; the bulk the General Assembly may wish to Representative Upchurch asked state board of education agreed to do of which was from the boys basket- consider amending KRS 197.045(1) what the per diem was to the coun- so. According to the regulation, KH- ball tournament, totaling $1.8 mil- to award sentence credits to inmates ties and for private prisons. Ms. Up- SAA “shall…not punish or sanction, lion or 44 percent of total revenue. who successfully complete substance ton said the per diem to county jails in any manner, a school, student, Thirteen percent of revenue was from abuse programs or other treatment was $31.34 and the lowest priced coach, or administrator for allowing KHSAA’s corporate partners, 9 per- programs that require participation private prison was $35 per day. a student to play in an athletic con- cent from school dues, and 5 percent of six months or more. Senator Seum asked if furniture test or practice with the team during from fees collected from officials. Ms. Upton said six programs in is still being produced at Eddyville. a time when an order of a court of Mr. Hager said 31 percent of FY particular have been shown to reduce Mr. Robinson said they are producing competent jurisdiction permits the 2009 expenses relate to provision recidivism by more than 10 percent. furniture at other prisons but not at student to participate or otherwise of sports playoffs. About half of the Kentucky uses all these programs. Eddyville. stays or enjoins enforcement of a expenses are for administration, per- They are cognitive-behavioral treat- Senator Seum said he would like KHSAA final decision on eligibility.” sonnel and all other administrative ment in the community for low-risk a list of what is being produced state- He said the association also re- costs. More than 6 percent is for in- sex offenders on probation; intensive wide. Senator Schickel said that a list vised the student eligibility decision surance. The association purchases community supervision with a focus was available on the Department of appeal process this year. Preliminary catastrophic insurance for students, on treatment; cognitive-behavioral Corrections Web site. information is that this reduces the which cost $168,000 in FY 2009. Ex- treatment in prison for sex offend- Senator Seum asked if the state is time taken for appeal cases by weeks. penses related to services for corpo- ers; vocational education in prison; mandated to use products produced KHSAA also hired an in-house coun- rate partners were about 5 percent of drug treatment in the community for by prisoners. Ms. Upton said yes, sel this year. Unless the association’s expenses. drug-involved offenders; and adult unless it is not economically feasible need for legal services increases, this He said the largest item in the drug courts. She said adult drug or does not meet a state need. should reduce expenses for contract- “other administration” category is courts are administered by the Ad- Senator Seum said that the state ed legal services. payment for contracted legal services, ministrative Office of the Courts and should be a great customer of prison Representative Meeks asked if which totaled to $2 million from FY the other programs currently are op- industries. Senator Pendleton said there was detailed expenditure infor- 2002 to FY 2009, 7.3 percent of ex- erated by the department. She said that there are several prison farms mation for contracted legal expenses. penses over this period. Contracted

54 2010 Interim LEGISLATIVE RECORD legal work was done by Greenebaum, officer forwards findings of fact and informed earlier about KHSAA’s time under the new appeal process. Doll, and McDonald, except for pro- recommendation to the commission- transfer rule, the circumstances un- This is a notable improvement over tection of intellectual property. er. Before making a final decision, the der which a rule can be waived, and the previous process, but by August Mr. Hager said 13 of 33 bylaws commissioner may allow additional what documents are needed to jus- 21 the regular season had started for cover athletic eligibility. Most eligi- information to be submitted. This tify waiving the transfer rule under all five fall sports. bility cases involve students trans- process was changed to reduce the each circumstance. This information Mr. Hager said staff analyzed ferring schools. Bylaw 6 covers do- time taken for appeal cases. is on the transfer form, but staff in- 1,798 domestic transfer cases oc- mestic students; Bylaw 7 covers He said, in the previous process, terviews with athletic directors indi- curring over the past 3 years. The foreign exchange students. Under a case would go from the commis- cate that there are no guarantee par- commissioner ruled 66 percent im- both bylaws, students who transfer sioner’s office to the hearing officer ents or students will have met with mediately eligible to play sports. Mr. schools are ineligible for 1 year un- and then to the Board of Control. the athletic director and seen the Hager said 42 percent of students less the student meets specified ex- Because the Board of Control consid- form immediately after enrollment. initially ruled ineligible appealed. Of ceptions. He said there are several ered cases at its monthly meetings, it Recommendation 2.2 is that KHSAA those, 40 percent were ruled eligible exceptions in Bylaw 6 such as par- could take several weeks for appeals should consider creating a document by the Board of Control. Ultimately, ents legally divorcing and a student’s cases to be decided. He said Program that provides a concise explanation 71 percent of students seeking eligi- legal custodial guardian changing by Review staff analyzed transfer cases of the association’s transfer rule that bility under Bylaw 6 were ruled eligi- court order. occurring over the past 3 years to de- details the various circumstances ble. Since ineligible students cannot He said there are at least 12 termine how long it took for different under which the transfer rule can be play or practice, those students who specified exceptions used by other stages of the process and what de- waived, and that describes the sup- appeal may miss part or all of a sport states not found in KHSAA’s Bylaw cisions were made. Because the cur- porting documentation that KHSAA season while waiting for the Board of 6. KHSAA has discretion to waive rent appeals process is new, almost would need to justify waiving the rule Control to issue a final ruling. Staff the transfer rule for reasons in addi- all analyses are based on the previ- under each circumstance. The docu- analyzed decisions to see if there tion to those specified, but it would ous process. Average time for an ap- ment should also encourage any stu- were differences based on whether be clearer to students, parents, and peal, once it was filed, was 33 days dent wishing to participate in sports the student was transferring to a schools if as many of the reasons as under the previous system, and 17 to contact the athletic director at the private or public school, what sports possible could be specified in writ- days under the current system based student’s new school immediately. the student wished to play, and the ing. Recommendation 2.1 is that on preliminary data. This document should be made avail- region in which the student’s new KHSAA should consider expanding Mr. Hager said nearly 2,500 hun- able by the school to the student’s school was located. He also summa- the exceptions to Bylaw 6 based on a dred domestic and foreign students parents at the time the student is en- rized the results for regions. The per- review of specific exceptions allowed sought eligibility rulings to play rolled in the new school. centage of students ruled eligible did by other states. sports at KHSAA member schools Mr. Hager said a student’s abil- vary by region. At least 80 percent Mr. Hager said a paper form is over the past 3 years, an average of ity to play sports the same year he or were ruled eligible in four regions; used to process eligibility decisions. 766 cases per year. Twenty-eight she transfers ultimately depends on less than 60 percent were ruled eli- The process begins with the stu- percent were foreign exchange stu- KHSAA’s eligibility ruling—whether gible in two regions. dent’s new school, called the receiv- dents and 20 percent were domestic the student is ruled eligible. Howev- Mr. Hager said, for this report, ing school. If the student’s previous students transferring from schools in er, it also depends on when KHSAA Program Review staff reviewed the school, called the sending school, other states. More than 90 percent makes its initial ruling, or if the case paper transfer forms for domestic verifies that the student did not pre- of the students transferred to public is appealed, and when the associa- students from the past 3 years. This viously participate in varsity sports high schools. On average, more than tion makes its final decision. Depend- is time-intensive and would not be and the student is otherwise eligible, 200 cases are received in August and ing on the sport a student wants to feasible for KHSAA to do with the then the student is immediately eli- nearly half the cases for the year are play, it is possible that the associa- current number of staff. He said mov- gible and KHSAA need not make a received in July and August. tion could declare a student eligible ing to an electronic system would ruling. Otherwise, both schools are Mr. Hager said Program Review to play too late in the season for the mean cases could be coded by crite- responsible for completing their sec- staff reviewed the paper domestic student to participate. ria of interest to the Board of Con- tions of the form. He said that if the student transfer forms (Bylaw 6) He said that over the past 3 trol. For example, it could quickly sections are done in specified se- submitted to KHSAA over the past years more than 500 eligibility re- be determined whether decisions quence, the form could be sent back 3 years. There were more than 1,600 quests were initiated in July and differed by sport. Another benefit is and forth up to five times before the cases in which signature dates and August for students who wanted to that eligibility cases would reach KH- form is submitted to KHSAA. In prac- date-received stamps allowed staff play fall sports. KHSAA prioritizes SAA sooner. Recommendation 2.3 is tice, the form goes from the receiving to tell how long each step of the eli- such cases, processing them more that KHSAA should consider creat- school to the sending school back to gibility process took. He said within quickly. The main problem is for stu- ing an electronic system for process- the receiving school, which sends it a week after the case was initiated, dents who appeal the initial decision. ing the forms and other information to KHSAA. the commissioner’s office had ruled The new appeals process appears to required to determine the eligibility Representative Meeks asked on 10 percent of the cases; 32 per- be faster, which should help. He said of student athletes. how many transfer cases there are. cent were awaiting the sending that in the past KHSAA sent a let- Senator Stine asked for the cor- Mr. Hager said that there were nearly school’s signature; 46 percent were ter stating the initial eligibility ruling porate partners. Mr. Hager said KH- 2,500 in the last 3 years. signed by the sending school but not to the principals of the sending and SAA would have the information. Mr. Hager said each state has yet mailed to KHSAA; and 11 per- receiving schools. As of November Senator Stine asked what ethical at least one process for students, cent had arrived at KHSAA but no 2009, KHSAA also mails a copy to code guides KHSAA and its dealings or schools on behalf of students, decision had yet been made. Once the student’s current address. This with corporate partners. Ms. Myatt to appeal eligibility decisions. There KHSAA received the transfer forms, may speed up the filing of an appeal. said KHSAA has a code of ethics and are at least 19 due process arrange- the association took 1 week or less He said a hypothetical example a conflict of interest statement in its ments among state activity asso- to make an eligibility ruling in 73 per- illustrates the need for continued operating procedure manual. ciations. KHSAA’s current process, cent of cases. In nearly 50 percent of improvement. If the receiving school Senator Stine asked if the expen- which began in July 2009, appears the cases, however, the association initiated the request for an eligibility ditures on physical plant and equip- to be unique. He said the initial eli- did not receive the required forms ruling on July 1, 2009, in 75 percent ment listed in the report included gibility decision is made by ruling within 2 weeks of the student’s new of cases KHSAA would have made automobiles. Mr. Hager said it in- officers, who are KHSAA assistant school initiating the transfer process. the initial ruling by July 29. By this cludes their building and computers commissioners. A student who is Thirty percent of the forms were not date, practice had already started for but does not include automobiles. ruled ineligible may appeal. A hear- received within 3 weeks; 20 percent four sports. If a student who was Senator Stine asked how many ing is conducted by one of two hear- were not received within 4 weeks. initially ruled ineligible appealed im- automobiles they have. Mr. Hager ing officers at the KHSAA office in He said that the time before mediately, the commissioner would said KHSAA has five. Lexington. Parties to the case may KHSAA receives the transfer form have issued a final ruling by August Senator Stine asked who audits have attorneys present. The hearing could be decreased if parents were 21 based on the average decision their accounts. Mr. Hager said that

THE KENTUCKY GENERAL ASSEMBLY 55 Stivers and Associates is the auditor. Senator Stine asked if employees Stine seconded the motion, which 16-county Passport managed care Senator Stine asked about re- of the association belong to the state was approved by voice vote. region cannot bill Medicaid. gional investigative committees retirement system. Mr. Tackett said The Kentucky High School Ath- He said the reported number of mentioned in the report. She asked employees with college degrees are letic Association report was ap- students known to have asthma and if committee members would be in- in the Kentucky Teachers’ Retirement proved by roll call vote upon motion epilepsy are significantly below the volved in eligibility decisions about System. Others are in the Kentucky made by Representative Simpson and expected numbers, possibly because students at competing schools. Ms. Retirement Systems. seconded by Representative Combs. many students with those conditions Myatt said that they are not decision Senator Stine said that in the Van Knowles presented the re- are able to manage their symptoms makers and would not be making rec- Mitchell case, the school and coach port School Health Services for Stu- without informing the schools. The ommendations if there was a conflict were penalized even though the stu- dents With Chronic Health Condi- reported number for severe allergy of interest. dent was eligible to play sports ac- tions in Kentucky. He said this report overstates the number with truly Senator Stine asked if commis- cording to the courts after prolonged examines the efforts schools make to life-threatening allergy, but schools sioners have any relationship to any litigation. The high school was fined ensure that students with diabetes, have to assume that anyone who school. Mr. Hager said no. $1,500 and the coach was suspend- asthma, severe allergy, and epilepsy might have such an allergy actually Representative Simpson asked if ed for two games. This was done are able to participate in school safe- does. school districts can be assessed for before litigation was complete. She ly and to learn while there. All these Mr. Knowles said multiple fed- the association’s legal fees in eligibil- asked if restitution had been made conditions are chronic and have po- eral and state laws and regulations ity cases. Mr. Hager said yes unless to the school. Ms. DeVries said there tentially life-threatening complica- govern levels of care that schools the school can prove it was not in- was not an appeal by the school and tions; most require some kind of must consider. 1) The Individuals volved in the case. coach, so no restitution has been regular care during school hours. with Disabilities Education Act es- Representative Simpson asked if made. He said the report has eight tablishes the rules for determining KHSAA made the new changes will- Senator Stine said that an injus- major conclusions. 1) Most school the services needed for students ingly or at the insistence of the Ad- tice had been done that has not been personnel and school nurses ap- with significant disabilities affecting ministrative Regulations Review Sub- addressed. She said that Bylaw 33, pear motivated to provide the best their ability to learn, including health committee. Mr. Hager said he did not which allows for the association to possible care for all students. 2) In services for conditions that contrib- know what the association planned require schools to pay its legal fees many schools, health services staff- ute to the education difficulty. 2) to do but his impression from at- in some cases, has a chilling effect. ing is inadequate. Some parents and Most students with chronic health tending a subcommittee meeting She asked if they would consider school staff members have reported conditions would be considered to was that the changes were made at removing this from the bylaws. Mr. inappropriate care or inappropri- have a less severe disability under the insistence of the subcommittee. Tackett said this bylaw was initiated ate limitations on care for students Section 504 of the Rehabilitation Brigid DeVries, Commissioner, by the schools. They will discuss the with chronic health conditions. 3) Act of 1973, which requires schools and Julian Tackett, Assistant Com- removal of the bylaw at the January Multiple federal and state laws and to determine what accommodations missioner, from KHSAA responded board meeting. regulations govern school health ser- are needed to ensure participation in to the report. Ms. DeVries said that Representative Simpson asked vices and leave many open questions school and related activities. 3) Some they concur with the recommenda- how KHSAA decides whether to seek about what services schools are obli- students with chronic health condi- tions and look forward to imple- reimbursement and how much to gated to provide and how they should tions might not be considered to menting them. collect. Ms. DeVries said there has provide them. School districts do not have a disability, but might still need Senator Pendleton said that he been no reimbursement of legal fees fully understand their obligations health services during school and had not received a response to a let- in the past 3 years. and the requirements for providing school activities; they are covered ter he sent to KHSAA. He asked who Representative Simpson asked if health services. 4) The Kentucky De- by KRS 156.502 and other Kentucky has oversight as to where the football the association would support legis- partment of Education (KDE), while statutes. playoff games are played. Mr. Tackett lation to make the requirements of providing some guidance and tech- He said federal disability laws said the home school determines the federal decree regarding compo- nical assistance, does not exercise leave many open questions about where the game is played. In the case sition of the board of control part of oversight of school health services what services schools are obligated referred to by Senator Pendleton, the Kentucky law. Mr. Tackett said the and does not utilize its student in- to provide and how they should pro- home school’s stadium was not ad- board would be amenable to this. formation system effectively to track vide them. Kentucky has resolved equate and the school chose a sta- Representative Upchurch asked health services. Other agencies regu- some open questions but some fed- dium in Tennessee. how frequently they had changed late aspects of school health but do eral ambiguities remain and some Senator Pendleton said that auditors prior to this year. Mr. Tack- not actively monitor services. Co- issues have arisen with Kentucky’s Kentucky schools should not be pro- ett said they had used the same au- ordination has been limited but has laws. Recommendation 2.1 is that viding economic benefits to another ditor every year but changed the lead improved. 5) Local health depart- the General Assembly may wish to state by playing in Tennessee. He staff each year. He said they will now ments employ more school nurses consider establishing or clarifying wanted to see details on the finances. be changing auditors every 3 to 5 than school districts do. Coordina- school health policy in the follow- Mr. Tackett said that he would pro- years. tion with school districts is good in ing areas, within the limits of federal vide the financial information when Representative Upchurch asked many cases, but sometimes health disability laws: 1) minimum staffing it became available. He said he would if there is any reason the state audi- departments and schools disagree on requirements for school health ser- relay Senator Pendleton’s concerns. tor does not audit KHSAA. Mr. Tack- the services needed. 6) Unlicensed vices; 2) the meaning of “any neces- Senator Stine asked who the ett said no one had asked for such school staff supplement nurses in sary arrangement” in KRS 156.502; corporate sponsors are. Mr. Tackett an audit. many school districts in Kentucky 3) whether districts must provide said PNC Bank sponsored the boys Representative Meeks asked and across the country. There is dis- health services at all school-related basketball tournament. Houchens what KHSAA spends on audits. Mr. agreement even within the medical programs and activities; 4) whether Industries and various smaller part- Tackett said they spent $18,000 on and nursing professions on the ex- districts must provide health ser- ners are also partners. He said they audits this year. tent that unlicensed staff should pro- vices in the school a student would try to have sponsors for all events. Senator Stine asked if the Pro- vide care. 7) Many districts cite fund- ordinarily attend; 5) how districts Senator Stine asked how often gram Review and Investigations ing limitations as a reason for limited should provide for students with and by whom is KHSAA audited. Mr. Committee can make a recommenda- health services, but some districts prescriptions for emergency medi- Tackett said they are audited every tion for KHSAA to be audited regu- in relatively impoverished counties cations not mentioned in statute; year. He said they were previously larly by the state auditor. Represen- have exemplary health services. 8) 6) how districts should provide for audited by Miller, Mayer, Sullivan, tative Meeks said yes. Medicaid has become a crucial fund- students with prescriptions for new and Stevens but switched this year Representative Simpson made ing source for school health services treatments not mentioned in stat- to Stivers and Associates. The audit a motion that the Program Review because most health departments ute; 7) how districts should respond is expected to be completed in Janu- and Investigations Committee make can bill Medicaid for school health to parent and physician requests for ary 2010. He said the last five audits a recommendation that the state au- services and school districts cannot. students to carry and self-administer were on their Web site. ditor audit KHSAA regularly. Senator However, health departments in the medications not mentioned in stat-

