2009 Interim LEGISLATIVE Volume 20, No. 12 November 2009 RECORD Jobless trust fund hurting, lawmakers told Sports safety by Rebecca Mullins LRC Public Information implementation With a jobless rate of at least 10.9 percent, Kentuckians need unemployment benefits. But after borrowing over half a billion dollars right on from the federal government already to cover a shortfall in the state unemployment insurance trust fund, Kentucky realizes it must correct an imbal- schedule ance in the trust fund that has the state paying out millions more in benefits than it receives in rev- by Chuck Truesdell enue. LRC Public Information Education and Workforce Development Cabi- More than 8000 coaches and staff have com- net Secretary Helen Mountjoy told the state legis- pleted a school safety course required by the Gen- lative Interim Joint Committee on Labor and In- eral Assembly earlier this year, high school athletic dustry last month that the Governor’s Task Force officials reported last month. on Unemployment Insurance, now compiling a re- House Bill 383, passed during the 2009 Regular port on the issue, is preparing to recommend ways Session, mandated that at least one person at every Kentucky can continue to provide benefits to the high school sports practice and contest have com- unemployed while restoring stability to the trust peted the course by the beginning of this school year. fund and keeping Kentucky employers competi- Julian Tackett, the Kentucky High School Athletic tive. Association’s Assistant Commissioner, reported that The recommendations are expected to be Rep. Jimmy Stewart, R-Flat Lick, at left, talks with Rep. Tom by next school year, course completion will be a pre- made in time for consideration by the 2010 Ken- Riner, D-Louisville, at the Nov. 19 meeting of the Interim Joint hiring requirement for all coaches. tucky General Assembly, which begins meeting in Committee on Labor and Industry. KHSAA officials moved swiftly to put the on- Bud Kraft/LRC Public Information Continued on page 2 Continued on page 2 Expectations high for Louisville Zoo’s Glacier Run by Rob Weber would be up about $1 million. This truly is an invest- this project.” LRC Public Information ment in an economic project that will have a great The zoo has already raised about $23.5 million return and great dividends for the for the exhibit, but still needs to raise another $5.6 When completed, the Louisville Zoo’s Glacier local and commonwealth’s econ- million. It is asking the state to pledge $4 million to Run exhibit won’t just be a world-class home for po- In 2010, omy.” the project. lar bears, seals and sea lions. It will be an economic sea lions Portions of the Glacier Run “When we started six years ago, we requested boost for Louisville and the state, zoo officials told exhibit have already opened, $6 million. With the success we’ve had in other fund- and seals will members of the General Assembly’s Economic De- including a splash park. Last raising efforts and Louisville Metro stepping up be- velopment and Tourism Committee during the pan- be year, construction started on yond its original pledge, we now would be comfort- el’s Nov. 19 meeting. added to a replica of an arctic village able with a $4 million pledge from the state to allow “Every time there’s a new project, especially a the exhibit. that will include a schoolhouse us to complete the project,” Stewart said. “… We’re Rebecca Mullins/ big project, we get a real pickup in attendance of 15, In 2011, the that offers interactive learning going to complete this one way or another. But the 20, or 25 percent. We’re expecting that with Glacier experiences. In 2010, sea li- sooner we complete the project the more quickly we LRC Public Information Run,” said Gary L. Stewart, Louisville Zoo Founda- polar bears ons and seals will be added to see the economic benefits.” tion board member. exhibit will open. the exhibit. In 2011, the polar In response to a question from Rep. Jim Gooch, Annual attendance at the zoo is expected to top bears exhibit will open, said D-Providence, about the approach Glacier Run will 900,000 once Glacier Run is fully open. “A million in John T. Walczak, the zoo’s ex- take in educating students about the environment and attendance is not out of reach at all,” Stewart said. ecutive director. causes of threats to polar bears, Walczak responded In addition to raising revenue for the zoo, the Amusement venues need a new attraction every that the exhibit will offer scientific information, such rising number of visitors will provide a boost for city three to five years to avoid a drop-off in attendance, as the fact that the number of polar bears in the arctic and state government, Stewart said. “State tax reve- Stewart said. “And we can expect that kind of de- nue would be up nearly $2 million and local revenue cline if we don’t move ahead enthusiastically with Continued on page 2

THE KENTUCKY GENERAL ASSEMBLY  very good job at a very good price,” Sports, he said. Tackett noted that the course Zoo, was free for everyone who took the from page 1 course. from page 1 Members of the Interim Joint Committee on Education took the op- has declined from 26,000 ten years line course in place, Tackett said. The portunity to make other suggestions to ago to 20,000 today. “What we share legislation required the course to be improve student-athlete safety. Rep. with children is objective scientific in- taught by a medical professional li- Derrick Graham, D-Frankfort, re- formation and we always leave them censed in Kentucky, but “there was marked that automated external defi- with a way that they can be part of the no program out there that fit all the brillators would be a wise investment solution to make the world a healthier criteria,” he said. for schools. place,” he said. The KHSAA worked with the Ken- “A thousand dollars for a small Rep. Kevin Bratcher, R-Louis- tucky Medical Association to put to- school sounds like a lot, but compared ville, asked zoo officials for an up- gether its own course. to a child’s life, that’s nothing,” he date on the June accident at the zoo in The online program will allow said while pointing that an AED re- which a small train carrying visitors changes to be implemented quickly, quirement was considered but left out overturned and injured 22 riders. said KHSAA Commissioner Brigid of the final version of HB 383. “The accident is still pending Devries. Rep. Charlie Miller, D-Louisville, investigation,” Walczak said. “We’re “We tried to build it for the fu- agreed with a particular suggestion in- working completely and cooperatively ture” despite the rush to bring it online cluded in the report of the Sports Safe- with (state investigators). Right now, Rep. Adam Koenig, R-Erlanger, speaks during the Nov. 19 meeting of the Interim Joint Commit- quickly, Tackett added. Most coaches ty Work Group. the ride’s not in operation. The out- have completed the online course’s “We need to have athletic trainers tee on Economic Development and Tourism. come of the future of the ride is pend- Bud Kraft/LRC Public Information seven modules in 5-7 hours, he said. in all our schools” he said. ing investigation.” Dr. Peter Bowles, who helped de- Among the other findings of the The closing of the train ride has “virtual lessons’ to classes across the sign the curriculum, said the program work group was that the current cur- resulted in about $200,000 in lost rev- state. is unique. “Kentucky is viewed as a riculum for high school coaches would enue for the zoo, Stewart said. Walczak responded that the zoo leader in this area,” he noted. “This is be sufficient if required for middle Rep. John “Bam” Carney, R- has offered distance learning and wants the only course that’s online in the en- school coaches as well. Campbellsville, noted that economic to expand its offerings, in addition to tire country.” Jefferson County Schools re- constraints are making it harder for offering a “Zoo to You” program that Bowles also noted that the work quired all middle school coaches to many schools to afford class field trips educates thousands of schoolchildren was done efficiently. “We’re doing a take the course, Tackett said. and suggested that the zoo provide in the state. Unemployment, from page 1

January. Mountjoy said Kentucky’s “low” “We have to look at a way that taxable wage base of $8,000 is the Sen. Julian this program can become solvent and same as Virginia’s, but that Virgin- Carroll, sustainable,” Mountjoy told lawmak- ia—along with Tennessee and West D-Frankfort, ers on the committee. “We know this Virginia—are among Kentucky’s sev- talks with Rep. Will is not the last recession, unfortunately, en border states that are not currently Coursey, that our borrowing money from the federal D-Benton, e c o n o m y government. Kentucky has borrowed during the The average will have to over $500 million from the federal November weekly benefit suffer.” government, and currently has the Labor and Industry payment last O n e highest unemployment rate of any of meeting. month was way that its border states, Mountjoy said. other states Kentucky can also increase its Bud Kraft/ $306 a week, LRC Public are improv- trust fund dollars by decreasing its Information with a ing solven- jobless rate, but Mountjoy explained maximum cy in their that will take time. weekly unemploy- “It’s not going to (decrease) un- The average weekly benefit pay- it’s going to make getting legislation benefit of $415. ment insur- til employers feel confident they will ment last month was $306 a week, through the next session very diffi- ance sys- have the resources on a go-forward The least Mountjoy said, with a maximum cult,” said Siler, “because we hear all tems is by basis to keep people employed,” she weekly benefit of $415. The least the time that it’s not wise to raise taxes amount drawn increasing said. amount drawn per week was $39. during a down economic situation, and per week their tax- Regular unemployment benefits Rep. Charles Siler, R-Williams- that’s what is going to be the parallel was $39. able wage paid by Kentucky the first three quar- base, or the ters of this calendar year totaled over burg, suggested more public educa- when action recommended has to be amount of $872,460,000, while the state only tion about problems plaguing the state taken by the General Assembly.” e m p l o y e e received a little over $329,450,000 unemployment insurance trust fund In response to a question by Rep. wages on which employers’ unem- in revenue from employers to pay the before the General Assembly consid- Brent Yonts, D-Greenville, Mountjoy ployment insurance taxes are based. benefits, Mountjoy said. ers the Task Force recommendations said the state has up to two years to Nine states have increased their tax- Meanwhile, the average weekly in the 2010 session. pay back more than $500 million it able wage base, but Kentucky has benefit is increasing due to inflation “When it hits home, particularly has borrowed from the federal gov- not. and an increase in wages paid. to the small business community, ernment.

 2009 Interim LEGISLATIVE RECORD 2010 Session Calendar

THE KENTUCKY GENERAL ASSEMBLY  House of Representatives

2009 Royce W. Adams Myron Dossett Adam Koenig Arnold Simpson 580 Bannister Rd. Dry Ridge 41035 491 E. Nashville St. Pembroke 42266 3346 Canterbury Ct. Erlanger 41018 112 W. 11th Street Covington 41011 Work 859-824-3387 Home 270-475-9503 Home 859-578-9258 Work 859-261-6577 Home 859-428-1039 Home 859-581-6521 KENTUCKY Ted Edmonds Jimmie Lee Dottie Sims 1257 Beattyville Road Jackson 41339 901 Dogwood Drive Elizabethtown 42701 Rocky Adkins 459 Violet Ave. Horse Cave 42749 Home 606-666-4823 Work 270-765-6222 PO Box 688 Sandy Hook 41171 Home 270-786-3948 Work 606-928-0407 Home 270-737-8889 Home 606-738-4242 C.B. Embry, Jr. FAX 606-929-5213 PO 1215 Morgantown 42261 Stan Lee PO Box 2090 Lexington 40588 Kevin Sinnette Work 270-526-6237 PO Box 1358 Ashland 41105 Home 859-252-2202 John A. Arnold, Jr. Home 270-791-1879 Home 606-324-5711 General FAX 859-259-2927 PO Box 124 Sturgis 42459 Home FAX 606-329-1430 Work 270-333-4641 Bill Farmer 3361 Squire Oak Dr. Lexington 40515 Mary Lou Marzian Work 859-272-1425 2007 Tyler Ln. Louisville 40205 Ancel Smith Eddie Ballard Home 502-451-5032 1812 Wiley Fork Road Leburn 41831 Assembly PO Box 1736 Madisonville 42431 Home 859-272-8675 Work 502-564-8100, ext. 668 FAX 859-272-1579 Work 270-821-4767 Tom McKee Home 606-785-3844 Home 270-821-6255 Tim Firkins 1053 Cook Road Cynthiana 41031 212 E. Esplanade Louisville 40214 Home 859-234-5879 John Will Stacy Linda Belcher FAX 859-234-3332 Senate 4804 Hickory Hollow Lane Home/FAX 502-367-2981 PO Box 135 West Liberty 41472 Shepherdsville 40165 Reginald Meeks Home/FAX 606-743-1516 Walter Blevins, Jr. Joey Pendleton Joseph M. Fischer 115 Hill N Dale Morehead 40351 905 Hurst Dr. Hopkinsville 42240 PO Box 757 Louisville 40201 Home 502-957-2793 126 Dixie Place Fort Thomas 41075 Work 502-772-1095 Fitz Steele Work 606-743-1212 Home 270-885-1639 Work 513-794-6442 176 Woodland Ave. Hazard 41701 Home 606-743-1200 FAX 270-885-0640 Johnny Bell 108 North Green St. Glasgow 42141 Home 859-781-6965 Charles Miller Home/FAX 606-439-0556 FAX 606-743-1214 Work 270-651-7005 3608 Gateview Circle Louisville 40272 Home 502-937-7788 David E. Boswell Mike Reynolds Home 270-590-0110 Kelly Flood Kent Stevens 5591 Panther Creek Park Drive PO Box 4000 Bowling Green 42102 121 Arcadia Park Lexington 40503 Harry Moberly, Jr. PO Box 481 Lawrenceburg 40342 Work 502-564-8100 Kevin D. Bratcher Owensboro 42301 10215 Landwood Drive Home 859-221-3107 PO Box 721 Richmond 40475 Home 502-839-5462 Home 270-771-4921 Louisville 40291 Work 859-622-4997 Fax 270-926-9047 David Floyd Home 859-624-2781 Jerry P. Rhoads Home 502-231-3311 102 Maywood Ave. Bardstown 40004 Jim Stewart III 9 East Center Street 545 KY 223 Flat Lick 40935 Home 502-350-0986 Brad Montell Tom Buford Madisonville 42431 Scott W. Brinkman 543 Main Street Shelbyville 40065 Home 606-542-5210 6001 Two Springs Lane 409 W. Maple Nicholasville 40356 Home 270-825-2949 Work 502-633-7017 Home/FAX 859-885-0606 Louisville 40207 Danny Ford PO Box 1245 Mt. Vernon 40456 Home 502-633-7533 Home 502-893-8769 Wilson Stone Dorsey Ridley Work 606-678-0051 1481 Jefferson School Road Julian M. Carroll 4030 Hidden Creek Drive FAX 502-894-0210 Tim Moore Home 606-256-4446 Scottsville 42164 Room 229 Capitol Annex Henderson 42420 417 Bates Rd. Elizabethtown 42701 Home 270-622-5054 Frankfort 40601 Home 270-826-5402 Tom Burch Jim Glenn Home 270-769-5878 PO Box 21562 Owensboro 42304 Work 502-564-8100 Work 270-869-0505 4012 Lambert Ave. Louisville 40218 Home 270-686-8760 Lonnie Napier Greg Stumbo Perry B. Clark Home 502-454-4002 302 Danville St., Lancaster 40444 Box 1473 108 Kassidy Drive Jim Gooch, Jr. Work 859-792-2535 Prestonsburg 41653 5716 New Cut Road Louisville 40214 John Schickel 714 North Broadway B2 2147 Natches Trace Union 41091 Dwight D. Butler Home 859-792-4860 Home 606-886-9953 Home 502-366-1247 Providence 42450 Home 859-384-7506 PO Box 9 Harned 40144 Work 270-635-1139 Rick G. Nelson Julie C. Denton Work 270-756-5931 Tommy Thompson Home 270-756-0100 Home 270-667-7327 Rt. 3, Box 686 Middlesboro 40965 PO Box 458 Owensboro 42302 1708 Golden Leaf Way Dan “Malano” Seum FAX 270-667-5111 Home/FAX 606-248-8828 Louisville 40245 1107 Holly Ave. Fairdale 40118 Home 270-926-1740 Home 502-489-9058 Work 502-564-2450 John “Bam” Carney Derrick Graham Fred Nesler FAX 270-685-3242 Home 502-749-2859 341 Pembroke Way Campbellsville Room 329F Capitol Annex Frankfort 40601 PO Box 308 Mayfield 42066 John Tilley PO Box 1065 Hopkinsville 42241 Carroll Gibson 42718 Home 502-223-1769 Work 270-623-6184 Home 270-881-4717 PO Box 506 Leitchfield 42755 Tim Shaughnessy Home 270-465-5400 Jeff Greer Home 270-247-8557 Work 502-564-8100 302 E. Muhammad Ali Blvd. PO Box 1007 Brandenburg 40108 FAX 270-623-6431 Work 270-886-6800 Mike Cherry FAX 270-885-7127 Home 270-230-5866 Louisville 40202 803 S. Jefferson Princeton 42445 Home 270-422-5100 Work 502-584-1920 Home 270-365-7801 Home FAX 270-422-5100 David Osborne David P. Givens PO Box 8 Prospect 40059 Tommy Turner PO Box 12 Greensburg 42743 Brandon Smith Keith Hall Work 502-645-2186 175 Clifty Grove Church Road Work 502-564-8100 Larry Clark PO Box 466 Phelps 41553 Somerset 42501 350 Kentucky Blvd. 5913 Whispering Hills Blvd. Home 502-228-3201 Hazard 41701 Work 606-456-3432 Ext. 25 Sannie Overly Home 606-274-5175 Denise Harper Angel Louisville 40219 Home 606-456-8666 Home 606-436-4526 Home 502-968-3546 340 Main Street Paris 40361 2521 Ransdell Ave. Louisville 40204 Home FAX 606-436-2398 Home 859-987-9879 Ken Upchurch Home 502-452-9130 Mike Harmon PO Box 969 Monticello 42633 Hubert Collins 633 N. 3rd St. Danville 40422 Kathy W. Stein Darryl T. Owens Work 606-340-8490 Ernie Harris 364 Transylvania Park Lexington 40508 72 Collins Dr. Wittensville 41274 Home 859-238-7792 Home 606-297-3152 1018 S. 4th St., Ste. 100 Louisville 40203 PO Box 1073 Work 859-225-4269 Home 502-584-6341 David Watkins Crestwood 40014 Home 859-252-1500 Richard Henderson 5600 Timberlane Dr. Henderson 42420 Leslie Combs 60 Myers Cemetary Rd. Jeffersonville 40337 Home 502-241-8307 Home 270-826-0952 245 E. Cedar Drive Pikeville 41501 Home 859-585-0886 Ruth Ann Palumbo Katie Kratz Stine Work 606-433-4317 10 Deepwood Dr. Lexington 40505 FAX 270-826-3338 Tom Jensen 21 Fairway Drive Southgate 41071 Home 606-477-6672 Home 859-299-2597 303 S. Main Street London 40741 Home 859-781-5311 Melvin B. Henley Jim Wayne 1305 S. 16th Street Murray 42071 1280 Royal Ave. Louisville 40204 Home 606-878-8845 James R. Comer, Jr. Home 270-753-3855 Don Pasley Work 502-451-8262 Robert Stivers II PO Box 338 Tompkinsville 42167 5805 Ecton Road Winchester 40391 Ray S. Jones II 207 Main Street Manchester 40962 Home 270-487-5585 Jimmy Higdon Home 859-842-3337 PO Drawer 3850 Pikeville 41502 Work 606-598-2322 507 West Main Lebanon 40033 Alecia Webb-Edgington Work 606-432-5777 Home 606-598-8575 Tim Couch Work 270-692-3881 Tanya Pullin 1650 Chestnut Ct. Fort Wright 41011 FAX 606-432-5154 FAX 606-598-2357 PO Box 710 Hyden 41749 Home 270-692-6945 1026 Johnson Lane South Shore 41175 Home 859-426-7322 Home/FAX 606-672-8998 FAX 270-692-1111 Work 606-932-2505 Alice Forgy Kerr Gary Tapp Ron Weston 3274 Gondola Dr. Lexington 40513 308 Fishermen Circle Shelbyville 40065 Will Coursey Charlie Hoffman Marie Rader 423 Chieftain Drive Fairdale 40118 Home 859-223-3274 Home 502-633-2304 PO Box 467 Benton 42025-0467 406 Bourbon St. Georgetown 40324 PO Box 323 McKee 40447 502-564-8100 Work 502-863-4807 Work 606-287-3300 Home 270-527-4610 Susan Westrom Robert J. “Bob” Leeper Damon Thayer Work 270-527-4610 Home 502-863-9796 Home 606-287-7303 FAX 606-287-3300 PO Box 22778 Lexington 40522-2778 229 South Friendship Paducah 42003 102 Grayson Way Georgetown 40324 Jeff Hoover Work 859-266-7581 Work 270-554-9637 Home 859-621-6956 Jesse Crenshaw PO Box 985 Jamestown 42629 Rick Rand 121 Constitution Lexington 40507 Home 270-554-2771 FAX 502-868-6086 Work 270-343-5588 PO Box 273 Bedford 40006 Work 859-259-1402 Addia Wuchner FAX 270-554-5337 Home 270-343-2264 Work 502-255-3286 PO Box 911 Burlington 41005 Home 859-252-6967 Elizabeth Tori Home 502-255-3392 Work 859-525-6698 Vernie McGaha 2851 S. Wilson Rd. Radcliff 40160 FAX 859-259-1441 Dennis Horlander FAX 502-255-9911 4787 W. Hwy. 76 Home 270-351-1829 1806 Farnsley Rd. Shively 40216 Brent Yonts FAX 270-351-1829 Ron Crimm Russell Springs 42642 PO Box 43244 Louisville 40253 Work 502-447-2498 Jody Richards 232 Norman Circle Greenville 42345 Home 270-866-3068 Work 502-400-3838 Home 502-447-4715 817 Culpeper St. Bowling Green 42103 Work 270-338-0816 Johnny Ray Turner Home 502-245-8905 Work 270-781-9946 Home 270-338-6790 85 Kentucky Route 1101 Drift 41619 Brent Housman Home 270-842-6731 FAX 270-338-1639 Gerald A. Neal Home 606-377-6962 Robert R. Damron 2307 Jefferson Street Paducah 42001 FAX 270-781-9963 Suite 2150 Meidinger Twr 231 Fairway West Nicholasville 40356 Home 270-366-6611 462 S. 4th Street Robin L. Webb Home 859-887-1744 Home/FAX 270-442-6394 Steve Riggs Louisville 40202 404 W. Main Street Grayson 41143 8108 Thornwood Road Louisville 40220 Work 502-584-8500 Home 606-474-5380 Jim DeCesare Joni L. Jenkins LRC 502-564-8100 Home 502-776-1222 PO Box 122 Rockfield 42274 2010 O’Brien Ct. Shively 40216 FAX 502-564-6543 FAX 502-584-1119 Jack Westwood Home 270-792-5779 Home 502-447-4324 Tom Riner 1143 E. Broadway Louisville 40204 209 Graves Ave. Erlanger 41018 Home FAX 888-275-1182 Dennis Keene R.J. Palmer II Home 859-344-6154 Work 270-792-5779 Home 502-584-3639 1391 McClure Road Winchester 40391 1040 Johns Hill Road Wilder 41076 Carl Rollins II Home 859-737-2945 David L. Williams Mike Denham Home 859-441-5894 PO Box 424 Midway 40347 PO Box 666 306 Old Hill City Road Maysville 41056 Home 859-846-4407 Burkesville 42717 Home 606-759-5167 Thomas Kerr Work 502-696-7474 5415 Old Taylor Mill Rd. Taylor Mill 41015 Work 270-864-5636 Bob M. DeWeese Work 859-431-2222 Home 270-433-7777 6206 Glen Hill Rd. Louisville 40222 Steven Rudy Home 859-356-1344 3430 Blueridge Dr. W. Paducah 42086 Home 502-426-5565 Ken Winters FAX 859-431-3463 Home 270-744-8137 1500 Glendale Road Murray 42075 Sal Santoro Home 270-759-5751 Martha Jane King 596 Walterlot Ct. Florence 41042 Ed Worley 633 Little Cliff Estate Lewisburg 42256 Home 859-371-8840 PO Box 659 Richmond 40476 Home 270-657-2707 FAX 859-371-4060 Home 859-625-5536 FAX 270-657-2755 FAX 859-623-6557 Charles Siler 3570 Tackett Creek Rd. Williamsburg 40769 Work 606-549-0900

 2009 Interim LEGISLATIVE RECORD Committee Meetings

LEGISLATIVE RESEARCH Committee review of Executive (relating to the abolition of the death COMMISSION Reorganization Order 2009-754 by penalty); BR 202 (relating to sexual Minutes of the 530th Meeting the Interim Joint Committee on Agri- abuse); BR 237 (relating to criminal November 4, 2009 culture during its meeting of August gangs); BR 251 (relating to the use The 530th meeting of the Leg- 27, 2009. of global positioning monitoring sys- islative Research Commission was Committee review of Execu- tems including monitoring-related held on Wednesday, November 11, tive Reorganization Order 2009-770 restrictions and sanctions in domes- Index 2009, at 1:30 PM, in Room 125 of by the Interim Joint Committee on tic violence cases); BR 262 (relating the Capitol Annex. Representative Health and Welfare during its meet- to domestic violence); BR 275 (relat- Greg Stumbo, Chair, called the meet- ing of September 16, 2009. ing to driving under the influence); A ing to order, and the secretary called Administrative Regulation Review Sub- Committee review of Executive BR 277 (relating to public safety); committee, 68 the roll. Reorganization Order 2009-771 by and BR 341 (relating to crimes and Agriculture, 7, 8 Present were: the Interim Joint Committee on Vet- punishments) to Judiciary; BR 48 (re- Appropriations and Revenue, 9, 11, Members: Senator David L. Wil- erans, Military Affairs, and Public lating to the initial removal of dead 12, 13, 14, 16, 18, 20 liams, Co-Chair; Representative Greg Protection during its meeting of Oc- human bodies); and BR 250 (relating Stumbo, Co-Chair; Senators Carroll tober 8, 2009. to acupuncture) to Licensing and Oc- B Gibson, Jerry P. Rhoads, Dan “Mala- NEW BUSINESS cupations; BR 334 (relating to county Banking and Insurance, 22 no” Seum, Katie Kratz Stine, Robert Referral of prefiled bills to the consolidation) to Local Government; Stivers II, Johnny Ray Turner, and Ed following committees: BR 139 (re- BR 86 (relating to retirement); BR C Capital Projects and Bond Oversight Worley; Representatives Rocky Ad- lating to industrial hemp) to Agri- 108 (designating burgoo as the state Committee, 64 kins, Larry Clark, Bob M. DeWeese, culture; BR 31 (relating to taxation dish); BR 172 (proposing to amend David Floyd, Jeff Hoover, and John and declaring an emergency); BR Section 228 of the Constitution of E Will Stacy. 159 (relating to sales tax on alco- Kentucky); BR 174 (relating to auto- Economic Development and Tour- Guests: John Hicks, hol); BR 187 (relating to sales and mated or recorded political telephone ism, 22 Education, 24, 27, 30, 33 LRC Staff: Bobby Sherman and use tax holidays and declaring an messages); BR 176 (relating to retire- Education Assessment and Account- Christy Glass. emergency); BR 210 (relating to en- ment); BR 178 (proposing an amend- ability Review Subcommittee, Representative Stumbo called couraging healthy lifestyles); BR 239 ment to Sections 36 and 42 of the 71 the meeting to order and the sec- (relating to sales tax); BR 240 (relat- Constitution of Kentucky relating to retary called the roll. There being ing to the individual income tax); BR legislative services); BR 197 (com- G Government Contract Review a quorum present, Representative 265 (relating to the alcoholic bever- mending Ridgetop Shawnee Tribe Committee, 74 Williams called for a motion to ap- age wholesale sales tax and declaring of Indians for their efforts on behalf prove the minutes of September 2, an emergency); and BR 276 (relating of preserving Native American heri- H 2009; accept items A. through H. to live organ donation) to Appropria- tage); BR 222 (relating to primaries); Health and Welfare, 35, 41, 42, 43 under Staff and Committee Reports; tions and Revenue; BR 70 (relating BR 268 (designating June 2010 as J refer prefiled bills and administrative to motor vehicle repair claims); and Kentucky Rabies Awareness Month); Judiciary, 43, 45, 48, 50, 52 regulations as indicated and approve BR 96 (relating to health care ser- and BR 300 (relating to administra- and refer items C. through X. under vices provided in clinical trials for the tive regulations and declaring an L New Business; accept and refer as treatment of cancer) to Banking and emergency) to State Government; BR Labor and Industry, 53 indicated items 1. through 26 un- Insurance; BR 79 (relating to public 122 (relating to personal identifica- Legislative Research Commission, 5 Licensing and Occupations, 54 der Communications; and approve school academies); BR 107 (relating tion cards); BR 142 (naming a por- Local Government, 56 Resolutions A. and B. A Motion was to college student financial aware- tion of Kentucky Route 840 in Harlan made by Representative Adkins and ness); BR 165 (supporting Charles County in honor of Jerry Chestnut); M seconded by Representative Clark. “Ed” Massey’s candidacy for the post BR 164 (relating to special license Medicaid Oversight and Advisory A roll call vote was taken and the of secretary-treasurer of the National plates); BR 180 (relating to personal Committee, 76 motion passed unanimously. The School Board’s Association); BR 169 communication devices); BR 199 (re- N following items were approved, ac- (relating to school district vehicles lating to the operation of golf carts Natural Resources and Environment, cepted or referred: and declaring an emergency); BR 231 on public roads); and BR 238 (relat- 58, 59 STAFF AND COMMITTEE RE- (relating to digital citizenship); and ing to motor vehicle license plates) PORTS BR 232 (relating to suicide prevention to Transportation; BR 367 (relating P Poverty Task Force, 81 Information requests for Sep- training) to Education; BR 15 (relat- to honoring military service) to Vet- Prefiled Bills, 86 tember and October 2009. ing to mold remediation standards); erans, Military Affairs and Public Pro- Program Review and Investigations Committee Activity Report for BR 213 (relating to the continuity tection. Committee, 78 September and October 2009. of health care); BR 216 (relating to Referral of the administrative Reports of the Administrative the Colon Cancer Screening Program, regulations to the following commit- S Senior Citizens, Special Advisory Regulation Review Subcommittee and making an appropriation there- tees for secondary review pursuant to Commission of, 83, 84 meetings of September 8, and Oc- for); BR 229 (relating to the care of KRS 13A.290(6): 103 KAR 17:150 & State Government, 61 tober 13, 2009. individuals with mental retardation E (New home credit) and 103 KAR Committee review of admin- or other developmental disorders); 44:130 & E (New motor vehicle T istrative regulations by the Interim BR 230 (relating to child custody); trade-in allowance) to Appropria- Tobacco Settlement Agreement Fund Oversight Committee, 84 Joint Committee on Education dur- and BR 263 (relating to pharmacy tions and Revenue; 307 KAR 8:010 & Transportation, 62 ing its meetings of September 14 and technicians) to Health and Welfare; E (Application for Kentucky business October 12, 2009. BR 20 (relating to crimes and pun- investment programs) to Economic V Committee review of admin- ishments); BR 95 (relating to crimes Development and Tourism; 16 KAR Veterans, Military Affairs and Public istrative regulations by the Interim and punishments); BR 114 (relating 7:010 (Kentucky Teacher Internship Protection, 63 Joint Committee on Health and Wel- to the Department of Corrections); Program) and 102 KAR 1:310 (Ben- fare during its meetings of September BR 120 (relating to criminal gangs); efit eligibility conditions for mem- 16 and October 21, 2009. BR 182 (relating to inmates); BR 185 bers providing part-time and substi-