56 2010 Interim LEGISLATIVE RECORD ute; 8) the discretion districts should He said most school districts UAPs should administer insulin when districts in relatively impoverished have when students with permission also used trained, unlicensed school nurses cannot. Practicing physicians counties have exemplary health to carry medications misuse them; personnel to assist nurses. Some and advocates argued that UAPs can services, often in cooperation with 9) whether there should be a written districts struggled to have an effec- do it as well as parents can. Care for health departments. Most school individual health care plan for all stu- tive model that meets all the require- some students with diabetes is com- districts pay for their health services dents needing routine or emergency ments of school health services. plex and difficult even for parents; it out of the general fund, which con- care; 10) provision to protect physi- Mr. Knowles said several school would be unwise to delegate for such sists primarily of local tax funds and cians who agree to be district medi- districts reported depending on par- students. state education funds. Other sources cal directors; and 11) the role parents ents to provide care to their children Mr. Knowles said questionable include Medicaid, federal disability and their designees, including school at school and especially on field trips. health service practices have been funds, and grants. employees, may have in providing In some schools, parents recruited reported by parents and school staff. He said because of federal dis- health services to their children in and trained school staff to provide Some of these gaps and lapses in ability laws and the Medicaid “free school. care for their children, a practice that care indicate occasional violations of care rule,” schools may not bill Med- Mr. Knowles said KRS 156.502 might be illegal. He said districts may state or federal requirements. For ex- icaid or most insurers for students. states that school health services not require a parent to perform health ample, schools may not always have Health departments may bill Medic- shall be provided by physicians or service tasks and may not deny at- someone present to administer emer- aid because of a federal exemption nurses or unlicensed people they tendance and participation because gency medication for a student with for recipients of Maternal and Child delegate. The overwhelming number of a lack of health services. diabetes or epilepsy as required by Health (Title V) funds, even though of licensed health professionals in He said some school districts Kentucky statute. In some instanc- most other insurers do not cover school districts are registered nurses do not fully understand their ob- es, students with high or low blood their nursing services. As a result, and that is what the report focuses ligations and the requirements for sugar were sent to the office alone to health departments have taken on a on. providing health services, and some receive care. Some schools prohibit greater role, growing by 31 percent He said local health departments appear not to be meeting the mini- students from carrying asthma inhal- between FY 2008 and FY 2009. employ a greater portion of school mal requirements. Recommendation ers despite the statutory procedure Mr. Knowles said private in- nurses than school districts do. Co- 3.3 is that KDE should require all to allow it. Some schools do not al- surance might be another source of ordination with school districts is school districts to submit descrip- low students with diabetes to attend revenue for school health if it would good in many cases, but sometimes tions of their school health services school unless a parent can come to cover nurses who are not under direct health departments and schools dis- models, policies, and procedures and administer insulin. supervision of a physician. School agree on the services needed. The to update them on a regular basis. He said several agencies have health providers also would be able Department for Public Health allows The descriptions should be adequate oversight authority over aspects of to bill for students with disabilities health departments to provide direct to determine whether districts meet school health services, but the agen- if families did not have to pay out of school health services but requires minimum requirements for provid- cies do not actively monitor the way pocket. Recommendation 4.1 is that the health departments to accept ing health services. The department school health services are provided. the General Assembly may wish to full liability for those services. In should include guidance to districts He said the Kentucky Board of Edu- consider whether to require private addition, sharing of student health on these requirements. If necessary, cation and KDE have the primary re- insurers to cover school health ser- information between health depart- the Kentucky Board of Education sponsibility and should take the lead vices provided by registered nurses ments and school districts is restrict- should promulgate regulations to in regulating and overseeing school and licensed practical nurses. It also ed based on a concern with federal authorize such reporting. health services. The department, may wish to consider ways to permit health privacy law. Recommendation Mr. Knowles said that Program while providing some guidance and school health providers to receive 3.1 is that the Department for Pub- Review staff identified 31 issues, in- technical assistance, has not as- reimbursement without requiring lic Health should advise local health cluding some of the issues listed in signed adequate resources to school families to pay out of pocket, so that departments on ways to meet school Recommendation 2.1, which KDE health, does not monitor or exercise the providers may bill for services to district needs with a reasonable li- and the other agencies might resolve. oversight of school health services, students with disabilities. ability risk and to share health infor- Because most of these issues involve and does not utilize its student in- Mr. Knowles said that although mation with the schools as needed. nursing and medical practice, staff formation system effectively to track Medicaid covers school health ser- If necessary, the department should did not propose specific resolutions. health services. Recommendation vices in other parts of the state, the request that the General Assem- Rather, staff recommended that the 3.4 is that the Kentucky Board of Ed- Passport Medicaid managed care or- bly grant liability protection so that agencies work together on a compre- ucation and KDE should take the lead ganization does not. The Passport health departments may better serve hensive solution. to ensure compliance with current region includes Jefferson County and school health needs. He said some of the issues con- and future statutes and regulations. 15 nearby counties. Mr. Knowles said KDE has not cerning Unlicensed Assistive Person- They and the Kentucky Department He said Program Review staff adequately monitored agreements nel (UAP) under KRS 156.502 that for Public Health, Board of Nursing, found that the number of schools per between school districts and health need clarification are that 1) UAPs and Board of Medical Licensure, in nurse and number of students per departments and other contracted must be properly trained and demon- consultation with other stakehold- nurse inside the Passport region were providers. Recommendation 3.2 is strate competency to perform each ers, should collectively review the at least twice as high as outside the that the department should require task; 2) UAPs must be delegated and issues identified in this report. Us- Passport region. Staff also noted that school district agreements with out- supervised by a nurse or physician; ing their respective authorities, school districts’ own expenditures side health service providers to be in 3) UAPs must be assigned to spe- they should develop comprehensive per pupil were higher in the Passport writing. Agreements should describe cific students; and 4) most school school health regulations, advisory region than in any other region. He the responsibilities of both parties personnel may refuse to be UAPs, opinions, and advice for school dis- said payment for school health ser- and be submitted to the depart- unless it is part of their contract tricts, health departments, nurses, vices would have to come from ex- ment. or job description. He said nursing and physicians. These should be isting programs. He said Passport, He said staff identified several regulations and guidelines require a mutually consistent, should address Medicaid, the Department for Public different models for delivering school nurse to evaluate each student and statutory ambiguities, and should Health, and health departments have health services. Many of the models determine whether it is prudent to establish minimum requirements for held discussions. Passport has pro- involved nurses from more than one delegate health service tasks. He said school health services, with flexibil- posed partial coverage, but so far no employer. Of the 168 school districts KDE does not monitor the procedures ity for justifiable variations among agreement has been reached. Rec- responding to information requests, used by districts to delegate and su- districts. If statutory changes would ommendation 4.2 is that the Depart- 49 indicated having nurses from pervise UAPs. be helpful, the agencies should pro- ment for Medicaid Services, Depart- more than one employer, usually in- He said issues regarding del- pose such changes to the General ment for Public Health, local health cluding the district itself. Of those, egation of insulin need clarification. Assembly. departments, and University Health 42 indicated shared responsibility for There is agreement that nurses are Mr. Knowles said many districts Care, Inc., should continue to seek supervision between the school dis- the best choice to administer insulin. cite funding limitations as a reason an equitable method to cover school trict and the other employer. There is disagreement on whether for limited health services, but some health services for students enrolled

THE KENTUCKY GENERAL ASSEMBLY 57 in Medicaid in the Passport region. sity of Louisville to provide a work- nonmedical people who are trained. of poverty, homelessness, and men- If they are unable to reach an agree- shop for school nurses. She wants to work with other groups tal health in Eastern Kentucky. He ment, the General Assembly may Representative Simpson asked across the board to train unlicensed stated that some Appalachian com- wish to consider whether it can es- about attendance at the workshop. people to administer various medica- munities have successfully diversi- tablish a solution within or outside of Ms. Clark said 89 attended this year. tions. fied their economies; some are still the Medicaid managed care waiver. In the previous year, there were more Representative Meeks asked if adjusting to structural changes in Mr. Knowles concluded that dis- than 100 in attendance. there are models for training. Ms. declining sectors; and some severely tricts may look at options for provid- Representative Meeks asked McGrath said yes. She said Kentucky distressed areas still require basic ing adequate care at the lowest cost, if the training is moved around the was the first state to make a law that infrastructure, such as water and including use of UAPs and sharing state. Ms. Clark said it is not due to Diastat may be administered by unli- sewer systems. In 1965, one in three costs with health departments. He the contract with the University of censed personnel. Appalachians lived in poverty. By said some states, such as Virginia, Louisville, but that online training is The meeting was adjourned at 1990, the poverty rate had been cut Tennessee, and Georgia provide ad- available. 1:00 p.m. in half, but not in Eastern Kentucky. ditional funding for school nurses. Representative Meeks asked how The Kentucky Interagency Council South Carolina uses some Title V many nurses would be needed to put POVERTY TASK FORCE on Homelessness results of the Janu- funds to allow school districts to a nurse in every school. Ms. Erwin Minutes of the 4th Meeting ary 24, 2009 Point-in-Time Count of bill Medicaid. He said Medicaid and said most states focus on elementary of the 2009 Interim Homeless Persons show there were some insurers do not cover a second and middle schools, and she can get December 2, 2009 2,825 homeless persons in Louisville prescription for medication or equip- that number for him. The 4th meeting of the Poverty and Lexington, 3,174 in rural Ken- ment needed at school. Representative Meeks asked for Task Force was held on Wednesday, tucky for a total of 5,999. The Third Representative Butler compli- models used in other states. Na- December 2, 2009, at 10:30 AM, in Annual Homeless Assessment Re- mented the report and pointed out than Goldman, General Counsel for Room 154 of the Capitol Annex. Sen- port to Congress (AHAR) reports, in the needs for school health services. the Kentucky Board of Nursing, read ator Brandon Smith, Co-Chair, called Kentucky, that there are three Con- He said he was surprised at the low a written statement. He said the the meeting to order at 10:53 AM, tinuum of Cares or jurisdictions des- number of school nurses per school in board put together its own task force and the secretary called the roll. ignated by HUD, comprised of home- the Passport region in comparison to to study the issue of health care for Present were: less service providers: the Balance of the rest of the state. He asked about school children. He said one of the Members: Senator Brandon State, Lexington/Fayette County, and the training of non-certified person- outcomes of that group is the devel- Smith, Co-Chair; Representative Louisville/Jefferson County. In some nel. Mr. Knowles said those who had opment of a training program that Greg Stumbo, Co-Chair; Senators states, Continuum of Cares that rep- been trained had a fairly high willing- will provide a consistent, standard- Dan “Malano” Seum, Robert Stivers resent more rural portions of a state ness to continue, and nurses said the ized training on medication admin- II, and Johnny Ray Turner; Repre- may also account for a large share training was adequate. istration by unlicensed personnel. sentatives Linda Belcher, Dwight D. of a state’s homeless population. In Representative Butler asked He said the Board of Nursing would Butler, Leslie Combs, C. B. Embry 2007, the majority of homeless per- about the use of emergency medical work with KDE, the Department of Jr., Kelly Flood, Keith Hall, Richard sons in Kentucky were located in the technicians (EMTs) to provide ser- Public Health, and any other inter- Henderson, Martha Jane King, Mary Balance of State Continuum of Care. vices. Mr. Knowles said staff did not ested agency or party to find solu- Lou Marzian, Reginald Meeks, Fred For many decades, social science learn of any districts using EMTs but tions to these issues to insure that Nesler, Kevin Sinnette, Kent Stevens, researchers have known that poverty several were using certified medical school children receive high quality Ken Upchurch, and Addia Wuchner. and mental illness are strongly relat- assistants. health care. Guest Legislator: Representa- ed. The poorer the person, the stron- Representative Butler said the Sharon Mercer, Practice Consul- tive Dennis Horlander. ger likelihood his or her chances are of questionable practices identified in tant for the Kentucky Board of Nurs- Guests: D. W. Bouchard, Ex- having some sort of mental disorder. the report are unacceptable; for ex- ing, said only nurses or physicians ecutive Director, and Jennifer Wee- A report by Mental Health America, ample, sending students with high or can delegate medical duties accord- ber, Hazard/Perry County Commu- Ranking America’s Mental Health: low blood sugar to the office alone. ing to statute. EMTs cannot dictate nity Ministries; Patrick McKiernan, An Analysis of Depression Across He said an informational campaign is to other employees. CADC, Homeless Veterans Outreach the States indicated several statisti- needed. Kay Kennedy, Director of the Representative Butler clarified Coordinator, Kentucky Department cally significant predictors of depres- Division of District Operations, Ken- that EMTs could be on the staff and of Veterans Affairs; Nina Walfoort, sion and suicide rates: Mental health tucky Department of Education, said be designated by a nurse or physician. Director of Marketing, Transit Au- resources - the higher the number a written response to the report had Ms. Mercer said she was surprised thority of River City (TARC); Tawny of psychiatrists, psychologists, and been provided. that not all schools had someone to Acker-Hogg, Program Development social workers per capita in a state, Representative Meeks asked do emergency medications. She was Director, Leslie, Knott, Letcher, Perry the lower the suicide rate; barriers to about the cost of implementing the pleased with the recommendation to (LKLP) Community Action Council, treatment - the lower the percentage recommendations, including how pull departments together to decide Inc.; Melissa Benton, Kentucky In- of the population reporting that they many additional staff would be need- on these issues. teragency Council on Homelessness, could not obtain healthcare because ed. Ms. Erwin said she would provide Stewart Perry, former chair of Executive Director, Kentucky Hous- of costs, the lower the suicide rate this information. the board of the American Diabetes ing Corporation; and Marlene Gor- and the better the state’s depres- Sandi Clark, Pediatric and School Association, read a written state- don, Coalition for the Homeless. sion status. The lower the percent- Nurse Consultant, Department of ment. He said the association sup- LRC Staff: DeeAnn Mansfield, age of the population that reported Public Health, responded to the re- ports administration of medication Lou DiBiase, Amanda Dunn, Mus- unmet healthcare needs, the better port. She said that public health by trained, nonmedical personnel. tapha Jammeh, Carlos Lopes, John the state’s depression status. Mental departments are required to provide He said there should be a compre- Scott, and Gina Rigsby. health treatment utilization - hold- mandated services. School health is hensive policy for all the problems A motion to approve the minutes ing the baseline level of depression an option health departments may with diabetes in a school setting. of the November 16, 2009 meeting in the state constant, the higher the provide if all local mandated servic- Debbie McGrath, Executive Di- was made by Representative Stevens, number of antidepressant prescrip- es have been met. Therefore, some rector of the Epilepsy Foundation seconded by Representative Stumbo, tions per capita in the state, the low- health departments can provide Kentuckiana, said that the number of and approved by voice vote. er the suicide rate. Socioeconomic school health services and others students with epilepsy in the report Douglas W. Bouchard, Hazard/ characteristics - the more educated cannot. She said that when a health is too low. She said her organization Perry County Ministries, and Patrick the population and the greater the department is in the school building, provides school nurse training for ep- McKiernan, CADC, Homeless Vet- percentage with health insurance, it is considered a satellite and may ilepsy and seizure disorders. She said erans Regional Administrator, Ken- the lower the suicide rate. The more bill just as if it were in the health the department needs more than one tucky Department of Veterans Affairs educated the population, the better department. She summarized recent nurse to deal with all the issues such (KDVA) provided testimony on ini- the state’s depression status. Men- training efforts by the department, as diabetes and epilepsy. She said tiatives to serve the homeless. tal Health America suggests the fol- including a contract with the Univer- medication can be administered by Mr. Bouchard gave an overview lowing five public policy solutions:

58 2010 Interim LEGISLATIVE RECORD (1) improve the availability of men- the regulation is changed, it would see how it addresses homelessness people have to be met where they are tal health professionals; (2) reduce allow access to Medicaid dollars and and the poor. Senator Smith asked if and be connected with needed ser- cost and other barriers to mental that would allow someone onsite to Ms. Gordon would send a copy of her vices. When looking at poverty, indi- health treatment; (3) encourage ap- assess people’s needs and make re- testimony and concerns to the task viduals need someone to help them propriate utilization of mental health ferrals, possibly to the regional men- force. through the difficult systems to get therapies; (4) provide a richer socio- tal health centers. Representative Stumbo asked if access to services. economic environment by improv- Representative Meeks asked the 14 regional mental health centers Representative King asked if ing education levels, economic sta- about the function of the 14 re- were different from community ac- medical records for homeless people tus, and health insurance coverage; gional mental health centers and co- tion agencies, and Mr. Bouchard said who migrate from one shelter to an- and (5) legislate mental health ben- ordinating services of providers. Mr. they were different. other were available to make sure efits that are equivalent to that for Bouchard stated that allowing other Steve Shannon, Executive Direc- Medicaid is not doubled charged. physical health. In the mental Health providers to have case management tor, Kentucky Association of Regional Jennifer Weeber from Hazard/Perry America report Kentucky ranked for services would allow a broader Mental Health and Mental Retarda- County Ministries stated that some- 49th. The American Foundation for array of choices and would not cut tion Programs, stated that there is a one would have to give permission Suicide Prevention ranks Kentucky the regional mental health centers network of providers that has access in order to access their medical re- 13th in the United States for rate of out of services but allow them to be to community mental health centers cords. suicides. Kentucky earned an “F” on a part of the continuum of care for in all 120 counties. He said that it Representative King asked about the National Alliance on Mental Ill- individuals. is a great model, but not well imple- access to medical records. Ms. Wee- ness 2009 Report Card. Marlene Gordon, Executive Di- mented. He stated that they would ber said that the individual would According to the Centers for rector for the Coalition for Home- like to embed staff at homeless shel- have to give permission to access Medicare and Medicaid Services, 42 less in Louisville, stated that the 14 ters, provided there was a way to medical records. Ms. Gordon stated CFR § 431.51, Free choice of provid- regional mental health centers were pay for it. He said that they provide that medical records are harder to ac- ers, Section 1902(a)(23) provides formed prior to the explosion to services to one in 25 Kentuckians. cess if someone is coming out of fos- that recipients may obtain services homelessness. He said that there is an inability to ter care or has just been released from from any qualified Medicaid provider Representative Hall said that a access enough resources to support prison. Representative King stated that undertakes to provide the ser- federal Senate health care bill is try- enough individuals without a payor that if an individual’s medications vices to them. A recipient may ob- ing to address mental health needs, source. He stated that Medicaid sys- cannot be monitored, they could end tain Medicaid services from any in- and asked if the legislation would al- tem can meet the demand to provide up back in the judicial system. stitution, agency, pharmacy, person, low the money to go to other ser- services. He said that the community Representative Horlander asked or organization that is qualified to vice providers other than the regional mental health centers have spread if providers had access to the Ken- furnish the services and willing to mental health centers. Mr. Bouchard themselves as thin as possible. tucky All Schedule Prescription Elec- furnish them to that particular re- stated that the regulation does not Representative Marzian stated tronic Reporting (KASPER) system to cipient. 907 KAR 1:515, Section 4, allow for money to go anywhere else the Kentucky Commission on Servic- prevent double coverage for medica- Provider Qualifications, states that but to the 14 regional mental health es and Supports for Individuals with tions. Ms. Weeber stated that the provider participation shall be lim- centers. Mr. Bouchard stated that the Mental Illness, Alcohol and Other KASPER system only covers narcotic ited to the fourteen regional mental proposed federal legislation would Drug Abuse Disorders, and Dual Di- medications, and Medicaid will not health mental retardation centers, li- offer a wide array of mental health agnoses started meeting in 2000 to allow refills on medications until it censed in accordance with 902 KAR services with more choice for indi- come up with a long-term strategy is due. 20:091. viduals. for mental health issues. Mr. Shan- Representative Henderson asked Mr. Bouchard recommends cre- Senator Smith asked if the choice non stated that the Medicaid cost- that a list of the 14 regional mental ating legislation that would enable would be modeled on self determi- based rates have not increased since health centers be provided to the a wide array of community men- nation. Mr. Bouchard stated that 2001 based on fiscal year 1999 dol- task force. Representative Henderson tal health service providers to pro- self determination is very important lars. He said that the mechanism is asked how the centers are funded. vide services. The legislation would within the mental health field. there to provide access to services, Mr. Shannon stated that there are (1) provide impoverished people a Representative Wuchner stated but the problem is the unavailability two pots of money. There is a Med- choice of mental health providers; that she volunteers in a homeless of funds. icaid dollar which CMHC provides to (2) provide services outside of and shelter and approximately 80 per- Representative Stumbo asked cover the bills and is not distributed in addition to the community men- cent of the individuals do not qualify if there is any evidence from other but paid on how services are pro- tal health centers; (3) create a link for Medicaid. She asked if they do states that shows a more competi- vided to Medicaid recipients. There is between new service providers and not qualify for services, how indi- tive system provides a more cost-ef- $25 million state general fund dollars a funding source – Medicaid; (4) al- viduals can get access to treatment. ficient way to provide adequate ser- for community care and support flex- low for free market forces to play a Mr. Bouchard stated that there is a vices with the dollars available. He ible dollars and the board of directors role in the mental health resources of project in Kentucky called SOAR that asked that the information be pro- decide how the money is spent. The Kentucky; (5) allow for entrepreneur- tries to make sure as many people vided to the task force. division of funds is specified in regu- ial opportunities for potential service are qualified for services as possible. Representative Flood asked if lation. providers; (6) provide a wider array He stated he would like to see more more federal dollars are available to Dr. McKiernan gave an overview of mental health services; and (7) than one place or option for mental Kentucky if we diversify access be- of the Homeless Veterans Outreach impact mental health issues of im- health services. Ms. Gordon stated yond the 14 regional mental health Program of the Kentucky Department poverished people earlier and more that one issue is access, not just centers. Mr. Bouchard stated that if of Veterans Affairs (KDVA). Marga- effectively, thereby helping to bring transportation, and she stated that there were a wider array of services ret Plattner, Deputy Commissioner, them out of poverty. the Medicaid service delivery needs and qualified providers willing to pro- KDVA, was available for questions. Senator Smith asked what it was to be examined by the General As- vide services, additional state funds He stated KDVA’s mission is to en- like before 907 KAR 1:515 went into sembly. One huge problem is that would be needed to draw down more sure Kentucky’s 345,000 veterans effect. Mr. Bouchard stated that the mental health services cannot be federal funds. Mr. Shannon stated the and their families receive all the ben- regulation is approximately 30 to 40 provided for an individual during the number of providers does not mat- efits and services they have earned. years old, and he could not find any- two-year gap after foster care ends at ter if state funds are not available for KDVA provides counseling, skilled one who knew what it was like be- age 19 and eligibility for services at the federal match. Ms. Gordon stated nursing care at state veterans’ cen- fore the change. Senator Smith said age 21. During this timeframe, some that the way Medicaid dollars are or ters, dignified interment at state vet- approximately ten percent of the become homeless, addicted to drugs, are not being used leads to barri- erans’ cemeteries, and special pro- individuals in homeless shelters are or have their mental illness worsen, ers. The system was implemented grams for women veterans, homeless veterans, and he asked if the change which costs the state more money to in 1966 but it has not been evalu- veterans and others. Approximately desired in the regulation would affect treat than if treatment could be pro- ated or restricted along the way. The 637,000 adults in the United States the funds that go to the homeless vided immediately. There is a need to population and the need have grown are homeless in a given week and 2.1 shelters. Mr. Bouchard stated that if look at the structure of Medicaid to exponentially. Ms. Gordon said that million adults experience homeless-

THE KENTUCKY GENERAL ASSEMBLY 59 ness over the course of a year. The Veterans Transition Program (IVTP), person in the United States shall on distress of poverty. The council be- Veterans Administration (VA) esti- VA Benefits-disability and pension the grounds of race, color or national gan in 1966 with transportation and mates that nearly 130,000 veterans claims, and Housing and Emergency origin, be excluded from participa- nutrition programs in Leslie, Knott, are homeless on any given night, and Assistance Reaching the Homeless tion in, be denied the benefits of, or Letcher, and Perry (LKLP) counties. 800 to 1,200 of them are in Kentucky KY HEARTH). Barriers to assist the be subjected to discrimination under Currently, the council has 23 on-go- and that there are 3,500 homeless homeless veterans include the 12- any program or activity receiving fed- ing programs in 56 counties across veterans annually in Kentucky. The month rate claim turnaround, federal eral financial assistance. The TARC the Commonwealth and provides VA estimates there are 200,000 in- guidelines for eligibility, VA provides grants provide for equal access to its low-income youth with camp oppor- carcerated veterans in the United very few services to dependent fam- programs and services for all citizens, tunities in the summer. LKLP is one States; which means for the first ily members, employment oppor- ensure that the community under- of the only regional agencies provid- time there are more incarcerated vet- tunities, limited housing subsidies, stands civil rights laws that protect ing services to the most vulnerable erans than homeless veterans. The and substance abuse. Societal and their receipt and benefit of such ser- populations from infancy through following are veteran statistics: (1) community benefits of substance vices as defined by Title VI, explain aging, and providing public and hu- 26 percent of homeless population abuse treatment for veterans out- and provide a process for making a man services transportation delivery are veterans; (2) 33 percent of male weigh costs by four to one, reduces Title VI complaint, and report and (HSTD). Public trips must originate or homeless population are veterans; burdens to the government, reduce ensure compliance every three years. end in the LKLP service area. Anyone (3) 15 percent served before the Viet- criminal activity by up to 77 percent, The main reasons someone uses the who does not have a Medicaid card nam Era; (4) 47 percent served dur- increase employment, improve physi- TARC are to go to work, go to school, or has a Medicaid card, but does not ing the Vietnam Era; (5) 17 percent cal and mental health, reduce medical go to the doctor, or go to the store. meet other eligibility requirements served after the Vietnam Era; (6) 67 costs, provide significant immediate Individuals who ride transit can save for transportation through the HSTD percent served three or more years; and long-term savings, and provide on average $9,190 annually based on brokerage, can call to schedule pub- (7) 33 percent were stationed in a countless gains to the individual and the November 9, 2009 national aver- lic transportation. Public trips need war zone; (8) 25 percent have used his/her family, such as improved re- age gas price and the national unre- to be scheduled 24 hours in advance VA homeless services; (9) 89 percent lationships, increased wellbeing, and served monthly parking rate. Public and no later than 3:00 p.m. the day received an honorable discharge; (10) keeping families together. transportation provides much needed prior to the trip. Drivers make the 85 percent completed high school or Senator Smith asked about rec- access to jobs, health care, and edu- appointed pick-up and take passen- GED compared to 56 percent of non- ommendations to help veterans know cation, increases mobility for people gers to the scheduled destination veterans; (11) 79 percent reside in about available services and benefits. with disabilities and older adults, re- and then return to take them to their central cities; (12) 70 percent suffer Mr. McKiernan stated that a public duces energy consumption, improves next destination. All rates are calcu- from substance abuse problems; (13) service announcement telling vet- air quality, provides an alternative to lated from the origin of the pickup 45 percent suffer from mental illness; erans to obtain their DD Form 214, driving, and offers relief from high to the drop off destination. In 2008, (14) 46 percent are age 45 or older Certificate of Release or Discharge fuel cost. TARC programs include there were 706,763 HSTD trips. compared to 20 percent of non-vet- from Active Duty, and call to see if job hunting trips, ticket assistance The Elderly and Persons with eran homeless citizens. they are eligible for services and ben- for the Coalition for the Homeless, Disabilities Formula Program is au- On July 14, 2000, the Kentucky efits. Senator Smith asked if someone Bikes on Board work trips, assistance thorized by 49 U.S.C. § 5310. The Homeless Veterans Program (KHVP) could go online and find information at job fairs, and travel for training to program makes funding available to was created to develop a statewide to see if a soldier meets the eligibility the Kentucky Refugee Ministries and private, nonprofit organizations and network of services that provide criteria to be considered a veteran and Catholic Charities. associations and designated public treatment for addictions, including, is eligible for benefits. Mr. McKiernan Senator Smith asked the number entities for the purchase of capital but not limited to alcohol, drug use, stated that the DD214 is available of transitional riders, and Ms. Wal- equipment for use in transporting and gambling; services that lead to online, but the homeless population foort stated 15 percent of riders use the elderly and persons with dis- permanent housing; services that does not generally have access to or the transit to go to school and 56 abilities, where existing services are lead to employment; and concerned knowledge of a computer. Shelters percent to jobs. unavailable, insufficient, or inappro- citizens and nonprofit agencies that should be more diligent to find out if Representative Wuchner said priate. This program is designed to provide shelter. KRS 40.340 estab- individuals are veterans or widows of that there are identifications that supplement other capital assistance lished the KHVP with a mission veterans to make sure they access all veterans and seniors can use to help programs by funding transportation to work toward the elimination of available services. A great number of get them to medical appointments. projects for the elderly and persons homelessness and the prevention of Kentucky veterans do not even real- She asked if there is a voucher or fair with disabilities in all areas – ur- the threat of homelessness and its ize they are eligible for benefits. rate that someone impoverished or banized, small urban, and rural. The causes in the veteran population of Representative Belcher said that on Medicaid can get to have medi- goals of the Section 5311, Rural and the Commonwealth. Under the di- she was impressed and said to keep cal access. Ms. Walfoort stated that Non-urbanized Rural Public Trans- rective, the KHVP will request funds up the good work. there is a half-fair for all Medicaid portation Program, are to enhance to obtain, retain, or secure housing/ Nina Walfoort, Director of Mar- trips, but there is no program that the access of people in non-urban- lodging and/or other related support keting, Transit Authority of River picks up people on an emergency ba- ized areas, especially elderly per- needed for homeless or potentially City (TARC), and Tawny Acker-Hogg, sis. Representative Wuchner asked sons, persons with disabilities, and homeless veterans and their depen- Director, Program Development Di- how half-fair rates are supplement- economically disadvantaged persons, dent family members. The Homeless rector, Leslie, Knott, Letcher, Perry ed. Ms. Walfoort stated that is an to health care, shopping, education, Veterans Trust Fund provides pre- (LKLP) Community Action Council, unmandated requirement in Title VI. employment, public services and rec- vention and intervention funds. In Inc., gave presentations on trans- Representative Stumbo asked for reation, assist in the maintenance, 2008, the total HVTF expenditures portation issues for the low-income information about public transporta- development, improvement, and use were $35,349.49 and provided assis- population. tion provided for the distressed or of public transportation systems in tance to 139 veterans and 70 family Ms. Walfoort stated the Tran- impoverished counties listed on page rural and small urban areas. The Sec- members. In 2009, the total HVTF sit Authority of River City’s (TARC) three of Mr. Bouchard’s handout. tion 5316, Job Access Reverse Com- expenditures were $48,203.79 and mission is to explore and implement Ms. Acker-Hogg stated that the mute (JARC) program is under the provided assistance for 166 veterans transportation opportunities that en- LKLP Community Action Council, Federal Transit Administration of the and 75 family members. hance the social, economic, and en- Inc. is designed to be a community United States Department of Trans- State and federal strategies to vironmental well-being of the Greater action service and planning agency, portation. The purpose of the JARC assist homeless veterans include Louisville community. In 2009, there to develop to the fullest potential of grant program is to assist states maximizing federal resources such were 15.1 million TARC customers. the human and natural resources in and localities in developing new or as the Grant and Per Diem Program The TARC has 65 routes in five coun- the four-county area. Although the expanded transportation services for transitional housing, HUD Vet- ties with 255 buses and trolleys and council’s primary focus is the poor, that connect welfare recipients and erans Affairs Supported Housing 89 paratransit vehicles. Title VI, 49 it seeks to actively and substantial- other low-income persons to jobs (VASH), Homeless Veterans Reinte- CFR § 21, is a section of the Civil ly involve all segments of the com- and other employment related ser- gration Project (HVRP), Incarcerated Rights Act of 1964 requiring that no munity in an effort to alleviate the vices. JARC projects are targeted at

60 2010 Interim LEGISLATIVE RECORD developing new or expanded trans- seconded by Representative Hall, Betty Olson, Elmer Olson, Kenneth motion was made and seconded, and portation services such as shuttles, and approved by voice vote. Overhults, Norman Pallarito, Joy the minutes were adopted. Chair- vanpools, new bus routes, connector Representative Henderson stat- Payne, Mary Lou Perry, Jean Phelps, woman Rice informed members that services to mass transit, and guaran- ed that it has been an honor to be Opal Phillips, Nancy Purvis, Clarence the minutes from the September 30, teed ride home programs for welfare able to be a part of the task force, Richardson, Jeane Robertson, Ray 2009, Executive Committee meeting recipients and low-income persons. and he looks forward to continuing Roundtree, Clayton Shannon, Dennis were in their folders for informational Reverse Commute projects provide the work. Shaw, Martha Shircliffe, Berton Sisk, purposes. transportation services to suburban Representative King stated that Fred Smith, Martha Smith, Ted Smith, Chairwoman Rice informed the employment centers from urban, ru- the Pikeville Medical Center has been Paul Steenbergen, Donald Stethen, members of the passing of Commis- ral, and other suburban locations for named the national hospital of the Pat Sutton, Ernest Taylor, Jim Terrell, sion members Rowena Emerson and all populations. In 2008, there were year by the American Alliance of Claude Tiller, Mary Trimble, Roger John Searcy, and asked the members 3,367 JARC trips in a four county Healthcare Providers. Truitt, Joan Veazey, Joe Wahlen, Lil- to review resolutions honoring Ms. service area. The purpose of the New Representative Stumbo thanked lian Weston, Alban Wheeler, and Lil- Emerson and Mr. Searcy for their Freedom grant under Section 5317 is the members for all their hard work. lian Wheeler. public service and accomplishments. to encourage services and facility im- He said that the task force has a bet- Guests: Ron Crouch, Education A motion was made and seconded to provements to address the transpor- ter understanding about poverty is- and Workforce Development Cabi- adopt the resolutions, and the mo- tation needs of persons with disabili- sues and programs that impact the net; Ben Johnson, US Census Bureau; tion was passed. Chairwoman Rice ties that go beyond those required by poor. He said he hopes that the task John Emerson, spouse of deceased informed the Advisory Commission the Americans with Disabilities Act force is able to continue the work and member Rowena Emerson; Rebecca that members of both Ms. Emerson’s (ADA). In 2008, there were 3,615 that as we gain more information on Searcy, spouse of deceased member and Mr. Searcy’s family have been trips in a four county service area. the subject there will be opportuni- John Searcy; Jane Bellucci, daughter invited to attend the evening din- SoGo is a demonstration grant ties at the state level to focus some of deceased member John Searcy; ner session to accept the resolutions the council received in 2008 from the monies into meaningful programs in Bob Mueller, Vice President, Hospa- honoring their loved ones. National Center for Senior Transpor- the future when the economy im- rus Foundation; Debbie Anderson, Chairwoman Rice informed tation, a partnership of Easter Seals proves. There is interest in producing Commissioner, Department for Aging members of the passing of two former and the National Association of Area a long-term strategy from the state and Independent Living, Cabinet for members of the Advisory Commis- Agencies on Aging, supported with level that would be more productive. Health and Family Services; Trey Gray- sion, Peggy Chadwick of Lexington funding from the United States De- A motion to accept the revised son, Kentucky Secretary of State; Les and Joe Bishop of Springfield. Chair- partment of Transportation, Federal draft recommendations and incorpo- Fugate, Assistant Secretary of State; woman Rice informed the members Transit Administration and guidance rate them into the final report was Sarah Ball Johnson, Executive Direc- that Commission member Rebecca from the United States Administra- made by Representative Henderson, tor, Board of Elections; Bill Harned, Baird has resigned the Commission tion on Aging. The council was one seconded by Representative Stumbo, Advisory Council on Consumer Af- due to health problems. of eight grantees chosen to be fund- and accepted by voice vote. A motion fairs, Office of the Attorney General; Chairwoman Rice advised that ed from across the United States to to amend the recommendations to Johnny Cantrell Consumer Credit two new members have been ap- create an innovative program to bet- reauthorize the Poverty Task Force to Counseling Service; Amy Shir, Ken- pointed to the Advisory Commission ter serve senior citizens. meet in the 2010 Interim was made tucky Coalition for Responsible Lend- since the May 2009 meeting. They Some transportation barri- by Representative Hall, seconded by ing; Robert Owens; Anne L. Harrison, are Ralph Souleyret, a Cumberland ers are mountainous terrain, lack of Representative Belcher, and approved Director of Professional Studies, UK Valley Area Development District ap- adequate infrastructure, lack of ad- by voice vote. College of Health Sciences; Bill Nold, pointee from Harlan, and Roger Truitt equate area services, population in There being no further business, Director of Health Division, Office of a Purchase Area Development Dis- outlying areas, and lack of resources, the meeting was adjourned at 1:22 Insurance; D.J. Wasson, Legislative trict appointee from Paducah. both agency and client. More than p.m. Liaison, Office of Insurance; Davey Chairwoman Rice introduced 1.6 million rural households do not King, Kentucky Housing Corpora- Ron Crouch, Director of Research have cars, with the proportion of SPECIAL ADVISORY tion; Kerry L. Conley, Department for and Statistics, Office of Employ- carless households highest in the COMMISSION OF SENIOR Medicaid Services; Gail Mayeux, Of- ment and Training, Education and South, Appalachia, the Southwest, CITIZENS fice of Transportation Delivery; John Workforce Development Cabinet to and Alaska. High carless rural com- Minutes of the 2nd Meeting Dudinskie, Kentucky Office of High- discuss shifts in population growth munities are characterized by persis- of the 2009 Interim way Safety; Barbara Gordon, KIPDA and decline, and demographic trends tent poverty. Transportation needs November 5, 2009 Area Development District; Alisha in Kentucky and across the United to be integrated as a holistic com- The 2nd meeting of the Spe- Johnson, Barren River ADD; Jill Col- States. Mr. Crouch also discussed ponent of all poverty initiatives and cial Advisory Commission of Senior lins; Vivian Craig; and Representative the effects of those trends on the services designed to assist families Citizens was held on Thursday, No- Jeff Greer. economy, transportation, housing, and individuals in their transition to vember 5, 2009, at 1:00 PM, at the LRC Staff: Sheila Mason, Kenny health care, education, public safety self-sufficiency. All newly funded or Capital Plaza Hotel in Frankfort. Lil- Bishop, Katie Carney, Adanna Hydes, and government. refunded poverty initiatives should lian Rice, Chair, called the meeting to Miriam Fordham, Rhonda Franklin, Chairwoman Rice introduced include funding for a transportation order. Emily Bottoms, Eric Kennedy, Char- Ben Johnson of the US Census Bu- delivery system in the program de- Present were: lotte Quarles, Brandon White, Betsy reau to explain the benefits, impor- sign before it is enacted as legislation Members: Lillian Rice, Chair; Bailey, Cindy Smith, Jonathan Scott, tance and processes of gathering in- or is approved in individual govern- Frances Baccus, Mary Barlow, Clus- Jamie Griffin, Sheri Mahan, Linda formation for the 2010 census. Mr. mental departments. ter Belcher, Aaron Cardwell, Velma Hughes, Janice Clark, Sally Everman, Johnson also discussed how that in- Representative Stumbo asked Childers, Douglas Cole, Bertha Dan- Rick Devers, Karen Lile, and Richard formation is used to affect decisions that a list of states that have ad- iels, Norieta Dickerson, Joe Doebler, Rigney. relating to each person’s welfare. dressed the public transportation is- Marsha Dufeck, Carole Dunn, Bob El- Chairwoman Rice welcomed Chairwoman Rice introduced sue be provided to the task force. liott, Carol Fausz, Ed Flanagan, Jane everyone to the Advisory Commis- Debbie Anderson, Commissioner, Senator Smith asked that Ms. Fugate, Rufus Fugate, Barbara Ger- sion’s second semiannual meeting for Department for Aging and Inde- Walfoort and Ms. Tawny-Hogg get main, Margaret Gilland, Gloria Hall, 2009 and introduced the head table. pendent Living, Cabinet for Health together and come up with recom- Helen Hansford, Bill Harned, Edna Chairwoman Rice informed mem- and Family Services, to bring a brief mendations for a public transpor- Hawkins, Bobby Hazen, Don Helton, bers that the minutes from the Ad- greeting and update from the depart- tation system that could be used Faye Hensley, Marty Herbert, Jim visory Commission’s May 7-8, 2009, ment. Commissioner Anderson ad- statewide. Heth, Eleanor Holbrook, Betty Huff, meeting had been mailed earlier and vised that the Department for Aging A motion to recognize the ac- James Huff, Gayle King, Lee King, Ray were in their folders. She asked for and Independent Living was spared complishments of Mudd Creek Clinic Kremer, Gina Loxley, Phillip Martin, any proposed additions or deletions. from the last round of budget cuts, and the work of its founders was Denver Moore, Jerry Moser, Henry Chairwoman Rice asked for a motion but still faces a large deficit and po- made by Representative Wuchner, Mosley, Jack Niece, Vivian Niece, to adopt the minutes as presented. A tential future budget cuts. She also