THE KENTUCKY GENERAL ASSEMBLY  tute services) to Education; 201 KAR Controlled Substance Act of the In- From Senate President David L. September 2009. 11:121 (Improper conduct); 201 KAR terim Joint Committee on Judiciary. Williams and House Speaker Gregory From the Auditor of Public Ac- 11:215 (License recognition; applica- From Senator Bob Leeper and D. Stumbo: Memorandum appoint- counts: Examination of Certain Bul- tion requirements); 201 KAR 11:250 Representative Rick Rand, Co-Chairs, ing Senator Alice Kerr as Co-Chair of litt County Internal Controls and (Listing and purchase contracts and Interim Joint Committee on Appro- the Subcommittee on Postsecondary Procedures Governing the Processing other agreements entered into by li- priations and Revenue: Memoran- Education of the Interim Joint Com- of Automated Payroll Transactions. censees; provisions required; seller- dum requesting approval to meet on mittee on Education. From the Cabinet for Economic initiated relisting request disclosure November 16 rather than the regular From Senator Bob Leeper and Development: Linked Deposit Loan form); 201 KAR 11:300 (Use of fac- meeting date of November 26, which Representative Rick Rand, Co-Chairs Investment Program FY 09 Annual simile and electronic-mail transmis- is Thanksgiving. There are no appar- of the Interim Joint Committee on Report. sions; electronic storage); 201 KAR ent conflicts. Appropriations and Revenue: Memo- From the Kentucky Personnel 11:450 (Broker management course); From Senator David Givens and randum requesting approval to meet Board: FY 09 Annual Report. 201 KAR 12:105 & E (School dis- Representative Tom McKee, Co- on December 8. There are no appar- From the Cabinet for Economic tricts); 201 KAR 34:010 (Licensure Chairs, Interim Joint Committee on ent conflicts. Development, Department of Finan- of professional art therapies); 201 Agriculture: Memorandum request- From Senate President David L. cial Incentives: Kentucky Investment KAR 34:015 (Examination); 201 KAR ing approval to meet on November Williams, House Speaker Gregory D. Fund Act FY 09 Annual Report. 34:020 (Fees); 201 KAR 34:030 (Con- 10 rather than the regular meeting Stumbo, Senate President Pro Tem From State Budget Director Mary tinuing education requirements); 201 date of November 11, which is Vet- Katie Stine, Senate Majority Caucus E. Lassiter: September 2009 monthly KAR 34:040 (Code of ethics); 201 eran’s Day. There are four potential Chair Dan Seum, and Senate Majority updates on ARRA formula funding. KAR 34:050 (Complaint procedure); conflicts. Whip Carroll Gibson: Memorandum From State Budget Director Mary 810 KAR 1:004 (Stewards); 811 KAR From Senator Jack Westwood appointing Senator Robert Stivers to E. Lassiter: October 2009 monthly 1:015 (Race officials); 815 KAR 6:010 and Representative Kent Stevens, Co the Legislative Research Commis- updates on ARRA formula funding. (Home inspector licensing require- –Chairs, Education Assessment and sion. From the Personnel Cabinet, ments and maintenance of records); Accountability Review Subcommit- From Senate President David L. Department of Employee Insurance: 815 KAR 6:020 (Advertising by tee: Memorandum recommending Williams and House Speaker Gregory Kentucky Group Health Insurance home inspectors); 815 KAR 35:060 appointments to the National Tech- D. Stumbo: Memorandum appoint- Board, Kentucky Employees’ Health (Licensing of electrical contractors, nical Advisory Panel on Assessment ing Senator Tom Jenson as a member Plan Ninth Annual Report. electricians, and master electricians and Accountability. and Senate Co-Chair of the Interim From the University of Kentucky, pursuant to KRS 227A.060); and From Senate President David L. Joint Committee on Judiciary and ap- Office of the Treasurer: University of 815 KAR 35:090 (Electrical training Williams and House Speaker Gregory pointing Senator Brandon Smith as Kentucky Capital Construction Re- program standards) to Licensing and D. Stumbo: Memorandum appoint- Senate Co-Chair of the Interim Joint port for FY 09. Occupations; 401 KAR 5:310 (Sur- ing members to the Local Superin- Committee on Natural Resources From the Teachers’ Retirement face water permit fees – Amended tendents Advisory Council. and Environment. System of Kentucky: In-state Invest- After Comments); 405 KAR 16:140 From Senate President David L. From Senator Damon Thayer ment Report for FY 09 and Interim (Disposal of coal mine waste); 405 Williams and House Speaker Gregory and Representative Mike Cherry, Financial Statements for the Quarter KAR 18:140 (Disposal of coal mine D. Stumbo: Memorandum appoint- Co-Chairs, Interim Joint Committee ended June 30, 2009. waste); and 805 KAR 1:190 (Gath- ing Senator Robin Webb to the fol- on State Government: Memoran- From the Teachers’ Retirement ering lines) to Natural Resources lowing interim joint committees: dum requesting approval for the Task System of Kentucky: FY 09 Annual and Environment; 101 KAR 2:102 Economic Development and Tourism, Force on Elections, Constitutional Report. & E (Classified leave administrative Labor and Industry, Licensing and Amendments, and Intergovernmen- From the Cabinet for Health and regulations) and 101 KAR 3:015 & Occupations, Local Government, and tal Affairs to meet on November 17 Family Services, Office of the Secre- E (Leave administrative regulations State Government rather than the regular meeting date tary: Report of the Department for for the unclassified service) to State From Senator Tom Jenson and of November 24. There are five po- Community Based Services Tuition Government. Representative Jim Gooch, Co-Chairs, tential conflicts. Waiver Program for Youth for the re- From Senate President David L. Interim Joint Committee on Natural From Senate President David L. porting period September 2008-Au- Williams and House Speaker Gregory Resources and Environment: Memo- Williams and House Speaker Gregory gust 2009. D. Stumbo: Memorandum appoint- randum requesting approval to meet D. Stumbo: Memorandum appoint- From the Cabinet for Health and ing Representative Charlie Hoffman on November 17 rather than the reg- ing Representative Reginald Meeks to Family Services: SWIFT Adoption to the Land Stewardship and Con- ular meeting date of November 27. the Interim Joint Committee on Ap- Teams Report for the second quarter servation Task Force and designating There are no apparent conflicts propriations and Revenue. of 2009. him as House Co-Chair From Senator Damon Thayer COMMUNICATIONS From the Cabinet for Economic From Senate President David L. and Representative Steve Riggs, Co- From the Office of the Attorney Development, Department of Finan- Williams and House Speaker Gregory Chairs, Interim Joint Committee on General: Constitutional Challenge cial Incentives: Loan data sheets for D. Stumbo: Memorandum appoint- Local Government: Memorandum Reports for the months of July and each loan approved as of the quarter ing requesting approval to meet on No- August 2009. ending September 30, 2009. Representative Adam Koenig as vember 18, in Louisville, rather than From the Collaborative Center From the Finance and Adminis- a liaison member of the Budget Re- the regular meeting date of November for Literacy Development: 2008- tration Cabinet, Office of the Con- view Subcommittee on General Gov- 26, which is Thanksgiving. This will 2009 Annual Report. troller: Surtax Receipts Statements ernment, Finance, and Public Protec- be the third out-of-town meeting. From the Cabinet for Economic for the Law Enforcement and Profes- tion of the Interim Joint Committee There are five potential conflicts Development: Annual Report for the sional Firefighters Foundation Fund on Appropriations and Revenue; and From Senate President David L. Kentucky Investment Capital Net- Programs for the months of July and appointing Representative Martha Williams and House Speaker Gregory work for FY 2009. August 2009, and year-to-date activ- Jane King to the Special Subcommit- D. Stumbo: Memorandum appoint- From the Finance and Admin- ity for the period July 10 through July tee on Energy. ing Representative Ancel Smith to istration Cabinet: Monthly Invest- 31 and August 1 through August 31, From Senate President David L. the Interim Joint Committee on Nat- ment Income Report for the months 2009. Williams and House Speaker Gregory ural Resources and Environment. of August and September 2009. From the Auditor of Public Ac- D. Stumbo: Memorandum authoriz- From Senator Damon Thayer From the Personnel Cabinet: counts: Lyon County Sheriff 2008 ing and appointing the membership and Representative Mike Cherry, Co- Statewide Turnover Report for the Fee Audit. of the Poverty Task Force. Chairs, Interim Joint Committee on 2nd and 3rd Quarters 2009. From the Auditor of Public Ac- From Senate President David L. State Government: Memorandum From the Cabinet for Health counts: Simpson County Sheriff Williams and House Speaker Gregory requesting approval to meet on No- and Family Services, Department for 2008 Fee Audit. D. Stumbo: Memorandum appoint- vember 18 rather than the regular Community Based Services: Child From the Auditor of Public Ac- ing Representative Tom Riner to the meeting date of November 25. There Abuse and Neglect Annual Report of counts: Trigg County Sheriff 2008 Subcommittee on the Penal Code and are six potential conflicts. Child Fatalities and Near Fatalities, Fee Audit.

 2009 Interim LEGISLATIVE RECORD From the Auditor of Public Ac- Legislative Research Commission in Department of Education to school Richie Sanders, Scottsville-Allen counts: Trigg County Clerk 2008 honor and loving memory of Howard districts. County Economic Development Di- Audit. N. “Nick” Johnson. Speaker Stumbo then asked if rector, welcomed the committee to From the Auditor of Public Ac- OTHER BUSINESS these grants were made by existing Scottsville and described some of the counts: Simpson County Clerk 2008 Mr. John Hicks, Assistant State formula, to which Mr. Hicks respond- exciting entrepreneurial endeavors Audit. Budget Director, was then introduced ed, “yes, that’s correct. In fact, it’s a that were taking place in the com- From the Cabinet for Health and as a guest speaker. Mr. Hicks updated federally mandated formula.” munity. He introduced Buddy Steen, Family Services, the Commission on the members on the progress on the There being no further business, the Executive Director of Central Services and Supports for Individuals ARRA expenditure status report on the meeting was thereby adjourned Region Innovation and Commercial- with Mental Retardation and Other the formula grants that have been re- at 1:45 p.m. ization Center (Central Region ICC) Developmental Disabilities: Ninth ceived by state government since the located at Western Kentucky Uni- Annual Status Report. stimulus bill has been implemented. INTERIM JOINT COMMITTEE versity’s (WKU) Center for Research From the Kentucky Labor Cabi- Mr. Hicks pointed out that the ON AGRICULTURE and Development. Mr. Steen stated net, Division of Workers’ Compen- Cabinet has split this report into Minutes of the 8th Meeting that creating opportunities for young sation Funds: Report for Kentucky the formula money that comes to of the 2009 Interim farmers is crucial to the state. He ex- Coal Workers’ Pneumoconiosis Fund, all states through these various pro- October 8, 2009 plained that the Central Region ICC’s Quarter Ending September 30, 2009. grams, which totals about $3 billion. The 8th meeting of the Interim 3 areas of focus are: From the Public Service Commis- He said that the Cabinet has started Joint Committee on Agriculture was Culture- Facilitating programs sion of Kentucky: Biennial Report for adding a section of competitive grant held on Thursday, October 8, 2009, that strengthen the entrepreneurial the period from July 1, 2005, through awards that have been received by at 10:00 AM, in Scottsville, Ken- culture; June 30, 2007. the various state government agen- tucky, at the Allen County Extension Clientele- Assisting entrepre- From the Kentucky Legislative cies through the various programs. Office. Senator David Givens, Chair, neurs to acquire resources necessary Ethics Commission: Recommended Mr. Hicks pointed out some no- called the meeting to order, and the to locate and expand businesses in Changes to the Kentucky Code of table inclusions in this month’s re- secretary called the roll. the region; and Legislative Ethics, October 1, 2009. port are several National Institute of Present were: Infrastructure- Creating, devel- From the University of Kentucky, Health research type grants and to Members: Senator David Giv- oping, and managing critical infra- Kentucky Tobacco Research & Devel- the University of Kentucky, particu- ens, Co-Chair; Representative Tom structure required to create, grow, opment Center: Quarterly Report for larly. He advised that there are sever- McKee, Co-Chair; Senators David E. recruit, and retain science and tech- the period July 1 through September al criminal justice grants to the State Boswell, Dan Kelly, Dorsey Ridley, nology. 30, 2009. Police, one of which will allow them and Damon Thayer; Representatives Mr. Steen explained that compa- From the Cabinet for Economic to hire non-civilian personnel to help Royce W. Adams, James R. Comer Jr., nies with national and international Development: Bluegrass State Skills free up some of their sworn officers C. B. Embry Jr., Richard Henderson, markets are crucial; they not only Corporation Annual Report FY 09. and to devote to higher priority ar- Charlie Hoffman, Don Pasley, Tom Ri- bring money into the state, but they From the Finance and Admin- eas. Mr. Hicks stated that Kentucky ner, Dottie Sims, Kent Stevens, Wil- grow quickly and provide incredible istration Cabinet, Kentucky Higher has received about $2.5 million dol- son Stone, Tommy Turner, and Ken opportunity. He noted that infra- Education Assistance Authority: Fi- lars to help update an informational Upchurch. structure is a necessity and that a nancial Statements for the Kentucky technology system for electronic Guests: Richie Sanders, Scotts- company will quickly move to an ur- Higher Education Assistance Author- benefit transfer for the Women, In- ville-Allen County Industrial De- ban area where infrastructure is avail- ity, the Kentucky Higher Education fants and Children Program. Also velopment Authority; Mayor Rob able if it is not available in the rural Student Loan Corporation, the Ken- received was another small public Cline; Allen County Judge Executive area where the company is originally tucky Higher Education Savings Plan health grant to help prevent infec- Bobby Young; Janet Johnson and established. Mr. Steen noted that to Trust, and the Kentucky Affordable tions in health care facilities. Mr. Steve Osborne, Allen County Exten- move forward there is a need for a Prepaid Tuition Program for FY 09. Hicks reported that one other piece sion Agents; Al Pedigo, Allen County high-tech workforce and commercial From the Education and Work- of information that the Cabinet has Agricultural Development Council; broadband. force Development Cabinet, Depart- forwarded to the members at the Jennifer Smith, Western Kentucky Sen. Boswell mentioned key is- ment of Education: Commonwealth behest of President Williams was a University; Buddy Steen, Central Re- sues of self-sustainability and afford- Accountability Testing System: Vali- second report that provides all of the gion ICC/WKU Center for Research able energy and noted how important dation and Research Agenda, Sep- various sub awards that state agen- and Development; Dr. Ron Hustedde, those issues are to economic recov- tember 2009. cies receiving stimulus monies have Kentucky Entrepreneurial Coaches ery. He asked if WKU is collaborating From the Cabinet for Health and made to the respective local govern- Institute; Jim Fortsch, UPS Capital; with the University of Louisville and Family Services, Office of the Secre- ments, and other entities who have John McCarthy, McCarthy Strategic the University of Kentucky Center for tary: A report of the Operations and become the sub recipients of those Solutions; Joel Neaveill and Angela Applied Energy Research on renew- Activities of The Cabinet for Health awards. Blank, Governor’s Office of Agricul- able energy issues. Mr. Steen replied and Family Services Related to Health Mr. Hicks then advised the mem- tural Policy; Margaret Gerald, Allen that there is collaboration but that Data Collection for Hospital Inpa- bers that one of the key events that County Extension District Board; more can be done to interrelate. He tient Discharge and Outpatient Ser- has just taken place for all fifty (50) Laura Knoth, Kentucky Farm Bureau. noted that WKU has done nation- vices for FY 09; and The Cabinet for states has been the reporting process LRC Staff: Biff Baker, Lowell ally renowned research on mercury Health and Family Services Biennial that the federal government requires Atchley, and Kelly Blevins. reduction in coal-fired power plants Report on Health Care Transparency quarterly. The first quarter reporting Chairman Givens welcomed by aiding them in removing that for the period July 1, 2007, through process ended September 30, and the committee and audience members harmful agent. A copy of Mr. Steen’s June 30, 2009. Cabinet spent most of October pro- to the meeting. He then recog- presentation is on file with the LRC From Kentucky’s Affordable Pre- viding the information to the Federal nized Representative Wilson Stone; Library. paid Tuition: FY 09 Actuarial Valua- Government. Scottsville Mayor Rob Cline; Al- Mr. Sanders then introduced Dr. tion. At that time, Speaker Stumbo len County Judge Executive Bobby Ron Hustedde, who discussed the From the University of Kentucky: asked for any questions or comments Young; Al Pedigo, Vice Chairman of Kentucky Entrepreneurial Coaches’ Audited Financial Statements of the from the members. the Allen County Agricultural Devel- Institute. He noted that the institute University of Kentucky and its affili- Mr. Hicks responded to a ques- opment Council; and Jennifer Smith was developed after recognizing that ated corporations for FY 09. tion asked by President Williams re- from Western Kentucky University rural leaders within communities did RESOLUTIONS garding the sub recipient award un- for welcoming comments. Chairman not know how to make their com- A RESOLUTION adjourning the der Department of Education, Title I. Givens then recognized Chairman munities entrepreneurial friendly. Legislative Research Commission in Mr. Hicks said that this was regard- McKee who expressed his thanks for He explained the three traditional honor and loving memory of Glen- ing the Individual Disability of Edu- the opportunity to tour agriculture development approaches: Industrial nmoore “Ballie” Ray. cation Act, and those are the special across the south-central part of the Recruitment, Business Retention and A RESOLUTION adjourning the education grants made through the state. Expansion, and Entrepreneurship. He