THE KENTUCKY GENERAL ASSEMBLY 61 informed members that requests for reported that the Nominating Com- Prohibit up-front fees, (4)Urge the General Assembly assistance and reports of elder abuse mittee had nominated Norman Pal- Written contracts, to address necessary assistance for are up across Kentucky. larito and Douglas Cole as candidates Consumer Disclosures/right to seniors when enrolling in Medicare Chairwoman Rice made a few for chair of the Special Advisory cancel, Part D, appropriating federal funds concluding remarks and announce- Commission of Senior Citizens. Mr. Clear enforcement authority for including stimulus money for tech- ments, then adjourned the opening Cole also reported that the Nominat- OAG and nology to the Senior Centers for ac- general session to allow the Advi- ing Committee had nominated Bar- Privacy protections. cess to Medicare.gov and staffing to sory Commission subcommittees to bara Germain, Bertha Daniels and Bill A motion to adopt the subcom- assist seniors in selecting a prescrip- convene. Harned as candidates for vice chair. mittee’s report and recommendations tion plan. Chairwoman Rice convened the The floor was opened for additional was made, seconded, and passed on A motion to adopt the subcom- dinner session by welcoming every- nominations. None were made. a voice vote. mittee’s report and recommendations one and introducing those seated A motion to adopt the Nomi- was made, seconded, and passed on at the head table. Chairwoman Rice nating Committee’s report was Subcommittee on Health and a voice vote. recognized Fred Smith to give the in- made, seconded, and passed on a Human Services Subcommittee on Taxation vocation. voice vote. Mr. Cole then withdrew (Reported by Ms. Edna Hawkins, (Reported by James Huff, Sub- After dinner, Chairwoman Rice his name from nomination. Subcommittee Chair) committee Chair) recognized Ms. Mason for introduc- Chairwoman Rice introduced The Subcommittee on Health The Subcommittee on Taxation tion of the legislative hosts for the each of the subcommittee Chairs to and Human Services adopted the fol- adopted the following recommenda- evening. Ms. Mason recognized Sen- present their subcommittee’s report lowing recommendations: tions: ator Tom Buford; Senator Julian Car- for adoption by the full membership. (1)With the understanding that (1)That the General Assem- roll; Representative Derrick Graham, The Advisory Commission adopted there are 20,600 seniors on waiting bly enacts legislation to provide tax and Representative Fred Nesler. the following subcommittee reports. lists for services, urge the 2010 Gen- credits to an individual caregiver who Chairwoman Rice recognized Subcommittee on Consumer Af- eral Assembly to maintain current cares for a chronically ill person in John Emerson, spouse of deceased fairs funding for the Department for Aging that person’s home, or in the care- Advisory Commission member Ro- (Reported by Claude Tiller, Sub- and Independent Living to provide giver’s home. wena Emerson, and Rebecca Searcy committee Chair) services to seniors and continue to (2)That if the General Assembly and Jane Bellucci, spouse and daugh- The Subcommittee on Consumer look for additional revenue sources. imposes a sales tax on services or in- ter of deceased Advisory Commis- Affairs adopted the following recom- (2)Urge support of the Area creases the general sales and use tax sion member John Searcy. Both fami- mendations: Agencies on Aging and Independent rate, a percentage of the increased lies were presented with resolutions (1)Urge the 2010 Kentucky Gen- Living in the statewide implementa- tax receipts be earmarked for senior honoring the service of the deceased eral Assembly to provide adequate tion of a universal plan of care for the services. members. Mr. Emerson and Mrs. funding in the 2010-2012 biennial delivery of services. A motion to adopt the subcom- Searcy each shared a few words of budgets to restore the budget cuts (3)In light of the 43,195 adult mittee’s report and recommendations remembrance and thanks. in the 2008, 2009, and 2010 fiscal abuse cases reported in 2008 and was made, seconded, and passed on Vice Chairman Norman Pallarito years; and in addition increase the the unreported cases, urge the 2010 a voice vote. introduced Bob Mueller, Vice Presi- appropriations to AAA by at least General Assembly to support legisla- Subcommittee on Transporta- dent, Hosparus Foundation, as the 10% per year in the 2010-2012 bi- tion to establish an adult abuse reg- tion guest speaker for the evening. Mr. ennial budgets. istry. (Reported by Fred Smith, Sub- Mueller titled his presentation after (2)Urge the 2010 Kentucky (4)Urge support of the Depart- committee Chair) his published article, “Fifteen Ways General Assembly to direct the es- ment for Aging and Independent Liv- The Subcommittee on Transpor- to Get the Most Out of Life.” tablishment of an early voting option ing to emphasize cost sharing when tation adopted the following recom- Chairwoman Rice thanked Mr. for eligible voters. appropriate for Title III programs to mendations: Mueller for his remarks and ad- (3)Urge the Kentucky General increase services to seniors and de- (1)Prohibit the use of hand-held journed the dinner session with a Assembly to enhance consumer pro- crease waiting lists. communication devices with the ex- few remarks and announcements. tection measures in the current “pay A motion to adopt the subcom- clusion of emergency personnel. Following the conclusion of the day lending” statutes KRS Chapter mittee’s report and recommendations (2)Recommend that the Gen- subcommittee meetings on Friday, 286 to include the following provi- was made, seconded, and passed on eral Assembly appropriate sufficient November 6, 2009, Chairwoman Rice sions: a voice vote. funds to ensure available federal convened the closing general ses- Limit interest on short-term Subcommittee on Insurance matching funds for use in the state’s sion at 10:30 a.m. Chairwoman Rice loans to 36 annual percentage rate; (Reported by Barbara Germain, public transportation programs, welcomed members and guests and Substitute the term “short- Subcommittee Chair) state funding for Area Agencies on introduced those seated at the head term” loan for deferred deposit trans- The Subcommittee on Insurance Aging support Senior Programs, and table. She then introduced Deputy actions; adopted the following recommenda- for Area Agencies on Aging that sup- Commissioner Bill Cooper to provide Limit borrowers to one short- tions: port Senior Programs. an update on the Cabinet for Health term loan at a time, up to $500; (1)Urge the General Assembly A motion to adopt the subcom- and Family Services’ Department for Extend the minimum term of a to provide continuation funding at mittee’s report and recommendations Aging and Independent Living. short-term loan to 30 days; the current level for Area Agencies was made, seconded, and passed on Mr. Cooper thanked the Advi- Limit borrowers to one short- on Aging to support Senior Programs a voice vote. sory Commission for the opportunity term loan every 90 days; due to the current economic climate, Chairwoman Rice thanked all to speak and updated the Commis- Prohibit licensees from making but urge the General Assembly to for taking the time to attend the sion on the Department’s programs, short-term loans by telephone, mail, increase much needed funding to November meeting. She announced activities and challenges as requests or internet; and prohibit licensees at least 5% when the economy im- that the next semiannual meeting is for services continue to increase. from accessing borrowers banking proves. tentatively scheduled for May 13-14, He also encouraged members to be accounts electronically; (2)To require long-term care in- 2010. There being no further busi- informed and involved by commu- Provide for enforcement by the surance carriers to submit rate in- ness, the meeting was adjourned. nicating with their local and state Office of Financial Institutions or At- creases to the Attorney General, as officials. After his presentation, Mr. torney General, and allow borrowers well as the Office of Insurance, to SPECIAL ADVISORY Cooper received questions and com- to take legal action if loans violate allow intervention by the Attorney COMMISSION OF SENIOR ments from Advisory Commission the statute. General as needed. CITIZENS members. Chairwoman Rice thanked (4)Urge the Kentucky General (3)Urge the General Assem- Subcommittee on Consumer Affairs Mr. Cooper for his remarks. Assembly to amend KRS-380 ad- bly to continue to address the state Minutes of the 2nd Meeting Chairwoman Rice recognized dressing practices of debt adjusters. employee and other state supported of the 2009 Interim Douglas Cole to report on the Nomi- Modifications recommended for in- retirement system funding including November 5, 2009 nating Committee’s actions. Mr. Cole clusion are insurance benefits. The 2nd meeting of the Special

62 2010 Interim LEGISLATIVE RECORD Advisory Commission of Senior Citi- mission Senior Citizens met on Fri- torney General, and allow borrowers ploring ways to continue to provide zens Subcommittee on Consumer day November 6, 2009, at 8:30 AM, to take legal action if loans violate services. These issues include cost Affairs was held on Thursday, No- in Assembly Ball Room III in the Cap- the statute. sharing; shifting eligible individuals vember 5, 2009, at 2:30 PM, in As- ital Plaza Hotel. Claude Tiller, Chair, 4) Urge the General Assembly to from state General Fund programs to sembly Ball Room III in the Capital called the meeting to order, and the amend KRS-380 addressing practices Medicaid for long-term care services; Plaza Hotel. Claude Tiller, Chair, secretary called the roll. of debt adjusters. Modifications rec- hospital discharge planning; creating called the meeting to order, and the Present were: ommended for inclusion are: an elder abuse unit with dedicated secretary called the roll. Members: Claude Tiller, Chair; Prohibit up-front fees, funding; increasing the number of Present were: Aaron Cardwell, Norietta Dickerson, Written contracts, volunteers; establishing a universal Members: Claude Tiller, Chair; Gloria Hall, Bill Harned, Faye Hens- Consumer disclosures/right to plan of care and single entry demon- Aaron Cardwell, Norietta Dickerson, ley, Marty Herbert, Lee King, Joan cancel, stration project; establishing a self Gloria Hall, Bill Harned, Faye Hensley, Veazey. Clear enforcement authority for directed care option in the Homecare Marty Herbert, Jim Heth, Lee King, Guests: Trey Grayson, Secretary OAG and program; a long-term care awareness Joan Veazey. of State. Privacy protections. project; and addressing Alzheimer’s Guests: Amy Shir, Chairperson, LRC Staff: Adanna Hydes and There being no further business, care training and the need for Al- Kentucky Coalition for Responsible Betsy Bailey. the meeting adjourned. zheimer’s care in the future with the Lending; Bill Harned, Advisory Coun- Trey Grayson, Secretary of State, aging baby boomers. cil of Consumer Affairs, Office of discussed early voting options for SPECIAL ADVISORY Dr. Anne Harrison discussed Attorney General; Johnny Cantrell, seniors and persons with disabilities. COMMISSION OF SENIOR the fall prevention program for older Consumer Credit Counseling Ser- Secretary Grayson said that he is a CITIZENS adults that has been initiated as part vices. proponent of early voting options. Subcommittee on Health and Human of the Kentucky Safe Aging Coalition. LRC Staff: Adanna Hydes and Evidence from states where a system Services Falls are the most common cause of Betsy Bailey. for early voting has been implement- November 5, 2009 injury-related death in older adults; The Subcommittee on Consum- ed may indicate increased voter turn- The meeting of the Subcommit- affect 30 percent of adults over 65 er Affairs began its Thursday after- outs. He provided background infor- tee on Health and Human Services of each year; are the most common noon session with a discussion on mation on elements that have been the Special Advisory Commission of cause of non-fatal injuries in older setting loan caps at 36% for pay day viewed either positively or negatively Senior Citizens was held on Thurs- adults; are the seventh leading cause loans. Ms. Amy Shir, Chairperson for and that prevented the implementa- day, November 5, 2009, and Friday, of death in people over 75; and, as the Kentucky Coalition for Respon- tion of early voting options. November 6, 2009 at 2:30 PM, and a result, drive up medical costs. In sible Lending, led the discussion and The Subcommittee on Consum- 8:30 AM respectfully, at the Holiday Kentucky, on a daily basis in 2007, provided the subcommittee mem- er Affairs urges the Commission to Inn, Capital Plaza Hotel in Frank- falls involving people aged 65 or older bers with interesting and persuasive continue as its top priority increased fort, Kentucky. Edna Hawkins, Chair, resulted in 60 outpatient encounters, testimonials and facts related to the funding for AAA. The following rec- called the meeting to order, and the 16 hospitalizations, and between impact of high interest loans on Ken- ommendations were presented to secretary called the roll. eight and nine hip fractures. It is tuckians. the Special Advisory Commission on Present were: estimated that almost 23,000 older The Subcommittee on Consum- Senior Citizens: Members: Edna Hawkins, Chair; adults are treated in Kentucky’s hos- er Affairs has followed this issue for Urge the 2010 Kentucky General Frances Baccus, Joe Doebler, Bob El- pitals as outpatients and 6,000 are several years identifying the negative Assembly to provide adequate fund- liott, Carol Fausz, Helen Hansford, hospitalized from falls. In 2006, falls impact that predatory lending has on ing in the 2010-2012 biennial bud- Betty Huff, Ray Kremer, Phillip Mar- among older adults resulted in $142 Kentucky’s families. The 2009 Gen- gets to restore the budget cuts in the tin, Vivian Niece, Betty Olson, Opal million in hospital inpatient charges. eral Assembly passed HB 444 which 2008, 2009 and 2010 fiscal years; Phillips, Lillian Rice, Jeane Robert- Data is now available on-line for falls began a monitoring and tracking pro- and in addition increase the appro- son, Pat Sutton, Ernest Taylor, and among older adults in each county. gram for pay day loans, but the sub- priations to AAA by at least 10% Mary Trimble. Some of the risk factors for falls committee recommended an amend- per year in the 2010-2012 biennial LRC Staff: Miriam Fordham, Jon- include reduced balance; decreased ment to the bill to provide additional budgets. athan Scott, and Cindy Smith. strength in the lower extremities; consumer protection enhancements. Urge the 2010 Kentucky General The Health and Human Services unstable gait; and cognitive issues. The council has been reviewing Assembly to direct the establishment Subcommittee focused on two top- Medical conditions such as arthri- regulations for the practice of debt of an early voting option for eligible ics during its Thursday meeting: (1) tis; a central nervous condition like management and found that several voters. a presentation on the 2010 legisla- Parkinson’s or stroke; visual impair- areas should be investigated. As peo- tive agenda for services to seniors, ment; dizziness; and reduced sensa- ple are struggling with the economy, Urge the Kentucky General As- provided by Deborah Anderson, tion also play a role. Other risk fac- unscrupulous businesses are seeking sembly to enhance consumer protec- Commissioner, Department for Ag- tors include taking more than four those families in financial crisis and tion measures in the current “pay ing and Independent Living; and, (2) medications daily, improper assistive are finding loop holes in the current day lending” statutes KRS Chapter a presentation on the fall prevention devices, and environmental hazards. provisions. Bill Harned, a member of 286 to include the following provi- program for older adults, provided by Interventions to prevent falls include the subcommittee, who serves on the sions: Dr. Anne Harrison, Director of Pro- strengthening and balance programs; Attorney General’s Advisory Coun- Limit interest on short-term fessional Studies at the University of medication adjustment; updating cil on Consumer Affairs, introduced loans to 36 annual percentage rate; Kentucky. eyeglasses; home assessment and Johnny Cantrell, Consumer Credit Substitute the term “short- Commissioner Deborah Ander- modification of environmental haz- Counseling, who provided additional term” loan for deferred deposit trans- son discussed the outlook for DAIL ards; and awareness campaigns. Dr. information on debt management actions; in the upcoming legislative session. Harrison also stressed the need for and what consumers should look for Limit borrowers to one short- The state’s current budget situation, public policy solutions and advo- in a financial services representative. term loan at a time, up to $500; the $1.1 billion deficit, has put the cacy. Several of these criteria are being rec- Extend the minimum term of a department in survival mode. There During the session on Friday, the ommended as statutory changes in short-term loan to 30 days; are four issues that the department subcommittee discussed and formu- KRS 380. Additionally, Mr. Cantrell Limit borrowers to one short- is dealing with: budget cuts, a hiring lated the slate of legislative recom- provided an overview of pending term loan every 90 days; freeze, a waiting list for services, and mendations. The subcommittee’s federal changes in credit card provi- Prohibit licensees from making a lack of resources. Most of the leg- legislative recommendations are as sions that will take effect in February short-term loans by telephone, mail, islation that the Cabinet for Health follows: 2010. or internet; and prohibit licensees and Family Services will be focusing (1)With the understanding that The subcommittee recessed un- from accessing borrowers banking on is clean up legislation rather than there are 20,600 seniors on waiting til 8:30 AM, November 6, 2009. accounts electronically; legislation involving new initiatives. lists for services, urge the 2010 Gen- The Subcommittee on Consumer Provide for enforcement by the The department is looking at a num- eral Assembly to maintain current Affairs of the Special Advisory Com- Office of Financial Institutions or At- ber of issues and programs and ex- funding for the Department for Aging

THE KENTUCKY GENERAL ASSEMBLY 63 and Independent Living to provide who have a genetic condition by pro- ployee and other state supported of homeless in Kentucky is the single services to seniors and continue to hibiting health insurers from requir- retirement system funding including Caucasian male group from 50 to 59 look for additional revenue sources. ing genetic testing and by prohibiting insurance benefits. years old. Mr. King then provided a (2)Urge support of the Area reliance on genetic information of an Urge the General Assembly to profile of the homeless in Kentucky. Agencies on Aging and Independent individual. address necessary assistance for se- He discussed several groups includ- Living in the statewide implementa- D.J. Wasson, Department of In- niors when enrolling in Medicare ing those that are chronically home- tion of a universal plan of care for the surance, presented on the Local Gov- Part D, appropriating federal funds less and those who are veterans. He delivery of services. ernment Premium tax. She stated including stimulus money for tech- also discussed the homeless with (3)In light of the 43,195 adult that local governments, both cities nology to the Senior Centers for ac- disabilities, stating that physical dis- abuse cases reported in 2008 and and counties, have had the author- cess to Medicare.gov and staffing to ability, mental health issues, and al- the unreported cases, urge the 2010 ity to impose, by ordinance, a tax assist seniors in selecting a prescrip- cohol abuse are the largest disability General Assembly to support legisla- on insurance companies’ premium tion plan. groups. Mr. King also discussed in- tion to establish an adult abuse reg- receipts for decades. Some local come sources for Kentucky’s home- istry. governments impose a flat rate tax, SPECIAL ADVISORY less. He then discussed Kentucky’s (4)Urge support of the Depart- but most local governments impose COMMISSION OF SENIOR HEARTH program which provided fi- ment for Aging and Independent Liv- a tax based on a percentage of the CITIZENS nancial assistance and housing relo- ing to emphasize cost sharing when premium. Currently, 389 local gov- Subcommittee on Taxation cation and stabilization services for appropriate for Title III programs to ernments in Kentucky impose a local Minutes of the 2nd Meeting the state’s homeless. He discussed increase services to seniors and de- government premium tax. In 2008 of the 2009 Interim who may be eligible for the program crease waiting lists. the General Assembly passed legisla- November 5, 2009 and how the program works. Finally, tion that required the insurers in the The 2nd meeting of the Subcom- Mr. King discussed other homeless state to itemize the premium tax on mittee on Taxation of the Special Ad- programs offered by the Kentucky SPECIAL ADVISORY each premium statement mailed to visory Commission of Senior Citizens Housing Corporation. COMMISSION OF SENIOR policyholders to make them aware was held on Thursday, November 5, Mr. Perry Nutt, an economist CITIZENS of the tax being charged, and to give 2009, at 2:30 PM, in the Kentucky with the Legislative Research Com- Subcommittee on Insurance them the ability to contest the tax if Room 1 of the Capital Plaza Hotel. mission, provided the subcommit- Minutes of the 2nd Meeting they believe they do not have taxable James Huff, Chair, called the meeting tee with an update on the cigarette of the 2009 Interim property or other taxable policies in to order, and the secretary called the excise tax. The updated information November 5, 2009 the taxing jurisdiction. Ms. Wasson roll. stated that the 60 cent per pack tax is The 2nd meeting of the Subcom- stated that there is no maximum on Present were: estimated to generate approximately mittee on Insurance of the Special the premium tax. The highest tax is Members: James Huff, Chair; $270 million in fiscal year 2010. Advisory Commission of Senior Citi- 15% in the city of Ravenna. Mem- Cluster Belcher, Bertha Daniels, Car- At the present time, 97.5% of that zens was held on Thursday, Novem- bers suggested that a statutory cap ole Dunn, Jerry Moser, Jack Niece, El- amount will go to the General Fund, ber 5, 2009, at 2:30 PM, at the Capital be placed on the maximum allowable mer Olson, Kenneth Overhults, Den- one percent will be distributed to the Plaza Hotel. Barbara Germain, Chair, local government premium tax. nis Shaw, Martha Shircliffe, Berton University of Kentucky’s Tobacco called the meeting to order, and the Finally, Bill Nold and D.J. Wasson Sisk, Martha Smith, Donald Stethen, Research and Development Center secretary called the roll. discussed the issue of federal health Roger Truitt, and Alban Wheeler. to support research into alternative Present were: care reform. Mr. Nold discussed the Guests: Davey King, Kentucky ways to use tobacco, and one and Members: Barbara Germain, various House and Senate versions Housing Corporation one-half percent will be placed into Chair; Mary Barlow, Velma Childers, now before Congress. Both Mr. Nold LRC Staff: Eric Kennedy, Sheri the Cancer Research Fund which is a Marsha Dufeck, Ed Flanagan, Jane and Ms. Wasson stated that they Mahan, and Charlotte Quarles. matching fund to support research at Fugate, Don Helton, Denver Moore, could not predict the outcome of A motion was made and sec- the University of Kentucky and the Joy Payne, Clarence Richardson, Ray health care reform, and stated that onded to approve the minutes from University of Louisville. Roundtree, Clayton Shannon, and any changes made by Congress would the May meeting as written. The mo- Chairman Huff briefly outlined Jim Terrell. require time for states to implement tion carried by voice vote. the recommendations put forth by Guests: Representative Jeff the changes. Members discussed the Chairman Huff introduced the the subcommittee during the May Greer, D.J. Wasson, Bill Nold, Jay pros and cons of universal coverage. new members of the subcommittee. 2009 meeting and asked the mem- Thompson, and Stephanie McGauhey, Mr. Nold pointed out that a success- He then called for a moment of si- bers to reflect upon these in prepara- Kentucky Department of Insurance. ful health care reform package would lence for Ms. Rowena Emerson. tion for the following day’s meeting. LRC Staff: Rhonda Franklin, Em- require a number of different pieces, Chairman Huff updated the sub- Chairman Huff called the meet- ily Bottoms, and Jamie Griffin. including reform of health care deliv- committee on his efforts to contact ing to recess until Friday, November The minutes of the May 7, 2009 ery, improved “telehealth” informa- legislators on the Elder Care Credit 6, at 8:30 a.m. A motion to recess meeting were approved. tion sharing, and more coverage of legislation during the 2009 Regu- was made, seconded, and passed by Representative Jeff Greer, Chair- the 47 million uninsured Americans. lar Session. He reported that he had voice vote. man of the House Committee on On Friday, November 6, 2009, spoken to Representative Tommy The Subcommittee on Taxation Banking and Insurance, attended the the subcommittee adopted the fol- Thompson and Commissioner Deb- of the Special Advisory Commission subcommittee meeting. He spoke lowing recommendations: bie Anderson. He reported that he of Senior Citizens was reconvened with the members and responded to Urge the General Assembly to had received a memorandum from on Friday, November 6, 2009, at 8:30 questions regarding various insur- provide continuation funding at the the executive branch concerning the a.m., in Kentucky Room I of the Cap- ance concerns. He expressed his in- current level for Area Agencies on cost of the proposal which only in- ital Plaza Hotel. James Huff, Chair, terest in seniors’ issues and invited Aging to support Senior Programs cluded the estimated cost of the in- called the meeting to order, and the members of the subcommittee to due to the current economic climate, come tax credit but did not include secretary called the roll. contact him. but urge the General Assembly to any projected savings in regard to Present were: Bill Nold, Director of the Health increase much needed funding to Medicaid. Members: James Huff, Chair; Division of the Department of Insur- at least 5% when the economy im- Mr. Davey King of the Kentucky Cluster Belcher, Douglas Cole, Bertha ance, addressed the issue of health proves. Housing Corporation gave a Power- Daniels, Carole Dunn, Jerry Moser, insurer coverage of genetic disorders. To require long-term care insur- Point presentation on “Homeless- Jack Niece, Elmer Olson, Kenneth He stated that the Department has ance carriers to submit rate increases ness in Kentucky’s 55+ Population.” Overhults, Dennis Shaw, Martha no role in determining coverage of to the Attorney General, as well as Mr. King discussed the definition of Shircliffe, Berton Sisk, Martha Smith, genetic disorders or denial of insur- the Office of Insurance, to allow in- a homeless person, stating that they Donald Stethen, Roger Truitt, and Al- ance coverage for genetic disorders. tervention by the Attorney General are people who are staying in a shel- ban Wheeler. The 2008 federal legislation, known as needed. ter, living in a transitional housing, Chairman Huff opened the floor as the “Genetic Information Nondis- Urge the General Assembly to or staying in a place not meant for for discussion of subcommittee is- crimination Act,” will benefit people continue to address the state em- human habitation. The largest group sues and recommendations. Chair-

64 2010 Interim LEGISLATIVE RECORD man Huff reminded the subcommittee the Kentucky Transportation Cabinet holding a motorcycle license for un- Palmer and Michael Tobin. of the May, 2009 recommendations. stated that the Office’s goals of ac- der one year. Motorcycle accidents During the discussion of the A motion was made and sec- cessibility and mobility remained the from 2004 to 2008 rose over 73%, Marksbury Farm Food LLC project, Mr. onded that the first recommendation same. There were over 29 million deaths due to not wearing a helmet Neaveill explained the responsibilities of the taxation subcommittee be one-way trips and over 28 million rose 71%. The largest motorcycle of the partners involved. Later in the that the General Assembly enact leg- round-trips offered last year, with crash age group is older persons on meeting, they responded to Co-chair islation to provide tax credits to an only 150 complaints registered. touring bikes. According to a federal Gibson’s observations about LLCs, individual caregiver who cares for a In the past several years, the Of- survey, 83% of women bikers and saying that they routinely check the chronically ill person in that person’s fice of Transportation Delivery was over 70% of men bikers endorse a business organization of those ap- home or in the caregiver’s home. The only able to purchase 30 new vans universal helmet law. plying for state tobacco settlement motion carried by voice vote. due to lack of funds, even though it The Subcommittee adopted two funds. They indicated they could not A motion was made and sec- receives on average 150 requests per recommendations: recall of an LLC that had failed after onded that the second recommenda- year. 1.Prohibit the use of hand-held receiving the funding. tion be that if the General Assembly Mr. Perez said that transporta- communication devices with the The Marksbury Farm Foods proj- imposes a sales tax on services or in- tion funding comes from a number of exclusion of emergency person- ect, along with two other projects, creases the general sales and use tax sources, such as federal, state, and lo- nel. J & Sons Meat and Processing LLC, rate, a percentage of the increased cal. Grants can be for different uses, 2.Recommend that the Gen- and Bluegrass Lamb and Goat LLC, tax receipts be earmarked for senior such as for urban, rural, operational, eral Assembly appropriate sufficient prompted committee discussion services. The motion carried by voice primary usage, incidental usage, and funds about the availability of food ani- vote. meal delivery. Grants usually depend to ensure available federal mals to supply the meat processors’ Being no further business, the upon certain requirements being matching funds for the use in the needs. Mr. Neaveill observed that, in meeting was adjourned at 9:30 a.m. met. Not all areas are eligible for the state’s looking at projects funded from 2001 same type of services as other areas public transportation programs, to 2007, there were some unintend- SPECIAL ADVISORY because of local financing. Some state funding for Area Agencies on ed consequences occurred because COMMISSION OF SENIOR areas provide more funds to match Aging support Senior Programs, competitors for the same type busi- CITIZENS federal money and thus receive more and for Area Agencies on Aging ness were awarded funding. Subcommittee on Transportation grant money. that support Senior Programs. As the review of the projects list Minutes of the Fourth Meeting A representative from the De- With no further business before continued, they explained to Senator of the 2009 Interim partment for Medicaid Services the Subcommittee, the meeting ad- McGaha that Marshall County Con- November 5-6, 2009 within the Cabinet for Health and journed at 9:45 a.m. servation District received a funding The fourth meeting of the Sub- Family Services said that his Office approval to set up a welding program committee on Transportation of the contracts with the Transportation TOBACCO SETTLEMENT for area producers even though the Special Advisory Commission of Se- Cabinet to manage the daily trans- AGREEMENT FUND custom of directing the funds toward nior Citizens was held on Thursday, portation needs for the state’s Med- OVERSIGHT COMMITTEE those with ties to the tobacco indus- November 5, 2009, at 2:30 PM, in icaid recipients. Minutes try was not followed. Mr. Thomas ex- the Kentucky Room II at the Capital Mr. Conley said that it is Med- January 6, 2010 plained to the senator that this was Plaza Hotel. Fred Smith, Chair, called icaid’s policy that all Medicaid re- The 1st meeting of the To- not indicative of a “new direction” the meeting to order, and the secre- cipients receive medical treatment bacco Settlement Agreement Fund but reflected the fact Marshall Coun- tary called the roll. as long as it is medically necessary Oversight Committee was held on ty was not historically a significant Present were: and verified by their doctor. Medicaid Wednesday, January 6, 2010, dur- tobacco producing county. According Members: Fred Smith, Chair; Ru- would play for the transportation to ing a recess of the Senate and House to Mr. Thomas, there are many young fus Fugate, Margaret Gilland, Bobby and from treatment if a doctor deems Chambers, in Room 129 of the Capi- farmers who need assistance, but Hazen, Eleanor Holbrook, Gayle King, it necessary, including out-of-state tol Annex. Senator Carroll Gibson, who may not have been involved in Gina Loxley, Norman Pallarito, Mary travel. Chair, called the meeting to order, tobacco production. He pointed out Lou Perry, Jean Phelps, Ted Smith, Mr. Conley said that the Medic- and the secretary called the roll. that state funds had been awarded in Paul Steenbergen, Joe Wahlen, Lillian aid transportation program costs ap- Present were: the past for projects that were not Weston, and Lillian Wheeler. proximately $55 million (70% federal Members: Senator Carroll Gib- related to current or prior tobacco Guests Appearing Before the funds and 30% state funds). Before son, Co-Chair; Representative Dottie production, such as the funding for Subcommittee: Kerry Conlee, Med- the current system was enacted by Sims, Co-Chair; Senators David E. Bo- the Kentucky Proud program. icaid Specialist III, Department of the General Assembly, it was esti- swell, David Givens, Vernie McGaha, A Kentucky Community and Medicaid Services, Cabinet for Health mated that the cost would be over Joey Pendleton, and Damon Thayer; Technical College System Foundation and Family Services; Gail Mayeux, $72 million to run by 2003. He said and Representative McKee. project that was denied $252,000 Project Manager, Eric Perez, Executive that while nothing is perfect, in his Guests: Roger Thomas, Joel in funding to teach basic computer Staff Advisor, and Jeremy Thompson, estimation this program is highly ef- Neaveill, Angela Blank, Kylie Palmer, skills to farm families led to com- Office of Transportation Delivery, ficient. and Michael Tobin, Governor’s Office mittee discussion about the notion Transportation Cabinet; and John The Subcommittee recessed un- of Agricultural Policy. of affected counties contributing to Dudinskie, Program coordinator, Di- til 8:30 a.m. on November 5, 2009. LRC Staff: Lowell Atchley, Ste- such endeavors. vision of Highway Safety, Transporta- Present were: fan Kasacavage, Biff Baker, Morgan Senator Gibson indicated he tion Cabinet. Members: Fred Smith, Chair; Ru- Whitney, and Kelly Blevins. could see the merits of using the to- LRC Staff: Brandon White and fus Fugate, Margaret Gilland, Bobby The December 2, 2009, minutes bacco funds to help train people for Linda Hughes. Hazen, Eleanor Holbrook, Gayle King, were approved by voice vote and career opportunities. According to Mr. Hazen moved to approve the Gina Loxley, Norman Pallarito, Mary without objection on a motion made Mr. Thomas, the adequacy of funds minutes from the Subcommittee’s Lou Perry, Jean Phelps, Ted Smith, by Rep. McKee, seconded by Rep. at this point in time also is a factor May 2009 meeting. Mr. Fugate sec- Paul Steenbergen, Joe Wahlen, Lillian Sims. in no-funding decisions. onded the motion, which passed by Weston, and Lillian Wheeler. The presiding co-chair, Sena- Following the projects review, voice vote. The Subcommittee heard tes- tor Gibson, invited Mr. Joel Neaveill, Mr. Thomas and GOAP staff high- The Subcommittee heard testi- timony on the possibility of re-en- Chief of Staff, Governor’s Office of lighted the ADB’s actions on 2010 mony on the accessibility of trans- acting the motorcycle helmet law. Agricultural Policy, to appear before program/policy revisions within the portation opportunities from rep- John Dudinskie, Division of High- the committee and report on the Ag- County Agricultural Investment Pro- resentatives from the Cabinet for way Safety, Transportation Cabinet, ricultural Development Board’s (ADB) gram. Health and Family Services and the stated that the only persons who are actions from the previous month. Mr. Some of the changes led to ex- Transportation Cabinet. required to wear a helmet are per- Roger Thomas, GOAP Executive Di- tended committee discussion. Ac- A representative from the Of- sons under 21 years of age, a person rector, joined him later in the meet- cording to Mr. Thomas, the board fice of Transportation Delivery within with a learner’s permit, and a person ing, as did GOAP staff members Kylie considered the changes after receiv-