THE KENTUCKY GENERAL ASSEMBLY  noted that the United States Depart- file with the LRC Library. 500 cows debt free, purchasing land, said he has been milking for 45 years ment of Agriculture estimates that by Chairman Givens then intro- and building new dairy facilities was and has seen his share of bad years, 2015 one-fourth of all rural residents duced John McCarthy, who explained not attainable in the current financial but for the last ten months he has will be self employed. Mr. Hustedde the New Market Tax Credit program. climate. been losing approximately $300 to then explained the institute’s objec- This program could provide access to Mr. Crist asked that the legis- $400 a day – the worst ever. He said tives to encourage the diversification capital for small businesses in Ken- lators or the Milk Commission help the most vulnerable producers are of the economies within tobacco de- tucky’s low income communities. A find out what happens to the money those who expanded their facilities pendent counties, to stimulate small copy of Mr. McCarthy’s presentation on its way from the store back to and are now in debt. business start-ups and expansions, is on file with the LRC Library. the dairy producer. Dairy producers Mr. Klingenfus explained that to provide local grass roots leaders There being no further business are getting paid less than 30% of the Kentucky dairy farmers produce 1.2 the tools needed to become com- the meeting was adjourned at 12:30 price of milk at the store. billion pounds of milk annually, but munity coaches, and to strengthen pm. Rep. McKee asked how much Kentucky dairy plants process 2.2 bil- community groups and institutions longer he would continue to milk lion pounds of milk annually. In other and their receptiveness to entrepre- INTERIM JOINT COMMITTEE with the prices being what they are words, milk must be transported into neurs. ON AGRICULTURE today. Mr. Crist said that he would Kentucky for processing. Mr. Klin- Mr. Hustedde responded to a Subcommittee on Rural Issues not be able to continue much longer. genfus said that he has concerns re- question noting that the institute’s Minutes of the 1st Meeting When the corn silage runs out, he garding cost sharing. For example, he funding comes from the Kentucky of the 2009 Interim will be selling his cows. said that Kentucky producers could Agricultural Development Fund. The November 10, 2009 Rep. McKee and Rep. Rudy stat- very well be sharing the costs of sup- institute started in 2004 and was The 1st meeting of the Subcom- ed that the loss of dairies is declin- plying non-local milk for the market asked to stimulate entrepreneurship mittee on Rural Issues of the Inter- ing to the point that it is becoming which would reduce the margins of in 19 northeastern Kentucky coun- im Joint Committee on Agriculture critical. profit for Kentucky producers. If that ties. That project was very success- was held on Tuesday, November 10, Sen. Stein asked if the federal is happening, then the reduced mar- ful, and they are currently conduct- 2009, at 10:00 AM, in Room 131 of government was playing a role in the gins would limit Kentucky producers’ ing another training class in several the Capitol Annex. Representative supply and demand of dairy products. ability to expand and be competitive. counties in south-central Kentucky, Johnny Bell, acting Co- Chair, called She also asked if producers were a He listed several issues for review by including Allen County. He said they the meeting to order, and the secre- part of the Kentucky Proud Program. the Milk Commission. had an investment of $2.1 million tary called the roll. Mr. Crist stated that the dairy indus- Sen. Winters asked if the sale over the past five years that has been Present were: try is based on the world-wide mar- of raw milk would be an option for used for speakers, lodging, national Members: Representative John- ket, and it fluctuates with the decline dairy producers. Mr. Cox, Mr. Crist, conferences, one full-time coordina- ny Bell, acting Co-Chair; Senators of the stock market. Dairy producers and Mr. Klingenfus all agreed that le- tor, and a new full-time alumni coor- David Givens, Kathy W. Stein, and are not making money, but the pro- galizing the sale of raw milk would dinator in northeastern Kentucky. Ken Winters; Representatives Mike cessors are enjoying record earnings. not be beneficial. Mr. Miller Slaughter, Allen Coun- Cherry, James R. Comer Jr., C. B. Mr. Cox explained that Ken- Rep. Stone asked if Kentucky ty businessman, noted how entrepre- Embry Jr., Tom McKee, Steven Rudy, tucky actually imports milk. There producers were at a specific disad- neurs are a necessity to communities. Dottie Sims, Wilson Stone, and Tom- are federal issues that are regulated vantage compared to other states. He asked what Dr. Hustedde sees as my Turner. through a federal system, just as the Mr. Cox stated that Kentucky produc- the largest obstacles to stimulating Guests: Maury Cox, Executive price of milk is set federally. There are ers should not have a different price entrepreneurship in the communities Director, Kentucky Dairy Develop- four entities involved in the system: for milk compared to other produc- and what can the state do to help the ment Council; Bill Crist and Bob the federal government, the proces- ers across the United States. He said institute be successful. Dr. Hustedde Klingenfus, Kentucky dairy produc- sors, the marketers, and the produc- that the disadvantage is the price for responded that there are many keys ers; and Lewis Ramsey, Director, ers. The first three entities set the transportation costs of milk. to the success of entrepreneurship, Kentucky Milk Safety Branch. rules. The producers have very lim- Sen. Givens stated that if federal including industrial recruitment, ac- LRC Staff: Stefan Kasacavage ited information with which to make officials would not listen to the Milk cess to fiber optic cable, and recog- and Susan Spoonamore, Committee decisions. Mr. Cox stated that pro- Commission’s issues, then he would nizing the importance of agriculture. Assistant. ducers are exploring opportunities to like the Commission to consider A copy of Dr. Hustedde’s presenta- Chairman Bell introduced Maury become a part of the Kentucky Proud drafting a Resolution and present tion is on file with the LRC Library. Cox, Executive Director, Kentucky Program. it to the Agriculture Committee for Next, Mr. Sanders introduced Dairy Development Council, Bill Crist Rep. Sims asked how many dairy consideration. Mr. Jim Fortsch of UPS. Mr. Fortsch and Bob Klingenfus, Kentucky dairy producers have gone out of busi- Sen. Givens also asked if Ken- explained how UPS and UPS Capi- producers to discuss the problems ness, and how many dairy producers tucky milk should be branded. Mr. tal have been providing financing faced by the Kentucky Dairy Produc- are still in business. Mr. Cox stated Cox stated that before branding to United States companies to help ers. that there are 967 dairy farmers still could happen, the whole industry them win more business overseas. Mr. Crist, who has two dairy in business. Over the past couple of would need to agree and participate. He said that UPS provides the three farms, one in Barren County and years Kentucky has lost 200 dairy He also stated that the Secretary of critical components of global com- the other in Metcalfe County, stated producers. Agriculture is in the process of form- merce; goods, information, and that between both farms he has 270 Chairman Bell stated that the ing a Dairy Advisory Committee. funds. This allows UPS to maximize cows, 250 heifers, and 2 steers. He dairy farmers in Barren County were Mr. Cox stated that it was im- its logistics capabilities and technol- said that in 2008 the gross income losing at least $10,000 a month. He portant to connect the producers ogy. He pointed out that based on was $2,300,000. In the past, he has was concerned that some entities as- with the consumers and processors. 2008 data, Kentucky ranks twenty- been able to keep 10% to 20% of the sociated with the milk producers were The Milk Commission will be meet- first in terms of U.S. exportation of gross income, and the other 80% getting rich, while the producer was ing soon and would like to come back goods at $19.7 billion. - 90% went back into the general starving to death. He asked what ac- and speak to the Committee around Mr. Fortsch next explained two economy. tion could be taken by the legislative the first of the year. other programs that UPS adminis- Mr. Crist said that presently he body to help the producers. He asked Rep. Sims asked how many fa- ters. One provides term financing to was operating and living on the eq- for written information addressing cilities produce Grade A products. emerging market-based companies uity that had accrued during the last the issues facing dairy producers. Lewis Ramsey, Director, Kentucky to finance their purchases of capi- 12 years. He said that the farms were Mr. Bob Klingenfus, a dairy pro- Milk Safety Branch, stated that there tal equipment manufactured by U.S. losing approximately $30,000 per ducer from Oldham County, Kentucky are 24 facilities that produce Grade companies. The other provides a line month, and since January, they had stated that his family owns 300 acres A products, and 8 fluid plants where of credit for emerging market-based lost $190,000. In January, 2009, the and rents 1,200 acres. He milks 120 bottled milk is processed. There are companies to finance their purchase debt per cow was less than $800, but cattle and has 120 replacement heif- 200 milk haulers and approximately of goods from U.S. exporters. A copy now the debt has increased to $2,000 ers. He stated that 66% of his farm 120 samplers who sample the milk at of Mr. Fortsch’s presentation is on per cow. He said the goal of owning revenue comes from the dairy. He the plants.

 2009 Interim LEGISLATIVE RECORD Sen. Givens asked if Mr. Ramsey Herndon who have returned to work. Judge lenient to allow more flexibility. worked with Chris Thompson of the Chairman Rand entertained a Shake added that many homeowners Senator Tori asked for the aver- University of Kentucky Regulatory motion from Representative Denham in the process had accelerated notes age cost of the homes in the twelve Services. Mr. Ramsey stated they to approve the minutes from the Sep- because of missed payments. resolved cases. Mr. Albers stated the have been able to work with them tember 24, 2009 meeting. The mo- Representative Westin asked value of homes varied widely. The to create a milk truck with cutting tion was seconded by Senator Buford how willingly the lenders participate majority are in the middle-income edge technology that has a security and passed by voice vote. in the program. Judge Shake respond- range. There has not been a great system that can be locked down. The Chairman Rand recognized Ran- ed that lenders have become increas- deal of upper-income homes going hauler has a hand-held computer dy Smith from Budget Review. He ingly willing to participate. The pro- through the program and the major- which allows him to input data that welcomed Mr. Smith back from his gram is attractive to lenders because ity of lower-income homes are not was once done by hand. Mr. Thomp- service with the National Guard in it does not interrupt the foreclosure owner-occupied. Mr. Albers noted son has developed a new way to pull Iraq. process. Since it is an “opt-in” pro- that in the short time period of the milk samples from the tank to test Mr. David Nicholson, Circuit gram for the homeowners, it self-se- program, the response from hom- for antibiotics. Court Clerk, Judge James Shake, lects participants who have reason eowners has been very encouraging. Chairman Bell thanked the pre- Chief Judge, Mr. Dan Albers, Master to believe they can work out a bet- In Jefferson County, there are be- senters and the committee members Commissioner of the Jefferson Coun- ter arrangement to avoid foreclosure. tween 6,000 and 7,000 vacant and for their attendance. There being no ty Circuit Court, Ms. Dana Jackson, Representative Westin asked about dilapidated houses, the vast majority further business, the meeting was Making Connections Network, Jeff the biggest challenges to the success having gone through the foreclosure adjourned. Been, Executive Director, Legal Aid of the program. Judge Shake replied process. Mr. Nicholson added that in Society, and Brenda Walker, Kentucky that the challenges are keeping on addition to having the Mayor’s office INTERIM JOINT COMMITTEE Housing Corporation addressed the top of the process month-to-month, involved, Congressman Yarmuth’s ON APPROPRIATIONS AND committee regarding the Residential funding for the program, and out- office is also involved. Mr. Nicholson REVENUE Foreclosure Conciliation Project. Mr. reach. stated he would find the average val- Minutes of the 4th Meeting Nicholson told the committee that Representative Brinkman asked ue of the houses involved in the pro- of the 2009 Interim the Jefferson County Circuit Court if there had been any problem be- gram and provide that information to October 22, 2009 has created a pilot program which cause of the current trend of slicing Senator Tori. The 4th meeting of the Interim attempts to bring together the hom- up the ownership of mortgages and Representative Simpson noted Joint Committee on Appropriations eowner and lender to explore alter- selling off pieces, which makes own- that when the property is mortgaged and Revenue was held on Thurs- natives to foreclosure. Mr. Nicholson ership difficult to track. Judge Shake over its fair market value, there can day, October 22, 2009, at 1:00 PM, stated that the program also helps replied that since the program was so be a deficiency judgment even af- in Room 154 of the Capitol Annex. relieve the Jefferson County Cir- new, they had not run into that issue ter the foreclosure which can cause Representative Rick Rand, Chair, cuit Court’s heavy workload, which yet but it has been discussed. When some homeowners to go into bank- called the meeting to order, and the has increased due to budget-related ownership is divided up, lenders ruptcy. Also, some banks fail to re- secretary called the roll. staff reductions. Judge Shake told sometimes owe fiduciary duties to cord the deeds of properties, which Present were: the committee that 38.12 percent the holders of the paper and cannot then become a nuisance to the com- Members: Senator Bob Leeper, of the civil cases filed in the Jeffer- participate in the process. Mr. Albers munity. He asked if the program en- Co-Chair; Representative Rick Rand, son County Circuit Court in 2009 are added that in order for a plaintiff to compassed good business protocols Co-Chair; Senators David E. Boswell, foreclosures. receive a judgment in a foreclosure and what it does about deficiency Tom Buford, Denise Harper Angel, Er- Partners in the program include case, they have to trace the order judgments. Mr. Albers stated good nie Harris, Dan Kelly, Alice Forgy Kerr, judges, the Circuit Clerk, the Master of assignment to prove they are the business practices are part of the R.J. Palmer II, Joey Pendleton, Bran- Commissioner, outreach workers, owner of the paper. program protocol. Deed in lieu of don Smith, Robert Stivers II, Gary housing counselors, Legal Aid and pro Representative Denham asked foreclosure is only going to be avail- Tapp, Elizabeth Tori, and Jack West- bono attorneys, the Kentucky Home- about the response from regulatory able in cases where a graceful exit wood; Representatives Royce W. owner Protections Center (KHC), and agencies. Mr. Albers responded that has been worked out. One of the so- Adams, John A. Arnold Jr., Scott W. banks. The goal is to open the lines there has been no negative feedback lutions has been an agreed sale date, Brinkman, Dwight D. Butler, James R. of communication and address both from agencies. Judge Shake has said which allows the property to be sold Comer Jr., Jesse Crenshaw, Mike Den- homeowner and lender frustration. that since the program emphasizes through the court system free and ham, Bob M. DeWeese, Danny Ford, This program is only available for cooperation, agencies are able to be clear of the other liens on the prop- Derrick Graham, Keith Hall, Jimmy owner-occupied properties. While involved in the process. Representa- erty. Representative Simpson asked Higdon, Jimmie Lee, Harry Moberly not all foreclosures are resolved, pos- tive Denham asked for the ratio of about banks that sell the deficiencies Jr., Lonnie Napier, Fred Nesler, Marie itive outcomes can include a “grace- sales price to debt owed in houses to debt agencies, creating problems Rader, Jody Richards, Charles Siler, ful exit” from the home by allowing foreclosed. Mr. Albers gave an edu- for the homeowner. Mr. Albers re- Arnold Simpson, Tommy Thomp- the homeowner more time. cated guess of no more than 75 per- plied that it is something that can be son, Tommy Turner, Jim Wayne, Ron Since the start of the pilot pro- cent. He faulted the appraisal for the negotiated in the program. Weston, and Brent Yonts. gram in three divisions, fifty-five ho- mortgage, saying they have been sig- Next, Mr. Daniel Bork, Vice- Guests: Judge James Shake, Mr. meowners have returned hardship nificantly higher than the court-or- President of Tax for Lexmark Inter- David Nicholson, and Mr. Dan Albers, packets to the lender’s attorney. dered appraisal under the foreclosure. national, Inc., and Mary Jean Riley, Jefferson County Circuit Court; Ms. Of the twenty-five resolved cases, He attributed this over-valuation to CFO at North American Stainless, Dana Jackson, Making Connections twelve ended with the homeowners the systemic problem in the lending addressed the committee on behalf Network; Jeff Been, Executive Direc- negotiating a solution which allowed industry at the time the loan was of the Kentucky Single Sales Factor tor, Legal Aid Society; Brenda Walker, them to remain in the home. The re- made. Representative Denham asked Coalition. Mr. Bork introduced the Kentucky Housing Corporation; Mr. maining ten divisions joined the pro- for the ratio between the sales price single sales factor as an important Daniel Bork, Vice-President of Tax gram in July, and Judge Shake antici- and the appraised price. Mr. Albers economic development issue, driven for Lexmark International, Inc.; Mary pates an increase in resolved cases. replied that it would vary, depending by a national trend in changes to the Jean Riley, CFO at North American Chairman Rand asked if foreclo- on the region, but with an estimated corporate apportionment formula. Stainless; Mr. Anthony Toups, Senior sures have slowed since the imple- average of 80 percent. To defeat the Mr. Bork noted that in 1998, Vice President of Advantage Capital mentation of this project. Mr. Albers right of redemption, bidding on the a study concluded that the three Community Development Fund; Mac said it was too soon to tell. Chairman foreclosed house must start at two- factor formula is an implicit tax on Wall, Tim Bishop, Nancy Carpenter, Rand asked if there were a common- thirds of the court-ordered appraisal each factor. Subsequent studies have Julie Schmitt, and Shay Hopkins, ality in the foreclosures that have value. found improvement in employment Kentucky Educational Television. been successfully negotiated under Senator Buford suggested that by eliminating the property and pay- LRC Staff: Pam Thomas, Jen- the project. Mr. Albers stated that the program reach out to federal roll factors. Mr. Bork said that stud- nifer Hays, Charlotte Quarles, Sheri the homeowners who are successful bank regulators to help them better ies have concluded that states that Mahan, Eric Kennedy, and Whitley in this process are generally the ones understand the process and be more reduce the property and payroll fac-