THE KENTUCKY GENERAL ASSEMBLY 65 ing consultation and input from a created a dependency under which proximately 5 p.m. nesses explained how the operation panel made up of county extension a county council would be a rubber got started, how the carcass pickup agents, who administer the County stamp body. But the witnesses in- TOBACCO SETTLEMENT and incineration process will work, Agricultural Investment Programs dicated that was not the case, reit- AGREEMENT FUND and future plans, which may include (CAIP) and after receiving input from erating the notion that they wanted OVERSIGHT COMMITTEE a value-added product from the in- a committee of the board. the local councils to think about new Minutes cineration process. Responding to GOAP officials presented the approaches. Mr. Thomas again men- March 3, 2010 Senator McGaha, they said the ADB committee with a detailed list of tioned that, under the CAIP system, The 2nd meeting of the To- does not normally fund operating ex- policy revisions affecting individual counties can prioritize how they bacco Settlement Agreement Fund penses for a project, but they noted programs. Mr. Thomas highlighted grant the funds. He also mentioned Oversight Committee was held on the applicant can use its funding for some of those in particular, includ- the increased accountability of the Wednesday, March 3, 2010, at 4:00 capital expenses. ing decisions to: remove fertilizers, CAIP system. PM, in Room 129 of the Capitol An- They indicated to Representative pesticides, and soil amendments In continuing discussion about nex. Representative Dottie Sims, Hoffman that a federal regulation re- from the list of eligible cost-share the CAIP system and how often Chair, called the meeting to order, quiring the removal of the brain and items; to remove all transport equip- county councils meeting, Senator and the secretary called the roll. spinal cord from livestock carcasses ment (trailers and wagons) from the Givens requested from GOAP staff a Present were: before undergoing rendering will not cost-share item list; to include hired comparison of how the funds were Members: Senator Carroll Gib- apply to the incineration process. labor as an eligible cost-share item; granted under the old “model pro- son, Co-Chair; Representative Dot- As the meeting progressed, and to set the maximum cost-share gram” system versus the CAIP. tie Sims, Co-Chair; Senators Vernie Co-chair Gibson commented on the producer at $5,000, a reduction from Responding to Co-chair Sims, McGaha, and Damon Thayer; Repre- WKU Research Foundation project. the previous $7,500. who referred to the cost-share change sentatives Royce W. Adams, Charlie The foundation received $249,300 Following Mr. Thomas’ summa- from $7,500 to $5,000, Ms. Palmer Hoffman, Tom McKee. in state tobacco settlement funds to ry, several committee members asked indicated that few counties granted Guests: Roger Thomas, Joel renovate an existing building into a questions and commented on the up to the $7,500 cost-share limit. Neaveill, Angela Blank, Jennifer Hud- cheese processing facility what will merits and timing of the changes. According to Mr. Rogers, smaller nall, and Michael Tobin, Governor’s provide dairy producers in the area Senator Givens wondered aloud if counties with fewer farmers tended Office of Agricultural Policy. some assistance in adding value to the GOAP had given counties enough to be the ones that granted the larger The January 6, 2010, minutes their farm operations. notice regarding the policy changes, cost-share amount. were deferred because of the lack of Mr. Judge explained to Senator even allowing a year to elapse before Next, Representative McKee a quorum. Gibson that the WKU foundation the changes took effect. Mr. Thomas discussed some of the history of the LRC Staff: Lowell Atchley and will match salary and benefit funds responded that extension agents had program. He observed that changes Susan Spoonamore, Committee As- with grant funds that will be used in been informed and that the changes have occurred in agriculture since sistant. remodeling, construction and sewer would not be effective until March or 2001, some good and some bad. He The presiding co-chair, Repre- hookups. WKU already has purchased April. said they wanted to make sure that sentative Sims, invited Mr. Roger equipment for the project. Mr. Judge Responding to Senator Givens, local control in the use of the funds Thomas, Executive Director, Mr. Joel indicated to Senator Gibson that the Mr. Thomas said the board thought was evident. The representative indi- Neaveill, Chief of Staff, and Mr. Mi- ADB had not funded a similar project that fertilizer and pesticide costs cated that county councils do have chael Judge, Director of Operations, to the scale of the WKU project. Mr. were part of a normal farming op- input in the utilization of the funds. Governor’s Office of Agricultural Thomas mentioned an earlier project eration. But Senator Givens observed He noted that councils can place a Policy, to appear before the commit- at the University of Kentucky that that those cost-share items allowed low priority on individual project tee and report on the Agricultural would assist food processors in cre- farmers to be better consumers and fund requests. According to Repre- Development Board’s (ADB) tobacco ating and marketing their products. required them to be trained on fertil- sentative McKee, Kentucky’s tobac- settlement grant and loan actions Co-chair Gibson expressed his izer usage and the merits of soil test- co settlement program is recognized from the previous month. concerns about the potential impact ing. nationally. If changes are made in the Funded projects reviewed during of the project on cheese-making fac- Senator Givens expressed his program and they do not work, those the committee meeting included: Two tories in the private sector, but also concerns that “local control” was be- changes can be reversed. The chal- Brothers Garden Center and Nursery; could see the worthiness of the WKU ing taken away from county councils. lenge, he indicated, will be to retain Capstone Auction Service; Washing- project. In his response, Mr. Thomas indicated funds in the program in light of the ton County Cattlemen’s Association; Christi Marksbury, the GOAP that, under the CAIP system, coun- current budget situation. Jessamine County FFA Alumni As- project analyst for the endeavor, ex- ties can focus on investment areas After some discussion about the sociation; A&S Livestock; Western plained the relationship between the aimed at producers in their county. differences between the tobacco set- Kentucky University Research Foun- WKU foundation and dairy produc- Testimony showed the CAIP tlement funds coal severance funds, dation; Lewis County Conservation ers. Initially, producers will be asked system was undertaken to put some discussion returned to the policy District; Rowan County Fiscal Court; to attend cheese processing work- uniformity into the way counties dis- changes. and The Beef Connection. shops and will be required to create pense the tobacco settlement funds. Senator McGaha observed that, Responding to Co-chair Sims, marketing plans for their cheese. Ac- Mr. Thomas told the commit- in some areas, county councils are the GOAP officials identified the cording to testimony, a goal will be tee that, under the CAIP, they were delighted just to help farmers to con- owner of Capstone Auction Service to offer local dairies the opportunity hopeful counties would devote the tinue farming. as Mr. David Neville. Mr. Judge said to receive training in cheese-making funds they administer to unique pro- Senator Givens agreed with Mr. Mr. Neville had been active in host- and possibly pursue that further. grams, but that has not happened. Rogers’ observation that it would ing meetings in the Shelbyville area As the meeting continued, the He told Co-chair Sims that producers have been acceptable if the ADB had to generate interest in the project, Rowan County Fiscal Court project were not losing interest in the local take a difference approach of allow- which will be a produce auction. The prompted Senator McGaha to offer program; rather there is “tremendous ing county councils to decide how endeavor is expected to impact 180 a suggestion regarding how to save interest.” they want to handle the use of funds farm families in 18 counties, accord- funds. Under the project, the ap- According to the GOAP offi- for fertilizers and pesticides. ing to their testimony. plicant will use $16,000 in Rowan cials, who was responding to Sena- As the meeting was ending, As the meeting continued, the County tobacco settlement funds to tor Givens about whether local pro- Co-chair Gibson suggested that the GOAP officials explained in greater offer a welding program to local pro- ducers were becoming complacent committee revisit the issue in the fu- detail the A&S Livestock project in ducers. The courses will be taught by in their use of the funds, GOAP staff ture, once all the members were able Russell County, which was approved Kentucky Community and Technical were hopeful that counties examine to attend a meeting. for $16,000 in Russell County funds College System (KCTCS) instructors. what is important at the local level Documents distributed during and $5,000 in Adair County funds to Rather than hiring KCTCS instruc- and tailor agricultural investment the committee meeting are available provide a dead livestock incineration tors, Senator McGaha suggested, programs to meet those needs. The with meeting materials in the LRC Li- service for Russell and surround- local technology center welding in- senator asked if the CAIP system had brary. The meeting adjourned at ap- ing counties. The committee wit- structors could be hired at a lower