THE KENTUCKY GENERAL ASSEMBLY  tors will gain jobs at the expense of Representative Hall asked to several CDEs operating in Kentucky. rector, Tim Bishop, Director of Mar- other states. Mr. Bork presented a see data about the seven surround- One example is Kentucky Highland keting, Nancy Carpenter, Director of map showing states differing sales ing states comparing the unemploy- Ventures, which will be working with Education, Julie Schmitt, Director of factor weights. He also presented a ment, specifically as regards manu- Advantage Capital Community De- Community Relations and Shay Hop- sample of how the current factor ap- facturing. velopment Fund. The law is intended kins, Deputy Director of Content, all portionment works in Kentucky and Senator Boswell asked how this to fund small businesses, as opposed at Kentucky Educational Television how it would change under single would affect companies with head- to a specific project. Chairman Rand (KET), spoke to the committee about sales factor. quarters in Kentucky, for example asked for the requirements of CDEs in KET’s Educational Services. Chair- Mr. Bork concluded by assert- with a company like Toyota. Mr. Bork terms of jobs. Mr. Toups replied that man Rand announced that Mr. Wall ing that the single sales factor ap- responded that it would depend how the federal government and other is retiring after six years and asked portionment has become the stan- much payroll and property they had states have not put job creation re- the Secretary to read a Resolution dard among states today. Current in the state. He guessed that they quirements on the program, though Honoring Malcolm Wall. Chairman “home-based” companies are paying would be helped slightly because experience has shown job creation. Rand entertained a motion from Rep- higher taxes in other states that have they have lots of payroll in other Mr. Toups noted the University of resentative Yonts to adopt the reso- adopted the single factor apportion- states, but that it is hard to know Kentucky School of Business will be lution. The motion was seconded by ment formula. Changing Kentucky’s exactly. doing an impact analysis, but other Representative Nesler and passed by formula will have no affect on small Next, Mr. Anthony Toups, Senior studies have shown that the program voice vote. businesses that have all their sales Vice President of Advantage Capi- in other states was ultimately reve- Mr. Wall told the committee within the state. tal Community Development Fund, nue positive. that, since 1968, KET has been pro- Chairman Rand asked how many spoke the committee about the New Chairman Leeper asked if there viding state-of-the-art educational states were using the single sales Market Proposal. The program is de- are Kentucky entities currently par- programs helping to break down the factor apportionment formula. Mr. signed to create low cost capital for ticipating in the federal program. Mr. economic and geographic barriers of Bork responded there were around small businesses in poor communi- Toups replied in the affirmative and the state. KET includes three digital, twenty states under the single sales ties throughout the state. It is mod- said those entities would be eligible over the air channels: KET, KET2, and factor formula exclusively, a number eled after a federal program. Upon to participate in the Kentucky pro- KET KY. KET provides coverage of ev- more who are doing it for specific passage of legislation, Mr. Toups ex- gram. Chairman Leeper asked if there erything from the arts to the General industries and more that are opting plained that there would be immedi- were any indication that there was Assembly. One million people use in. In total, there are approximately ately available pools of capital which large opportunity in Kentucky be- KET services each week. KET has thirty states. Chairman Rand asked if would be lent out to businesses in yond what was already being served been nationally recognized as the states were using it as an economic low income communities. The leg- with the federal program. Mr. Toups best model for a statewide educa- development tool. Mr. Bork stated islation offered last year by Repre- replied that when similar programs tional television network. KET pro- that economic development was the sentative Webb would have created have been enacted in other states, vides a wide variety of educational only reason he knew of why states a pool of $300 million. Mr. Toups there was a huge demand. The fed- resources, from pre-school through were adopting the single sales fac- reported that in similar programs in eral program demand to availabil- higher education. Mr. Wall highlight- tor formula. Chairman Rand asked if other states, each dollar lent turns ity is around five to one. The 2009 ed three of KET’s educational servic- there would be any job growth as- over once in the seven year loan pe- federal allocations, which will be re- es: Instructional Resources, Teacher sociated with Kentucky adopting the riod. There is significant demand for leased later this month, show a huge Professional Development and GED single sales factor formula. Mr. Bork this program and many states have disparity between the amount of ap- Preparation. said there has been no direct tie to used it. plications and the amount available Ms. Carpenter told the com- job growth but the possibility of job Mr. Toups stated that the private to lend. Chairman Leeper asked if mittee that KET works with the growth has been demonstrated in sector investors would receive future it were a finite, seven year program Kentucky Department of Education economic reports. Ms. Riley noted credit against Kentucky taxes from and, if the money is repaid back into (KDE), which helps KET produce in- that existing business would take participating in the program, with a the fund after seven years, what hap- struction and professional develop- this into account when making deci- two year delay before credit can be pens to that money. Mr. Toups ex- ment resources to address the spe- sions to expand and add job in Ken- claimed. Thus, the cost to the state plained the timeline of the program. cific needs of the Commonwealth, tucky. Chairman Rand asked who the would accrue only after the third Once the money is raised from in- based on achievement data and ar- losers would be under a single sales year. Congress has excluded certain vestors, the CDE has twelve months eas of need identified by KDE. KET factor formula. Mr. Bork answered groups from participating, like horse to lend it out and must have all the has planned and produced hundreds the losers would be companies who racing, gambling, and liquor stores. money continuously out to qualified of instructional resources in all cur- do business in Kentucky but have Loans are also not for residential, but businesses. At the end, the money is riculum levels and all grade levels, all no significant payroll or property in rather focus on operating compa- returned to the investor. Chairman based on the specific needs of Ken- Kentucky. nies. Mr. Toups showed the commit- Leeper asked if any interest is paid. tucky students. Representative Wayne asked for tee the geographic areas in Kentucky Mr. Toups replied that the borrow- KET is producing instructional the fiscal impact on the state. Mr. that would qualify for the program; ers pay interest on their loan. The resources, for example, in the area of Bork responded that they did not these areas must have 20 percent or federal program requires an interest Science, Technology, Engineering and currently have the data to deter- higher poverty level. Data to deter- of three to four basis points below Mathematics (STEM). One of KET’s mine the fiscal impact. He noted that mine qualification is taken from the prime, but the program is designed STEM instructional resources is the other states fiscal impact have noted census reports. to have return to the investors. Fi- website Scale City. Scale City is pro- at 10-20 percent loss in short-term The loan level is capped at $10 nally, Chairman Leeper asked for any duced in partnership with three oth- corporate revenue but that does not million and the credit level is capped data on how this program has affect- er states and targets middle school take into account a possible increase at $25 million per year, with no re- ed other state’s budgets. Mr. Toups math students. in employment. funds, and the credit is non-transfer- showed the committee a slide of data Ms. Carpenter stated that KET’s Senator Leeper stated that Or- able. Since the program can rely on from Missouri. High School Distance Learning has a egon’s Department of Revenue said the federal program for data, admin- Representative Brinkman asked twenty year history. Currently, there adopting the single sales factor for- istrative costs will be very low. The how often in other states this lender are over 3,000 students enrolled in mula cost $77.6 million in fiscal year entities making the loans, commu- is the only one available for quali- the Distance Learning classes of Ger- 2007. He asked for any fiscal impact nity development entities (CDE), are fied businesses. Mr. Toups replied he man, Latin, physics, and Arts & Hu- of the factor when adopted by other monitored by level of compliance. If did not know for sure, but his sense manities. Distance Learning allows states. Mr. Bork responded that he that compliance is not reached, the was about half the time. The smaller every student in Kentucky to take did not have data on other states. tax credits will not be redeemable. loans were the ones that typically lo- four years of a foreign language or Ms. Riley noted there was one state Chairman Rand asked which cal banks and financial institutions AP Physics program. In partnership which had an increase in revenue companies in Kentucky are currently were not particularly interested and with Kentucky Virtual High School when a single sales factor formula taking advantage of the federal pro- the CDE was the sole lender. (KVHS), KET is creating additional was applied. gram. Mr. Toups responded there are Finally, Mac Wall, Executive Di- courses in trigonometry and Arts &

10 2009 Interim LEGISLATIVE RECORD Humanities. All KET programs fea- important resource used throughout INTERIM JOINT COMMITTEE shown to help illustrate the vision of ture modern technology, such as the state, especially in coal county ON APPROPRIATIONS AND Southbank Partners. video, virtual physics labs, telephone schools. Kentucky is the only state REVENUE Senator Harris asked in refer- tutor and online social media to en- that is providing this kind of resource Budget Review Subcommittee on ence to the “Phase 1” subject within gage modern students. free of charge. Economic Development and Tourism, the presentation if the piers for the At the same time KET started Representative Moberly thanked Natural Resources and Environmen- boats to dock were only temporary. Distance Learning, it also started its Mr. Walls for his service. He asked tal Protection Mr. Peterman stated that was cor- professional development for Ken- about the format for AP Physics. Ms. Minutes of the 2nd Meeting rect. He further indicated that there tucky teachers. This professional Carpenter responded that it was an of the 2009 Interim is debris that flows out of the Licking development program has been key online course, using technology like October 22, 2009 River during heavy storms and col- to the implementation of KERA by integrated videos and Pencast. There The 2nd meeting of the Budget lects along the shoreline. He stated providing a state-wide network. For is a requirement there be a teacher Review Subcommittee on Economic the collection of the debris is another example, it demonstrates best prac- at the location to help the student. Development and Tourism, Natural major issue that needs to be tackled. tices by broadcasting video of out- Representative Moberly asked if there Resources and Environmental Pro- Representative Horlander asked standing teachers in Kentucky. Ms. is a teacher physically at the location tection of the Interim Joint Commit- if Southbank and its Northern Ken- Carpenter noted that KET looks for- to assist the student. Ms. Carpenter tee on Appropriations and Revenue tucky counterparts come to the Gen- ward to providing the extensive pro- said that there is a teacher on loca- was held on Thursday, October 22, eral Assembly for assistance for each fessional development necessary to tion for the whole class for supervi- 2009, at 10:30 AM, in Room 171 of project or if they are located in an implement SB 1. sion, though the teacher may not be the Capitol Annex. Representative ADD district. Mr. Peterman stated Specifically, KET is looking to well versed in the subject area of the John A. Arnold Jr., Chair, called the they come to the General Assembly make its repositories of programs class. The Virtual Classroom was de- meeting to order, and the secretary per individual project and they are searchable. Every service is available signed twenty years ago to also be called the roll. not in an ADD district. on-demand and online, specifically a professional development tool, so Present were: Chairman Arnold asked if South- through KET ED On Demand, KET En- it was generally run by a teacher in Members: Senator Ernie Harris, bank has any say so as to how fund- cycloMedia and PBS Digital Learning. the community. However, the pro- Co-Chair; Representative John A. ing is funneled through the projects, Distance Learning programs are used gram has evolved to be more stu- Arnold Jr., Co-Chair; Representatives when money is granted to Northern in 98 percent of Kentucky schools dent-oriented, rather than focused Dennis Horlander, Dennis Keene, Kentucky by the General Assembly. and 100 percent of Kentucky Univer- on professional development. Repre- Lonnie Napier, Ruth Ann Palumbo, Mr. Peterman stated they do not and sities. One program, KET EncycloM- sentative Moberly asked if there were Marie Rader, Fitz Steele, Jim Stewart that the monies are funneled through edia, was introduced in 2005 and is enough capacity for all interested III, and Susan Westrom. the cities and counties, not through about to hit five million discrete vis- students. Ms. Carpenter said that Southbank. Representative Keene its by a teacher or student. KET has KET has not had to cap participation LRC Staff: Kelly Dudley, Perry stated that the organization and all a staff of five consultants to travel in the courses. However, there is a Papka and Christina Williams. the surrounding cities and counties around the state, providing technical limitation as to how many students Chairman Arnold called the work together to prioritize projects. assistance and training. Ms. Carpen- can be in the classroom at a physi- meeting to order at 10:37 A.M. He Senator Harris commented that ter showed a short video featuring a cal location where the program is be- welcomed Representative Keene and the “nit picking” is being done at the Kentucky teacher’s experience with ing run. KET is working to increase the Southbank Partners and thanked local level in Northern Kentucky, and KET EncycloMedia. staff for programs to ensure that all them for coming to present informa- when they approach the General As- Representative Adkins asked if interested students can participate. tion about the organization to the sembly, Northern Kentuckians seems KET could track how many school Ms. Carpenter speculated that there committee. Senator Harris stated to have their priorities and requests districts take advantage of the Vir- would come a point where enroll- that normally the Northern Ken- in order and are united in their pur- tual Physics Labs on a regular basis. ment would have to be capped, but tucky people that come before the pose. He stated he appreciates that Ms. Carpenter said enrollment can currently there is sufficient staff to committee are very unified and have as a Senator. be tracked because each student logs accommodate demand. Representa- their priorities set and are ready to Representative Palumbo stated in separately. Last year, there was a tive Moberly asked if there are any present to the committee what their that she was very impressed that high interest in the program, increas- dual credit courses. Ms. Carpenter needs are in a very unified manner. Northern Kentucky has a Develop- ing enrollment by a thousand. Cur- replied that there were currently no He commended them for doing so; ers Day. She further stated she would rently, there are between two and dual credit courses but they were however, he was curious as to how love to attend it next year. three hundred students using the working on developing some dual Southbank fits into the equation and Representative Westrom stat- labs. KET is working to provide bet- credit courses. what it is that Southbank does. ed she was impressed as well with ter professional development around Senator Harper Angel noted that Southbank and its Northern Ken- the labs to make everything more she was currently serving on the Gov- Representative Keene thanked tucky counterparts and the progress user-friendly. Representative Adkins ernor’s Taskforce for Unemployment the committee for allowing them to that they have made. Representative asked, because of the need for tech- Insurance and one of provisions being present and proceeded to answer Westrom stated what a walkable nology in the classroom in order to discussed is tying benefits to enroll- Senator Harris’ question and inform community Northern Kentucky was take advantage of KET’s programs, ment in a GED course, but there was the committee as to what the mis- and how it would be a nice place to how many school districts were us- concern that some would not be able sion of Southbank Partners is in retire in the future. ing the programs. Ms. Carpenter to pass the program. Ms. Carpenter depth. Representative Keene intro- Representative Napier stated responded that all school districts said that KET has GED preparation duced Mr. Jack Moreland, President that the key to success is that every- were using KET’s programs. Be- programs, but before enrollment in of Southbank Partners and also one one is one the same page. He further cause teachers using KET’s resources the program, there is an assessment of Southbank’s Board of Directors, stated that if a community works register, KET can track how many of level of ability. If a person is as- Mr. Roger Peterman. together like Northern Kentucky is classrooms around the state are us- sessed to be not ready for the GED doing, things will come together. He ing these programs. There around program, there are pre-GED programs Mr. Peterman informed the com- indicated that his small community 50,000 teachers with accounts. As which provide more basic adult edu- mittee of the history of Southbank works together and is successful be- far as usage of resources, an estimate cation materials. With the expansion Partners. cause everyone is on the same page is difficult. KET encourages teach- of online services, KET is planning on and encourages Northern Kentucky ers to download videos directly onto providing more materials for the GED President Moreland proceeded to continue to do so. their own computers and run local and pre-GED programs. with a PowerPoint presentation to Representative Keene stated servers, to help reduce the band- Chairman Rand announced the further inform the committee about that a bank in China has recently ex- width pressure on KET. The result is committee would meet next on No- Southbank and some past and current pressed interest in investing $2 bil- that KET is unable to track how of- vember 12, 2009. The meeting was developments in Northern Kentucky lion in commercial real estate some- ten its videos are played. Mr. Walls adjourned at 3:25 PM. that it has been either in charge of, where along the Indiana, Ohio and noted that EncycloMedia has been an or associated with. A DVD was also Kentucky riverfront. He further stat-