66 2010 Interim LEGISLATIVE RECORD rate. He urged the GOAP to consider Tom McKee, and Tommy Turner. acknowledged to Senator Givens Adams, who asked about staffing at that option. Mr. Thomas indicated Legislative Guest:Representative that accounting for the program is levels in the wake of state agency they would. Will Coursey. separate from the regular county ac- budget cuts, Mr. Plumley indicated The GOAP officials responded Guests: Roger Thomas, Jenni- counting system. that staffing has shrunk, but litiga- to questions later on The Beef Con- fer Daniels, Joel Neaveill, and Diane Following Ms. Daniels, GOAP’s tion has decreased as well. He said nection project. The ADB approved Fleming, Governor’s Office of Agri- Legal Counsel, Ms. Diane Fleming, his main focus is enforcement of the a $500,000 zero-interest loan to cultural Policy; Michael Plumley, Of- explained how they monitor the MSA. He noted that the Department The Beef Connection project, which fice of the Attorney General; Dr. Ron shared-use equipment programs in of Revenue has a role in enforcement would entail the applicant provid- Hustedde, Kentucky Entrepreneurial counties. as well. Representative Adams said ing cattle management and market- Coaches Institute; Bruce Harper, De- Later in the meeting, Mr. Thom- he did not want Mr. Plumley pulled ing data to beef producer members. partment of Agriculture; Drew Gra- as responded to Co-chair Sims, who away from his MSA duties if needed. Responding to Co-chair Sims, Mr. ham, University of Kentucky College mentioned the shared-use equip- Mr. Plumley responded to Co- Judge identified the owner as Mr. of Agriculture; Ronny Pryor, Tanya ment program and abuses of that chair Gibson that there were no as- Robert Sand. At last report, he said, Chang, and Bob Rowland. and other county programs. Mr. surances in the original agreement 128 members had signed up for the LRC Staff: Lowell Atchley, Biff Thomas explained that one of their that particular companies would re- project. Baker, Stefan Kasacavage, Perry Nut, goals in replacing the old model pro- ceive a certain market share. Rather, and Kelly Blevins. gram system with the County Agri- according to Mr. Plumley, some larger According to Mr. Judge, respond- The November 4, 2009, minutes cultural Investment Program (CAIP) companies have lost market share ing to Senator McGaha, the applicant were approved by voice vote and was to make changes that allowed while others have gained in market would be providing equity on the without objection on a motion made more farmers to apply for the county share. loan, but they were still awaiting the by Senator Givens, seconded by Rep- funds. Next, Mr. Plumley answered submittal of that equity. resentative Hoffman. Both Mr. Thomas and Ms. Dan- some questions from Senators Giv- The GOAP staff reviewed three The presiding co-chair, Senator iels explained the bid and purchase ens, Pendleton, and McGaha regard- additional projects, two that were Gibson, invited Mr. Roger Thomas, requirements for the shared-use ing a proposal that Kentucky drop denied funding, Little Kentucky River Executive Director, Mr. Joel Neaveill, equipment program. out of the MSA and at the same time Winery and Tracy Curtsinger dairy Chief of Staff, and Ms. Jennifer Dan- Regarding another issue, Mr. require tobacco companies to pay processing, and a pending project, iels, Compliance Specialist, Gover- Thomas explained to Senator Giv- the equivalent amount assessed cur- Grasshoppers Distribution. nor’s Office of Agricultural Policy, ens how county councils have found rently on tobacco companies under Responding to Senator McGaha, to appear before the committee and ways to break ties that happen oc- the agreement. At one point in the the GOAP staff indicated they would report on the Agricultural Develop- casionally when the councils score discussion, Senator Givens asked if obtain some additional information ment Board’s (ADB) actions from the their CAIP applications. According the net effect would be the same. regarding Kentucky’s grape produc- previous month. to Mr. Thomas, the board discussed Mr. Plumley said the issue was tion and state winery grape utiliza- Following Mr. Neaveill’s review the issue during its November policy discussed a few years ago. He said the tion. of a relatively short list of local proj- session. Office of Attorney General was asked Mr. Thomas responded to Co- ects reviewed in the November ADB In other discussion, Mr. Thomas for an opinion on the matter. They chair Gibson that the Grasshoppers meeting, Mr. Thomas commented told Co-chair Gibson that they have opined that there would be many ob- organization, a Jefferson County that the board reviewed possible pol- encouraged counties to invest in stacles and negative results, should product distribution network, is pro- icy changes when it met the previ- regional projects, but with limited Kentucky opt out of the agreement. ficient at getting produce from farms ous month. The board would act on success. He said a drought aid pro- He said the settlement has provided to consumers, but needs work on its those changes in its December meet- gram was an example of a successful Kentucky with a great deal of funding business model and business prac- ing, Mr. Thomas told the committee. statewide program. Senator Boswell and settled lawsuits that may or may tices. Next, the committee heard a re- mentioned the Green River produce not have been settled. According to As the meeting ended, GOAP of- port from Ms. Daniels, who updated cooperative as an example of a re- Mr. Plumley, Kentucky has cross-bor- ficials made note of an update show- the panel on the shared-use equip- gional program. Mr. Neaveill pointed der sales that may be affected, should ing farmers’ market projects that had ment program. According to her re- out that Owensboro Grain Co. had Kentucky enact taxes to replace the received tobacco settlement funds port, the intent of the program is to received support from 22 counties for equivalent MSA assessment, which since 2001. make pieces of farm equipment avail- a project in that part of the state. amounts to over $5 per carton. Documents distributed during able to farmers through lease or rent. Mr. Thomas indicated his agree- Responding to a question from the committee meeting are available The lease or rental fees are used for ment with Co-chair Gibson, who had Senator McGaha, Mr. Plumley indi- with meeting materials in the LRC Li- maintenance and to buy additional mentioned the importance of fund- cated that the Centers for Disease brary. The meeting adjourned at ap- pieces of equipment. A total of 67 ing for the Murray State University Control determine smoking rates proximately 5:30 p.m. counties have a program, with over Breathitt Diagnostic Center in Hop- through surveys and the like. He also $1.8 million invested in those coun- kinsville. According to Mr. Thomas, responded to Senator McGaha that TOBACCO SETTLEMENT ties. the commitment of county funds for additional MSA funds are distributed AGREEMENT FUND Ms. Daniels explained to Senator the center to build or upgrade would to state agencies in much the same OVERSIGHT COMMITTEE McGaha that “delinquent programs” be appropriate. way as regular MSA payments. Minutes are behind in submitting their pe- Next on the agenda, Co-chair The committee witness told Rep- December 2, 2009 riodic reports. Ultimately, county Gibson called on Mr. Michael Plumley, resentative McKee that most nonpar- The 10th meeting of the To- shared-use programs can be placed Assistant Attorney General, to report ticipating manufacturers (NPMs) are bacco Settlement Agreement Fund on a “watch list” if they remain non- on Master Settlement Agreement en- now making quarterly payments into Oversight Committee was held on compliant. forcement and payment issues. In his their escrow accounts. Wednesday, December 2, 2009, at Representative McKee men- report, Mr. Plumley reviewed actions According to Mr. Plumley, the 10:00 AM, in Room 129 of the Capi- tioned that he had used some of by the Office of Attorney General in total escrow amounts have increased tol Annex. Senator Carroll Gibson, Harrison County’s equipment and making sure cigarette companies that since the General Assembly changed Chair, called the meeting to order, emphasized that the key to making have not joined the Master Settle- a loophole that allowed NPMs to and the secretary called the roll. the program work is keeping up with ment Agreement comply with state withdraw their escrow funds. Mr. Present were: maintenance on the equipment. Ms. requirements. He also covered a legal Plumley also responded that, with Members: Senator Carroll Gib- Daniels later indicated to Senator action that stems from the refusal of the slight increase seen in smoking son, Co-Chair; Representative Dottie Givens that most of the participat- some major companies to make an rates, total MSA payments could be Sims, Co-Chair; Senators David E. Bo- ing counties’ agricultural extension earlier Master Settlement Agreement affected, depending on what type swell, David Givens, Vernie McGaha, offices house the shared-use equip- payment. He also revealed the esti- cigarette companies are selling more Joey Pendleton, and Damon Thayer; ment nearby and keep up with the mated 2010 payment, which totals cigarettes, those paying into the Representatives Royce W. Adams, maintenance. Some counties have about $116 million. agreement, or those NPMs that are James R. Comer Jr., Charlie Hoffman, multiple pieces of equipment. She Responding to Representative not.

THE KENTUCKY GENERAL ASSEMBLY 67 Following that discussion, the the committee meeting are available committee received a report from with meeting materials in the LRC Li- Dr. Ron Hustedde, Director of the brary. The meeting adjourned at ap- LRC Publications Kentucky Entrepreneurial Coaches proximately 11:45 a.m. Institute. Based at the University of Kentucky, the institute has received two rounds of funding from the ADB Informational Bulletins to coach people from various parts of the state on how to develop eco- 232 General Assembly Action 2010 Regular Session nomic, cultural, and public service opportunities in their communities. 231 Final Committee Reports of the Interim, Joint, Special, and The institute has received a total of $2.1 million in Agricultural Develop- Statutory Committees ment Fund moneys, with the most recent paying for programs in south- 230 Issues Confronting the 2010 Kentucky General Assembly central Kentucky. In his report, Dr. Hustedde placed particular empha- 229 General Assembly Action 2009 Regular Session sis on accomplishments of institute trainees and possible economic ben- 228 Final Reports of the Interim Joint, Special, and Statutory Com- efits through job creation. Dr. Hustedde responded to Rep- mittees 2008 resentative Comer that the grant funding has paid for travel, lodging, 227 Issues Confronting the 2009 General Assembly An update of and food for institute participants, and or speakers. The funds also paid Informational Bulletin No. 224 (2008) the salary of one full-time person and paid 30 percent of another’s sal- 226 General Assembly Action, Regular Session 2008 ary. He clarified to Representative Comer that the overall funding came 225 Final Reports of the Interim Joint, Special and Statutory Com- from the Agricultural Development Board and did not represent a budget mittees (2007) earmark. A separate Appalachian Re- gional Commission grant to the in- 224 Issues Confronting the 2008 General Assembly stitute was not included in the $2.1 million funding amount. 223 General Assembly Action, Regular Session 2007 In his presentation, Dr. Hus- tedde estimated that 218 jobs have 222 Final Reports of the Interim Joint, Special, and Statutory Com- been created because of the insti- tute. Using the minimum wage as mittees (2006) a multiplier, he estimated the eco- nomic impact at $2,790,400. During 221 Issues Confronting the 2007 General Assembly discussion, Senator Pendleton said it was his hope the jobs would pay 220 General Assembly Action, Regular Session 2006 more than minimum wage. He said the success of the program will be 219 Final Reports of the Interim Joint Special and Statutory Commit- measured in jobs created. Responding to Representa- tees (2005) tive McKee, Dr. Hustedde said they continue to track graduates through 218 Issues Confronting the 2006 General Assembly alumni functions and follow-ups. Dr. Hustedde described their 217 General Assembly Action, Regular Session 2005 efforts to seek diversity in institute classes. He indicated they attempt 216 Final Reports of the Interim Joint, Special and Statutory Com- to match persons with strong per- sonalities with those who are not mittees (2004) as strong. They consider geographic, gender, and personal background. In 215 Issues Confronting the 2005 General Assembly, An Update of the current class, he said, about a third of the participants are entrepre- Information Bulletin No. 212 neurs themselves. Also, half the par- ticipants must have a link to tobacco 214 General Assembly Action, Regular Session 2004 production. During the discussion, Senator McGaha talked about using tobacco settlement dollars to assist farm fam- ilies. Dr. Hustedde said that, while the institute has a strong agricul- tural component, their focus is not exclusively agriculture. He pointed out that, while institute participants may have certain business ventures, they may also still live on or main- tain family ties to a farm. Documents distributed during

68 2010 Interim LEGISLATIVE RECORD 2010 laws, from page 2 college students to transfer credits to four-year universities. Historic site. HB 420 designates the Hurricane Creek mine site in Leslie County, at which 38 miners lost their lives in 1970, as a state historic site. History. HB 339 creates the Commonwealth of Kentucky War of 1812 Commission to plan activities for the War of 1812 Bicentennial – which is two years away – and commemorate the significant roles Kentuckians played in the war. License plates. SB 71 creates a special license plate for recipients of the Silver Star Medal or the Bronze Star Medal awarded for valor. HB 96 permits the surviving spouse of a Purple Heart recipient to keep special license plate as- signed to that recipient. HB 261 creates Gold Star Fathers license plates similar to the Gold Star Mothers plates that are already offered. Literacy. SB 163 directs the Department of Education to provide assis- tance in teaching strategies that help teachers improve their students’ reading skills. The bill also encourages development of comprehensive middle and high school reading plans. Mental health. HB 231 creates a new level of specialty treatment centers for children with severe psychiatric disorders who must currently go to other states to receive the level of care they require. Military family assistance trust fund. SB 30 extends the eligibility of military personnel and their families eligible for military family assistance trust grants from 90 to 180 days after the end of deployment. Music. House Joint Resolution 154 designates Kentucky’s Sam Bush as “The Father of Newgrass Music” and Bowling Green as “The Birthplace of Newgrass Music.” Nurses. SB 127 allows every public university in the state to offer ad- vanced doctoral programs in nursing upon approval of the Council on Postsec- ondary Education. Parks. HB 14 offers up to three free overnight stays at state parks lodges to totally disabled military veterans, subject to space availability and other criteria. Parole. HB 564 increases the amount of good time and education credits available to prisoners. The legislation reduces prison time by up to 90 days – in- stead of the current 60 – for any prisoner who receives a GED or high school diploma, college degree, or certain other certifications of education achieve- ments while incarcerated. Prisoners who complete drug treatment programs can receive up to 90 days credit. Road safety. HB 415 prohibits texting while driving. Violators will be given courtesy warnings until Jan. 1, 2011, after which violators will face fines and court costs. The legislation also prohibits cell phone use by drivers under 18. Salvia. SB 107 makes it illegal to possess, grow or traffic a form of the Senate Judiciary Committee Chair Tom Jensen, R-London, goes over language in a bill with Rep. salvia plant that some people use as a substitute for marijuana. Martha Jane King, D-Lewisburg, during a break on the Senate floor in the latter days of the 2010 Student-athletes. HB 327 encourages high school athletic competitions Regular Session. / to be scheduled outside the regularly scheduled school day. The legislation also Mike Sunseri LRC Public Information allows student-athletes to be counted present at school on the dates of athletic competitions on two days each year, provided that the students make up any missed assignments. Stroke centers. SB 1 is aimed at saving lives and improving health care by attracting stroke patients to the state’s best stroke care centers. The legislation Diana Ross, mother of the late allows the state to bestow a special designation on nationally certified primary Amanda Ross whose murder stroke centers in Kentucky. inspired lawmakers to improve Kentucky’s domestic violence Suicide prevention. SB 65 requires annual suicide prevention instruction laws during the 2010 Regular for school principals, guidance counselors and teachers. HB 51 requires suicide Session, testifies before a com- prevention materials to be distributed to middle and high school students and re- mittee last session on House Bill 1. The measure was named quires the state Cabinet for Health and Family Services to post suicide preven- “Amanda’s Bill” in honor of tion information on its website. Amanda Ross. Teachers’ retirement. HB 540 shores up the teachers’ retirement fund by Bud Kraft/ increasing payments into the fund by teachers, retired teachers under 65 and LRC Public Information school districts. The measure is expected to save the state an estimated $61 mil- lion over two years. Veterans’ services. HB 377 ensures that combat veterans charged with crimes are provided with contact information for services that offer help for post-traumatic stress and other combat-related disorders.

THE KENTUCKY GENERAL ASSEMBLY 69 70 2010 Interim LEGISLATIVE RECORD THE KENTUCKY GENERAL ASSEMBLY 71 David L. Williams Greg Stumbo SENATE PRESIDENT The Kentucky Legislative Research Commission HOUSE SPEAKER is a 16-member committee of the majority and Katie Kratz Stine Larry Clark minority leadership of the PRESIDENT PRO TEM SPEAKER PRO TEM and House of Representatives. Under Chapter Robert Stivers Rocky Adkins 7 of the Kentucky Revised Statutes, the LRC Majority FLOOR LEADER MAJORITY FLOOR LEADER constitutes the administrative office for the Ed Worley General Assembly. Its director serves as chief Jeff Hoover MINORITY FLOOR LEADER MINORITY FLOOR LEADER administrative officer of the Legislature when it isn’t in session. Robert Damron MAJORITY CAUCUS CHAIRMAN MAJORITY CAUCUS CHAIRMAN The Commission and its staff, by law and by Johnny Ray Turner practice, perform numerous fact-finding and Bob DeWeese MINORITY CAUCUS CHAIRMAN service functions for members of the Legis- MINORITY CAUCUS CHAIRMAN lature, employing professional, clerical and Carroll Gibson John Will Stacy other employees required when the General MAJORITY WHIP MAJORITY WHIP Assembly is in session and during the interim Joey Pendleton David Floyd period between sessions. These employees, in MINORITY WHIP MINORITY WHIP turn, assist committees and individual legisla- tors in preparing legislation. Other services 2010 Interim Bobby Sherman, Director include conducting studies and investigations, Legislative organizing and staffing committee meetings and LEGISLATIVE Research Commission public hearings, maintaining official legislative Robert Jenkins, Deputy records and other reference materials, provid- RECORD Director for Committee and ing information about the Legislature to the Staff Coordination public, compiling and publishing administrative Published monthly by Rob Weber regulations, administering a legislative intern the Legislative Research Public Information Officer Commission, the Interim program, conducting orientation programs for Joe Cox new legislators, and publishing a daily index RECORD is designed to inform Publications and Printing and summary of legislative actions during the citizens of Kentucky of the Officer sessions. between-sessions work of the Rebecca Mullins General Assembly. The LRC is also responsible for statute revi- Editor, Typography and Design sion, publishing and distributing the Acts and Subscriptions are free upon Mike Sunseri Journals following sessions, and for maintaining request. Contact LRC’s Public Chief Photographer furnishings, equipment and supplies for the Information Office, Capitol Annex, Frankfort, KY 40601, Karen Bourne Legislature. It also functions as Kentucky’s Jeff Fossett Commission on Interstate Cooperation in car- phone 502-564-8100. Steve Gatewood rying out the program of the Council of State Stories may be reprinted Bruce Phillips Governments as it relates to Kentucky. Bud Kraft without permission, although Keith Krey credit would be appreciated. Jeanie Mitchell Scott Payton Chuck Truesdell Public Information Staff

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