THE KENTUCKY GENERAL ASSEMBLY 11 ed jobs in Kentucky will be created if Board of Pharmacy; Sue Derouen, ute and legislation would be neces- Boards if they do not receive Gen- that occurs. Operations Manager, Kentucky Board sary to increase the Board’s fees. Mr. eral Funds. Mr. Bishop replied that Representative Steele asked ap- of Nursing; and Rob Jones, Executive Burleson said the Kentucky Board of any time there is a state-mandated proximately how many people attend Director, Office of Policy and Audit, Pharmacy could only increase fees to cut, the Boards must scale back their the Fireworks show on Labor Day Finance and Administration Cabinet. a limited point and when that point budgets also. Senator Carroll ex- weekend, and of that amount how LRC Staff: L. Bart Hardin, Tom is reached, the regulatory process plained that the Boards’ budgets are many people attend on the Kentucky Willis, Randy Smith, Katherine Hal- would require legislation. state-appropriated funds, whether side. loran, Melissa Hagan, and Spring Em- Mr. Bishop explained that fees they come from agency funds or the President Moreland stated there erson. are paid to the state for internet, General Fund, and any state appro- are approximately 500,000 people Chairman Adams began by wel- email, and phone services through priations would be affected by bud- per year that attend the show and coming the members and guests to the Commonwealth Office of Tech- get cuts. he estimated about half attend on the meeting. He then requested a nology. He also said the Kentucky Senator Westwood asked if the the Kentucky side. He further stated motion to approve the minutes of Board of Dentistry and a few of the percentage of budget cuts was taken the waterfall off of the bridge in the the June 4, 2009 meeting. A motion other Boards utilize the Attorney before or after the agency funds were fireworks show is off of the Purple was made by Representative Combs, General’s office for their legal servic- swept. Senator Carroll replied the People Bridge. seconded by Representative Butler, es. Ms. Derouen added they also pay sweeping occurs before the budget is Senator Harris stated he believed and the minutes were approved by for training expenses. passed, and cuts are applied after the the convention center that was de- voice vote. Representative Pullin expressed budget is passed. veloped as a result of the 1995 spe- Mr. Brian Bishop, Executive Di- her appreciation of the Boards and Mr. Bishop stated that the Board cial session, has been a main cause in rector, Kentucky Board of Dentistry Commissions and the services they of Dentistry’s budget has been flat helping develop the Northern Ken- introduced Tamara McDaniel, Chair, provide. She asked for a compari- lined, while costs continue to in- tucky area. Kentucky Board of Respiratory Care; son of fees, fines, and other sources crease, which results in a bigger cut President Moreland stated Sena- Mike Burleson, Executive Director, of income. Ms. McDaniel replied than what appears on paper. He tor Harris was correct and that is Kentucky Board of Pharmacy; and, that the Kentucky Board of Respira- then asked to recognize analyst Carla why Southbank was formed and any- Sue Derouen, Operations Manager, tory Care had very few fines. Most Wright, Office of State Budget Direc- thing Southbank has done has been Kentucky Board of Nursing. Mr. Bish- of them are for non-renewal of li- tor, who had been very helpful to because of the development of that op provided an update of budgetary censes, and are very few. She said Boards and Commissions. convention center. President More- issues relating to the Kentucky Board the majority of the funds generated Chairman Adams suggested to land stated if an expansion was made of Dentistry. He also provided a brief come from new licensing and renew- the Boards that they encourage their to the convention center, more busi- overview of budgetary issues for the als. Ms. Derouen replied that most membership to contact their Sena- ness could be brought in, because Kentucky Board of Physical Therapy, of the funds generated by the Ken- tors and Representatives to discuss as of now meetings are being turned in the absence of Becky Klusch, Ex- tucky Board of Nursing come from this matter, especially those on the away because there are not enough ecutive Director. fees as well. She indicated that fines Conference Committee that makes meeting rooms in the center. Senator Carroll asked if the do not cover expenses for investiga- the final budgetary decisions. He Chairman Arnold thanked Boards were aware of pending liti- tions and hearings that are neces- thanked them for the information Southbank and Representative Keene gation challenging the sweeping of sary to collect them. Mr. Burleson they provided. He then welcomed for their presentation and adjourned funds from restricted accounts, and if said the Kentucky Board of Pharmacy Rob Jones, Executive Director, Office the meeting at 11:43 A.M. any of the Boards were participating receives only 6% to 7% of its funds of Policy and Audit, Finance and Ad- in that litigation. They all responded through disciplinary actions. He said ministration Cabinet (FAC). INTERIM JOINT COMMITTEE they were aware of the litigation but it is hard to predict how that would Mr. Jones gave a brief overview ON APPROPRIATIONS AND were not participants in it. affect the budget. Mr. Bishop stated of audit functions in the Finance and REVENUE Senator Carroll inquired about the Kentucky Board of Dentistry is Administration Cabinet as they re- Budget Review Subcommittee on services provided by state govern- very similar to the other Boards in late to the American Recovery and General Government, ment for the Boards, specifically that it generates most of its funds Reinvestment Act of 2009 (ARRA). Finance, and Public Protection payroll services. Mr. Bishop replied from licensing fees. Representative Denham asked Minutes of the 2nd Meeting that their payrolls are paid from the Representative Riggs expressed if the federal government performs of the 2009 Interim agency funds, but are paid through his concern regarding the sweeping random audits on ARRA funds and October 22, 2009 the State Treasury. Senator Carroll of agency accounts and the tracking if the FAC has an external auditor for The second meeting of the Bud- asked if their funding was provided of those funds. He asked how many ARRA funds as well. Mr. Jones re- get Review Subcommittee on Gen- by the Office of State Budget Direc- of the Board of Dentistry’s 108 dis- plied that his office coordinates com- eral Government, Finance, and Public tor (OSBD). Mr. Bishop replied in the ciplinary cases resulted in forfeiture pliance, and works to ensure agency Protection of the Interim Joint Com- affirmative. Senator Carroll asked if of licenses. Mr. Bishop replied that reporting matches what is in the FAC mittee on Appropriations and Rev- state government is paid for those the philosophy of the Board is to re- accounting systems, as well as oc- enue was held on Thursday, October services. Mr. Bishop replied that they habilitate as many practitioners as casional spot-checks on individual 22, 2009, at 10:00 AM, in Room 129 do not pay for the services provided possible in order to help them keep expenditures. He added that each of the Capitol Annex. Representative by the OSBD and the Treasury. their licenses and stay in practice. federal grant is subject to multiple Royce W. Adams, Chair, called the Representative McKee inquired He stated that there have been no types of federal audits, depending meeting to order, and the secretary about the fact that the Boards gener- licenses revoked in the year he has on the grant and its individual audit called the roll. ate their own funds, and asked where been with the Board. provisions and responsibilities. Present were: those funds come from. Mr. Bishop Representative Montell asked if Representative Denham ex- Members: Senator Jack West- replied that all licenses for the Board Board employees participate in Ken- pressed his concern regarding the wood, Co-Chair; Representative of Dentistry are on a two-year renew- tucky Retirement Systems and if the bonding issues of local governments. Royce W. Adams, Co-Chair; Senators al cycle, with dentists’ license fees of employee portion of health insur- He inquired about the responsibility Julian M. Carroll, and Joey Pendleton; $230 being due on odd-numbered ance is paid with Board funds. Mr. of oversight of debt, bonds, and debt Representatives Dwight D. Butler, years and hygienists’ license fees of Bishop replied in the affirmative. Ms. capacity of local governments. He Leslie Combs, Mike Denham, Charlie $150 being due on even-numbered Derouen added that retirees’ health asked if there was oversight to the Hoffman, Adam Koenig, Tom McKee, years. He said money is also gen- insurance is also paid from their counties to make sure their bond- Brad Montell, Tanya Pullin, Steve erated from disciplinary cases and agency funds. Representative Mon- ing capacity was not overextended. Riggs, and Charles Siler. fines. He added those are the only tell asked if the Actuarial Required Mr. Jones replied that the FAC looks Guests: Brian Bishop, Executive means of generating revenue, as no Contribution (ARC) for retirement is at responsibilities in reporting and Director, Kentucky Board of Dentist- General Fund money is used. Repre- paid with agency funds as well. Ms. oversight of actual program funds, ry; Tamara McDaniel, Chair, Kentucky sentative McKee asked if the fees can Derouen replied in the affirmative. rather than bonding issues. Sena- Board of Respiratory Care; Mike Bur- be raised independently. Mr. Bishop Senator Westwood asked how tor Carroll commented that local leson, Executive Director, Kentucky replied that the fees are set by stat- state budget cuts would affect the governments control the budgets of

12 2009 Interim LEGISLATIVE RECORD individual counties and provide con- the month. be unable to attend due to a previ- summary screen, so that if the voter tinuing oversight of each, with audit- Chairman Adams expressed his ously scheduled surgery appoint- chooses the straight ticket but wants ing being performed by the Auditor appreciation for the information pro- ment. to vote for a candidate representing a of Public Accounts (APA). vided, and asked Mr. Jones to provide Chairman Westwood asked for different party, they would have the Senator Carroll inquired about requested reports to Budget Review a motion to approve the minutes of opportunity at that time to go back amounts of grant funds going into staff. the October 22, 2009 meeting. A and make a change before finalizing the General Fund for the current year Chairman Adams welcomed motion was made by Representative their vote. as well as the next budget biennium. analyst Randy Smith, who returned Hoffman, seconded by Representa- Representative Siler commented He also asked about the amount of from serving the armed forces in Iraq tive Koenig, and the minutes were that the federal effort to make all agency funds FAC oversees for the for the past two years. He also wel- approved without discussion. votes count, particularly those of de- current year as well as agency funds comed new member Representative Chairman Westwood invited ployed military personnel, was very anticipated for the next biennium. Adam Koenig to the committee. Secretary of State Trey Grayson and good. He asked if the amount of Mr. Jones replied that the figures There being no further business, Sarah Ball Johnson of the State Board money expected for the effort would he had are State Fiscal Stabilization the meeting was adjourned at ap- of Elections to come forward and dis- be adequate to do the job. Ms. John- Funds (SFSF) reported by the agencies proximately 11:16 AM. cuss their budgetary needs. Secre- son replied probably not. She added as of September 2009. At the close tary Grayson gave a brief overview of they might receive $1.4 million, and of the quarter, SFSF awards in the INTERIM JOINT COMMITTEE the Secretary of State’s office budget, combined with existing HAVA funds amount of $356,974,000 went to the ON APPROPRIATIONS AND followed by Ms. Johnson, who gave would be approximately $6 million, Kentucky Department of Education REVENUE an overview of the budget for the most of which was earmarked by (KDE) and the universities. Senator Budget Review Subcommittee on State Board of Elections. the Board to upgrade the voter reg- Carroll asked if other agencies had General Government, Senator Carroll asked what per- istration database from a mainframe been awarded grants. Mr. Jones re- Finance, and Public Protection centage of their budget was supported system to a web-based system. Sec- plied that SFSF awards in the amount Minutes of the 3rd Meeting by fees collected by the Secretary of retary Grayson added that it is ex- of approximately $118,500,000 went of the 2009 Interim State’s office. Secretary Grayson re- pected for Congress to appropriate to the Justice and Public Safety Cabi- November 16, 2009 plied that their fees were on the low- some amount for that purpose. He net. Senator Carroll asked if there The third meeting of the Bud- er end as compared to other states. said they had participated in a pilot were other agencies. Mr. Jones ex- get Review Subcommittee on Gen- He added that they have projected program developed by the federal plained there are many agencies re- eral Government, Finance, and Public approximately $961,000 in Restrict- Department of Defense to deliver ceiving stimulus funds, but those fig- Protection of the Interim Joint Com- ed Fund money from the collection of ballots electronically via email to sol- ures mentioned were for SFSF funds mittee on Appropriations and Reve- fees, with the rest being swept out diers and overseas citizens; however, specifically. Senator Carroll asked for nue was held on Monday, November to help cover other state operating there are no plans to continue that totals of all the grants awarded to the 16, 2009, at 10:00 AM, in Room 131 expenses. Senator Carroll requested program in 2010. Representative various agencies, for the current year of the Capitol Annex. Senator Jack a comparison of existing fees versus Siler agreed that it should be a recur- as well as what may be anticipated Westwood, Chair, called the meeting what might be reasonably charged. ring program for the funding aspect. in the future. Mr. Jones will provide to order, and the secretary called the Secretary Grayson stated they would Representative Adams asked if that information at a later date. roll. update the information and provide online absentee ballots are limited to Senator Carroll asked about Present were: it to the committee. Senator Carroll overseas citizens or would it apply to the awards being overseen by the Members: Senator Jack West- commented that the General Assem- all absentee ballots. Ms. Johnson re- FAC’s Office of Policy and Audit. wood, Co-Chair; Representative bly should take a look throughout plied that it was for military person- Mr. Jones replied total awards were Royce W. Adams, Co-Chair; Senators state government to see whether nel, their dependents, and overseas $1,137,000,000, and of that amount Julian M. Carroll and Joey Pendleton; fees are being collected commensu- voters only. only a fraction has been spent. He Representatives Charlie Hoffman, rate with services provided. Secre- Attorney General Jack Conway added that Medicaid and Unemploy- Adam Koenig, Tom McKee, Brad tary Grayson commented that if fees came forward and provided informa- ment Insurance funds are awarded Montell, Tanya Pullin, Steve Riggs, were increased, one recommendation tion regarding the budget of the At- directly to those agencies. Sena- Charles Siler, and Wilson Stone. would be to increase the paper filing torney General’s office. With him tor Carroll asked for those amounts Guests: Trey Grayson, Secretary fee to encourage more online filing in were Deputy Attorney General Dana to be provided as well, even though of State; Allen Eskridge, Assistant order to reduce operating expenses. Mayton and Bonnie Howell, Execu- they do not have the same reporting Secretary of State; Sarah Ball John- Senator Carroll asked if any ad- tive Director, Office of Administra- responsibilities. son, Executive Director, State Board ministrative overhead was allowed in tive Services. Senator Carroll asked for more of Elections; Jack Conway, Attorney the federal funds for the State Board Representative Siler stated that information regarding grants that go General; Dana Mayton, Deputy At- of Elections, or would it all be used there are three electrical providers to the State Budget Office that are torney General; Bonnie Howell, Exec- for technology. Ms. Johnson replied in his district; Cumberland Valley used in General Fund appropriations utive Director, Office of Administra- that overhead and administrative RECC, Kentucky Utilities, and the for the current budget year, as well as tive Services, Office of the Attorney costs were not included in the Help Tennessee Valley Authority (TVA). the amount anticipated for the up- General; Todd Leatherman, Executive America Vote Act (HAVA) funds. He said the TVA provides service to coming budget year. He asked that Director, Office of Consumer Protec- She said federal money appropri- approximately one-third of his dis- the same information related to the tion, Office of the Attorney Gen- ated through the Military Overseas trict, and their rates are significantly Office of Unemployment Insurance eral; Chris Cohron, Warren County Voter Empowerment (MOVE) Act higher than the other two providers, and Medicaid be provided. Commonwealth’s Attorney; John does allow for the payment of some which are fairly consistent. He com- Estill, Mason County Attorney; Mack administrative costs; however, since mented that he receives more con- Representative Montell inquired Bushart, Executive Director, Prop- the legislation was recently enacted, stituent complaints on that than al- about agencies applying for available erty Valuation Administrators; Jason the details had not been distributed. most any other subject. He said that grants and the oversight of those Scriber, President, Property Valuation Also, she indicated she was unsure recent news had indicated that the grants. Mr. Jones replied that the Administrators Association; and, what costs would be associated with TVA would be held responsible for OSBD keeps track of all the stimu- Karen Bushart, Chairperson, Prop- the MOVE Act, but would keep the the slurry spill in Tennessee, which lus funds and the agencies receiv- erty Valuation Administrators (PVA) committee posted. enraged his constituents in that area ing them. Representative Montell Budget Committee. Representative Pullin expressed because Kentucky rate payers would asked where a person would go to LRC Staff: L. Bart Hardin, Tom a complaint from many of her con- have to pay for a disaster that oc- see where the money was distrib- Willis, Randy Smith, Katherine Hal- stituents regarding the new voting curred in Tennessee. He asked if the uted. Mr. Jones replied that the first loran, and Spring Emerson. machines not allowing the voter rate intervention process in the At- reporting period ended on October Representative Royce Adams in- to change their choices once the torney General’s office would have 21, 2009, and those reports should dicated that he had received a mes- straight ticket was chosen. Secretary the ability to influence those dispari- be available on both state and federal sage from Representative Denham Grayson said the newer machines ties. He expressed the seriousness of transparency websites by the end of expressing his regret that he would have been programmed to have a the issue, indicating that businesses

THE KENTUCKY GENERAL ASSEMBLY 13 and industries would change loca- tive development. come forward. Mack Bushart, Ex- of border counties registering their tions to avoid the higher rates. Gen- Representative Riggs asked ecutive Director, PVAs, Jason Scriber, vehicles in other states. Mr. Bush- eral Conway stated that the TVA is where victims’ advocacy grants come PVA Association President, and Kar- art replied there was a program being a federal corporation and therefore from and if they were a statutory re- en Bushart, Chair, PVA Budget Com- developed in the Revenue Cabinet to they would have limited ability to in- quirement. General Conway replied mittee, provided information regard- address that issue on a statewide ba- fluence TVA’s rate structure. He said that traditionally they were con- ing their agency budget. sis. he was now aware of the problem tained in their budget request and Representative McKee asked how Representative Adams com- and would look into the issue and were a part of the appropriation, not the issues of declining property and mented that the meeting was very get back with Representative Siler on required statutorily. land values are handled. Ms. Bush- informative, and thanked the pre- the subject and the possibility of in- Representative Koenig asked for art replied that they look at sales and senters and LRC staff for their hard tervention in his district. an explanation of the term maximum market values, and if there is a major work. Representative Stone asked if personnel flexibility. General Con- decline in the property values, the Chairman Westwood announced the proceeds from forfeitures ac- way replied that additional budget values would be decreased according that this would be the last meeting quired from major drug arrests and reductions would require personnel to market values. Mr. Scriber agreed, of the 2009 interim. He expressed cybercrimes were available for the actions such as implementing a lay- adding that whether the market was his appreciation to the members for use of the Attorney General’s of- off plan, furloughs, or a combination stable or had reduced, the values their attendance. fice. General Conway replied that of those. would be raised or reduced accord- There being no further business drug-related forfeiture laws were Representative Adams asked if ingly. He commented that the values or discussion, the meeting was ad- more liberal than cybercrimes laws, small businesses were not currently are still holding, but it may take lon- journed at noon. and asset forfeitures allowed from included in the no-call list. Gen- ger for a property to sell. cybercrimes cases are limited to cars eral Conway replied that small busi- Representative Siler commented INTERIM JOINT COMMITTEE and computers used in solicitation nesses were not eligible because it that cutting the PVA staff is like a ON APPROPRIATIONS AND crimes. Ms. Howell added that the was for residential customers only. farmer eating his seed corn. He stat- REVENUE Attorney General’s office had some Todd Leatherman, Executive Direc- ed that one problem was the closing Budget Review Subcommittee on federal asset forfeiture money, but tor, Office of Consumer Protection, of auto dealerships throughout many Justice and Judiciary no state asset forfeiture funds. She answered that business-to-business of the rural communities which has a Minutes of the 2nd Meeting also stated that those federal mon- calls were not regulated. He indi- devastating impact on school fund- of the 2009 Interim ies include many restrictions on how cated that the no-call list was be- ing as well as that of other county October 22, 2009 they can be spent. Deputy General ing maintained by the Federal Trade government agencies. He asked if a The 2nd meeting of the Budget Mayton stated those revenues could Commission and there could be fed- county keeps the tax revenues from Review Subcommittee on Justice and not be counted on or budgeted, as it eral issues involved. General Con- sales of vehicles to residents even Judiciary of the Interim Joint Com- could not be determined when they way said he could not think of any though they have to purchase them mittee on Appropriations and Rev- may be received. legal impediments, but would look in another county. Ms. Bushart re- enue was held on Thursday, October Representative McKee expressed into the issue and respond back. plied that would be better answered 22, 2009, at 10:00 AM, in Room 169 his appreciation for the work per- Chairman Westwood thanked by the County Clerk, adding that us- of the Capitol Annex. Senator Robert formed by the Attorney General’s of- the Attorney General’s office for age taxes are paid in the county of Stivers II, Chair, called the meeting fice. He inquired about the tobacco their presentation and invited repre- residence where the vehicle is regis- to order, and the secretary called the Master Settlement Agreement (MSA) sentatives of the Unified Prosecuto- tered, as well as continuing annual roll. and asked who would be responsible rial System to come forward. property taxes. Present were: for moving non-compliant cigarettes Chris Cohron, Warren County Representative Pullin asked how Members: Senator Robert Stivers off of retailers’ shelves. General Con- Commonwealth’s Attorney, repre- Kentucky property taxes rate versus II, Co-Chair; Representative Jesse way replied that the issue of diligent senting the Commonwealth’s Attor- those of other states. Mr. Scriber re- Crenshaw, Co-Chair; Representatives enforcement is very important within neys, and John Estill, Mason County plied that Kentucky’s property taxes Martha Jane King, Alecia Webb-Edg- the states, and the extent to which Attorney, representing the County are significantly lower. Mr. Bushart ington, and Brent Yonts. the General Assembly is keeping up Attorneys, came forward and pro- stated that Tennessee has no prop- Guests: Laurie Dudgeon, Di- in keeping the bad products out of vided brief overviews of their agency erty tax on vehicles. rector, Administrative Office of the circulation is very helpful. Deputy budgets. Both are members of the Representative Pullin inquired Courts; Carol Henderson, Budget Di- General Mayton added that once the Prosecutors Advisory Council (PAC). about real property taxes in Ken- rector, Administrative Office of the product is contraband, it would be Representative Montell ex- tucky compared to Tennessee and Courts; and LaDonna Thompson, the responsibility of the Revenue De- pressed his appreciation for the work Ohio. Ms. Bushart replied that they Commissioner, Department of Cor- partment to seize that contraband. they perform on a shoestring bud- will research that and reply back to rections. She added that some other states get and stated that there were many the committee. Mr. Bushart com- LRC Staff: Mike Mullins and were charging fees for certifying non- tough decisions to be made. mented that some residents of bor- Ashlee McDonald participating manufacturers, which Representative Adams com- der counties register their vehicles in A quorum was not present. may be something Kentucky could mented that Representative Denham nearby states in order to avoid paying Senator Stivers introduced the consider as a source of funds. could not be in attendance and ex- the property taxes on those vehicles. first guest, Laurie Dudgeon, Director, Representative Riggs comment- pressed his appreciation for Mr. Es- Mr. Scriber added that, for example, Administrative Office of the Courts. ed that in 2000 he had passed a till’s good work. some trucking companies register in Laurie Dudgeon stated that the comprehensive bill regarding updat- Representative Siler asked if the Indiana for a tax break. Court of Justice has 3,800 employees ing the 15 or 20 year-old wording in $3,000 office allowance was taken Representative Stone comment- statewide, which is approximately the statues dealing with computer- before it was received, or if it was ed that in comparing property tax 10% of the state workforce. Total related crimes because the terminol- given up by choice to prevent the rates from county to county or state funding for the courts is about 3% of ogy was out-of-date and no longer loss of jobs. Mr. Estill replied that to state, one should look at how lo- the state budget. applied. He asked if the wording was as part of a plan to respond to the cal school districts raise money. He She indicated that her presenta- in need of another update. General budget cuts, PAC voted to take the said many of the local districts in tion would specify the budget units Conway replied that the statutory remaining budgets for that purpose. Kentucky have higher utility taxes to for the Administrative Office of the language had been updated again in Mr. Cohron stated that they could supplement or offset the relatively Courts. It will also provide an over- the most recent session of the Gen- not quantify how much money is lower property taxes. Ms. Bushart view of the fiscal situation for the eral Assembly. being spent for operating expenses said that in Kentucky over 50% of current fiscal year, 2010, and it will Representative Riggs asked if by prosecutors across the state from property tax bills go to the schools discuss the anticipated budgetary a permanent repeal of KRS 48.005 their own pockets. statewide. needs for fiscal years 2011 and 2012. would be necessary. General Con- Chairman Westwood then invit- Chairman Westwood asked if There are three major appropriation way replied in the affirmative, indi- ed representatives from the Property more funding were available would units in the Court of Justice. They cating that it would be a very posi- Valuation Administrators (PVAs) to it be possible to stop the residents are: Operations and Administration,

14 2009 Interim LEGISLATIVE RECORD Local Facilities, and Judicial Retire- dress the $44 million deficit, it would projects for the costs associated with Facilities or Operations and Admin- ment. Court Operations and Ad- take require all employees to take off them before the actual construction istration appropriation units. Ms. ministration pays for all employees’ 85 days without pay. About 39% of can be started. She also stated that Dudgeon stated that all salary costs and elected officials’ salaries and the non-elected employees would it would save $3-4 million total (not are included in the Operations unit. benefits, and operating costs associ- have to be laid off to cover the deficit per facility) because they would have Senator Stivers wanted to know ated with those employees and the through a lay off plan. There are oth- to pay off the debts associated with how many people in court opera- services they provide. The Local Fa- er ways the AOC would make budget the projects first. tions are assigned to work with the cilities Unit includes all funds for the reductions, but this illustration indi- Senator Stivers referred back to facilities. Ms. Dudgeon said that for debt service for the court houses and cates the seriousness of the impact the court facility projects. He wanted Capital Construction there were 9 the lease payments for the private that such reductions would cause. to clarify whether there would actu- people. Once the buildings are fin- sector leases. The Judicial Retirement Ms. Dudgeon indicated that the ally be any savings this biennial pe- ished, another group of about 10 as- Unit includes the funding for retired judicial branch is doing all it can to riod if these projects were stopped in sumes oversight of the buildings. judges. reduce costs. They have 800 foster their tracks. Ms. Dudgeon explained Senator Stivers wanted to know In fiscal year 2010, the Court care review volunteers statewide who that there would be very little, if any. if Ms. Dudgeon had that broken down Operations budget has an appro- have done 20,000 reviews of 10,000 She is anticipating that for those into budget units. Ms. Dudgeon stat- priation of $170.7 million. The es- children in foster care. They have also projects, at least a six month debt ed that she did have that information timated expenditures are $202.8 implemented the monitored con- service in fiscal year 2012. internally and would get that back to million, which includes a reduction ditional release program statewide Representative Crenshaw re- Senator Stivers. in positions and operating expenses that has saved $30 million to local ferred to a presentation regarding Senator Stivers inquired about at AOC. The court operations ap- county jails. Through the CDW pro- a GPS tracking device that Fayette how many trial commissioners there propriation for fiscal year 2010 has gram, judges are collaborating with County was using for corrections. were state wide and the expenditures a deficit of approximately $32 mil- school systems to conduct truancy He explained that this program could for them. Ms. Dudgeon explained lion. This deficit is present due to the diversion programs statewide. She save money by allowing the non- that the expenditures were slightly budget reduction required in the bill stressed the importance of keeping violent offenders to be released on less than $300,000.00 for the non- passed during the last special ses- these programs in place as well as the monitoring device system. This constitutional trial commissioners. sion, the requirement for 1% annual keeping current staff levels. in turn would save the local facili- She also stated that there were 77 increments for staff, and increases in Representative Yonts inquired ties money by not having to house total trial commissioners. She would the cost of health insurance and re- about a program mentioned last year those inmates. He wanted to know if get the specific details for the expen- tirement. AOC has restricted funds to collect bad debts to the judicial they had seen a presentation about ditures to Senator Stivers. of $33.1 million available to offset system. He wanted to know how it and what they thought about this Senator Stivers also explained the deficit in 2010. These restricted much success they have had with program. He also stated that the that, as he understood it, the statu- funds have accrued over the past few that program. Ms. Dudgeon stated judges have discretion as far as sen- tory requirement for a trial commis- years. that they had a vendor come in and tencing goes and wanted to know if sioner is to be in a county where The local facilities appropriation evaluate any outstanding debt in the the judges could be urged to utilize there is not a sitting resident judge. will have a balance of a little over court system. They did an intensive those monitoring systems. Ms. Dud- Ms. Dudgeon did confirm that was $15.2 million at the end of fiscal year review of 10-12 counties state wide geon said that they have a significant correct. 2010. This is due to the time frame and determined that it was not cost number of judges who are placing Representative Yonts inquired for completing some of the projects effective to attempt to collect. The defendants on ankle monitoring de- about commissioners in general, and for savings due to lower than AOC now has an accounts receivable vices pre-trial. They are all defendant not just the trial commissioners. He expected interest rates. That amount program that will go into effect No- paid. Ms. Dudgeon stated that they wanted to know how many courts should cover all new costs for Local vember 1st that will track the debt are always encouraging the pre-trial were using mediation as a mandate Facilities in fiscal year 2011. electronically. officer to allow this if the defendant in Family Courts. He also wanted The current expenditure level for Representative Yonts wanted to is low-risk or non-violent. to know how many courts used do- Court Operations is $202.8 million. know how many millions of dollars Representative Crenshaw want- mestic relations commissioners and The defined calculations according to was not collected. Ms. Dudgeon said ed to know how the judges felt about what was the cost associated with the budget instructions total $17.6 that unfortunately they do not know this program. Ms. Dudgeon answered that. Ms. Dudgeon said that there million. Consequently, Court Opera- a number because they have not had by saying that the judges who do use are approximately 22 circuits that tions will need $220.4 million. The the ability or technology to collect it are very positive with their expe- do not have family court judges. She baseline budget amount for court that data. rience. She said that the judges are said that she will forward the more operations is $170.7 million. AOC Representative Yonts stated that very receptive and willing to use specific details to the committee. would still need $49.7 million more the Chief Justice said there would be this program, granted that the de- Representative Yonts noted that than the base budget provides. no recommendations for additional fendants’ charges allow it. She also this process was adding to the cost The baseline appropriation for judicial local facilities. Rep. Yonts explained that she can get the statis- of going through the court system. facilities in fiscal year 2010 is $96.8 wanted to know if there are facilities tics to the committee on exactly how Representative Crenshaw asked Ms. million. If AOC carries the $15.2 that have been authorized but not many people have the GPS monitor- Dudgeon if she could get the commit- million into fiscal year 2011, no ad- yet under construction. He inquired ing devices. tee a paper copy of the power point ditional funds will be needed. The if it was at all possible to suspend Representative King asked about presentation that she provided. Judicial Retirement System baseline these projects for a period of time the bad debt collection. She wanted Senator Stivers thanked Ms. appropriation is $5.8 million. The to reduce the amount of additional to know how and what type of tech- Dudgeon for coming and providing new actuarial study indicates that money needed. Ms. Dudgeon stated nology they have to track this. Ms. the presentation. At this time he additional $5.7 million will be need- that five projects were authorized in Dudgeon explained that they have also introduced the second guest on ed in fiscal years 2011 and 2012 to 2008. A project in Carlisle County, had a program in development for the agenda, Ms. LaDonna Thompson, be adequately funded. which had burnt to the ground, is the past year that will begin Novem- Commissioner, Department of Cor- The restricted funds revenue is currently under construction. The ber 1st. However, they do not have rections. estimated to be $28.2 million. The ex- other projects are in Phase A, or first a method of tracking the older bad Ms. Thompson started her pre- penditures are expected to be about stage of design. debts, but when this program is im- sentation by providing pictures of the $36.9 million, putting the restricted Representative Yonts wanted to plemented; the debt information will damage that occurred at the North- funds in a deficit of $8.7 million. Ex- know how much money would be be transmitted to the Department of point Training Center due to the pris- cluding the defined calculations, the saved if they froze these projects. Ms. Revenue. on riot. She also provided pictures Judicial Branch needs $44 million to Dudgeon said that the only ones that Senator Stivers asked Ms. Dud- indicating the progress in cleaning up continue current services. Fiscal year were in the design phase are Franklin geon about the facilities budget. He the site, and making it as functional 2012 needs $106 million, excluding Co., Morgan Co., Lawrence Co., and wanted to know if they were placing as possible. Senator Stivers asked for the defined calculations. Bracken Co. They have already is- the funding for salaries of staff work- a paper copy of the PowerPoint pre- If furloughs were used to ad- sued the interim financing for those ing with local facilities in the Local sentation.

THE KENTUCKY GENERAL ASSEMBLY 15 Ms. Thompson went over the is appropriate to ask about many de- was interested in the future costs of best school systems, specifically dis- time line of the disturbance at the tails of the riot since the investiga- housing inmates versus monitoring cussing a statewide constructional facility. At 6:36 p.m., the first fire tion is still in progress. Ms. Thomp- and would like to see a report on that improvement system and what that was reported. Around 7:00 p.m., the son agreed that was a good idea. She in the future. Ms. Thompson agreed would look like for Kentucky. emergency teams were activated, and would provide the complete report that she would get as much informa- The minutes from the June 4, at 7:45 p.m. the State Police, Sher- as soon as she received it. tion to the committee as possible. 2009 meeting were approved. The iff’s Office, and the local police de- Representative Crenshaw reit- The meeting was adjourned at minutes from the September 24, partment arrived. At 8:35 p.m., the erated that at some point he would 11:17 a.m. 2009 meeting were approved. all security teams were at the facility. like the opportunity to ask questions Representative Glenn asked The inmates were compliant with the regarding the Northpoint riot report. INTERIM JOINT COMMITTEE Commissioner Holliday if money staff at 9:30 p.m. The first count was Ms. Thompson answered by saying ON APPROPRIATIONS AND would be made available at the conducted at 10:30 p.m. and about that as soon as something came in, REVENUE school level for principals therefore 1:00 a.m. the last of the fires were she would let them know so they Budget Review Subcommittee on giving principals more flexibility to extinguished. Shortly after the dis- could schedule something to review Postsecondary Education make decisions for instruction rath- turbance, 700 inmates were moved that report. Minutes of the 3rd Meeting er than decisions being made at the from Northpoint to the other prison She also spoke about Electronic of the 2009 Interim central office. Commissioner Holliday facilities. The remaining inmates at Monitoring and Home Incarceration. October 22, 2009 answered that it would be a combi- Northpoint were in the gymnasium She sent out a survey to the other The 3rd meeting of the Budget nation. He said the focus is on how and Chapel. The dorms were dam- states about their usage. She had a Review Subcommittee on Postsec- KDE can ensure that professional de- aged and could not be utilized. The response from 30 states, and 22 of ondary Education of the Interim velopment tools be made available riot resulted in the destruction of 6 them use it for monitoring sex of- Joint Committee on Appropriations for every teacher to access. Many of the Northpoint support buildings. fenders; 15 of the states use it for Pa- and Revenue was held on Thursday, districts are already spending money She also provided pictures of the role Officer Requirements; 15 states October 22, 2009, at 10:00 AM, in on formative assessments, data ware- locks on the doors. Although they use it as a requirement of the courts; Room 154 of the Capitol Annex. Rep- houses, and databases. KDE hopes to were fire resistant, they were not se- 22 states use it for work release; 12 resentative Tommy Thompson, Chair, free up state money to go the local curity doors. The inmates were able states use it for home incarceration; called the meeting to order, and the level. The Teacher Working Condi- to break the locks open and get out. and 16 states have other require- secretary called the roll. tions survey would provide guidance She gave an update on the cur- ments. Present were: to principals about what professional rent status of the physical plant. She reported that, from October Members: Representative Tommy development teachers say they need. Demolition of damaged buildings has 1st, 2008 – October 1st, 2009, Cor- Thompson, Co-Chair; Senator Vernie It could be determined how many been completed. The fire exit doors rections had over 1,000 participants McGaha, Co-Chair; Representative districts for example need more sup- have been replaced in the remain- in this program. Out of the 1,000, Arnold Simpson, Co-Chair; Kelly port with autism, more support with ing dorms, but they were not up- they had 170 inmates come off that Flood, Jim Glenn, Melvin B. Henley, reading interventions for students graded. Most operations, including program due to parole violations. Harry Moberly Jr., Jody Richards, Carl who are three or four grade levels medical and visitation, are operating Out of the 170, 92 came back due Rollins II, and Kevin Sinnette. behind, and then work can begin out of dorms that were not severely to substance-related charges. They Guests: Dr. Terry Holliday, Com- with the higher-education partners damaged. A temporary food service had a growth of 24% in the program missioner, Kentucky Department of to populate the statewide database. building is in place, so they are now for fiscal year 2009. This program has Education, and Dr. Larry Stinson, Principals and teachers need more able serve meals. saved the Department of Corrections Acting Deputy Commissioner, Ken- control over their professional devel- They have insurance coverage $1.9 million. tucky Department of Education. opment dollars. that allows for replacement costs for Representative Crenshaw in- LRC Staff: L. Bart Hardin, Tom Senator McGaha referenced the buildings, but any upgrades will quired as to whether more non- Willis, Greg Rush, Jonathan Lowe, Commissioner Holliday’s comment result in additional costs. They are violent offenders could be placed in Tracy Goff Herman, Linda Jacobs El- on students who are placed with ef- working with the insurance adjust- home incarceration using GPS moni- lis, and Amie Elam. fective teachers progressing at a rate ers and hope to have a projected cost toring and whether they have esti- Chairman Thompson began the three times higher than students by November 1st. The initial insur- mates on the amount of money that meeting by welcoming Dr. Terry Hol- that are placed with low performing ance estimate they have is for a total could be saved if judges would place liday, Commissioner, Kentucky De- teachers. Students placed with low cost of $25 million. The demolition offenders on the monitors instead of partment of Education (KDE). Chair- performing teachers for two or more costs to date are $690,000. It was sending them to a correctional insti- man Thompson noted that he looked years in a row are placed in almost ir- cost $195,000.00 for the food ser- tution. Ms. Thompson stated that forward to the discussion regarding reversible position. Senator McGaha vice station. she has not seen any analysis on the Professional Development and en- asked Commissioner Holliday to For the construction planning, number of inmates that come to the hancing the learning potential of share his philosophy on how to im- they asked for technical assistance corrections because of monitoring students throughout the Common- prove the output of a low performing from the National Institute of Cor- referral. The DOC does not pay for wealth. Chairman Thompson relayed teacher. Senator McGaha noted that rections. The Kentucky State Police is the inmates’ jail bed costs prior to that he enjoyed the correlation last in the Commonwealth if you have conducting an on-site investigation sentencing. month that Commissioner Holliday low performing teachers it is often for possible criminal charges. They Representative Crenshaw ex- made between the ability to learn hard to remove them from a class- also have a team of internal officers plained that his concern was the and the quality of the instruction. room. Commissioner Holliday stated to handle the administrative inves- influx of non-violent offenders com- During the special session there was that his philosophy is that the sys- tigations for the internal charges to ing into corrections and if there was significant discussion about the pos- tem created the poor teacher. Many be filed. They have identified numer- a way to stall that by implementing sibility of using the proceeds from times the least effective teachers are ous inmates who participated in the the monitoring system. gaming to fund new category four placed in the classrooms that need riot that are charged criminally and Ms. Thompson said that DOC and five schools and the commit- the most effective teachers. The fo- within the institution. They have a can place Class D or C felons who tee was somewhat alarmed about cus needs to be put on better place- Critical Incident Review team on site are within 180 days of completion of the number of schools ranked as ment of teachers and a better coach- and are awaiting their findings. The their time in the home incarceration category 4-5. Chairman Thompson ing and support system for teachers. CIR has interviewed inmates and program. They have to be non-vio- requested a tutorial about how the Dr. Holliday said it is his belief that staff as well. Ms. Thompson stated lent and non-sex offenders. If DOC process of identifying substandard 90-95% of teachers want to do a that as soon as they received a copy recognizes that an inmate cannot af- schools started and where the pro- great job. He stated that there does of that, they would forward it to the ford the $5.00 a day cost for moni- cess is now. not need to be an evaluative system committee. toring, the DOC will waive that fee, Commissioner Holliday gave up front but a formative system for Senator Stivers told Ms. Thomp- rather than pay for the daily jail bed a presentation on Professional De- the students just like the teachers to son that he appreciated the update usage. velopment focusing on a McKinsey be able to say where each individual on Northpoint. He does feel that it Senator Stivers stated that he Consulting Report on the world’s needs help. A formative coaching

16 2009 Interim LEGISLATIVE RECORD and support system up front will pre- that is the direction Professional De- rubber meets the road but as there smart boards, projectors, and ency- pare teachers and keep teachers. Ev- velopment is heading. Commissioner are more and more mandates placed clomedia. The teacher effectiveness ery teacher that has to be replaced is Holliday answered that the key is to on teachers, teachers are asking for instrument must address a teacher’s very costly and timely for the Com- make it as easy as Amazon.com. For support so that they can be success- utilization of technology and Ken- monwealth. If a teacher has received example teachers could do a quick ful. He believes that there also needs tucky’s teacher preparation programs all the coaching and support and it search to find what they need and to be a model for principal effective- must be addressing technology. has been well documented, which also receive email notifications with ness. Representative Moberly stated Representative Stevens stated this system will allow, and there recommendations as to what they that every successful school that that his toughest job as a principal have been no improvements made, need to do next based on things they has come in front of committees on was determining and placing stu- then it will become clear that anoth- have done in the past and what oth- which he has served has had a strat- dents with ineffective teachers. The er profession may be better for that ers like them have tried. This data- egy, good leadership, and effective most important job he had was filling individual. This type of statewide base will be a Web 2.0 instrument teachers. teacher vacancies, he said it was im- system will impact 48,000 teachers that will build and interact with the Representative Moberly stated portant to hire someone that would and could help to address the goal of end user. that we need to look at teacher edu- come in and give it their all because retaining more teachers and helping Representative Moberly ex- cation and principal education. He what happened in that classroom those teachers be more successful. pressed his appreciation of Commis- explained there are teachers coming would determine the student’s fu- Senator McGaha asked how to sioner Holliday’s quick study of the out of college programs unable to use ture. You must have teachers that handle a teacher who will not accept Kentucky educational system. He formative assessment which is basic are able to teach difficult students. coaching. Commissioner Holliday an- asked Commissioner Holliday to ex- to education reform. He stated that It takes a principal that is highly swered that one of the components plain what a master teacher is. Com- it was important to look at getting involved in a school. He stated the that he will be bringing to the table missioner Holliday answered that a more experienced and more effective most effective teachers that he came very soon will be that we must get a master teacher is a teacher that has teachers into low performing schools in contact with were the ones that better teacher evaluation instrument been able to produce excellent out- to try and turn them around and that got to know students as individu- across the Commonwealth. He stat- comes of student learning and close he would like to know what can be als and figured out what made them ed that there are too many variations achievement gaps. Representative done to make that happen. tick. He explained how important it in the process now and that KDE has Moberly asked if Commissioner Hol- Representative Richards stated was that students understand that been working with the Educational liday based his definition of master that the biggest mistake in the Ken- their teachers care about them. Professional Standards Board to look teacher on student results. Com- tucky Education Reform Act (KERA) Representative Henley stated at a growth instrument rather than missioner Holliday said yes and that was not including enough Profes- that the technological information what is being used now. A growth there will not be excellent student sional Development. He stated that system evolvement must be taken instrument needs to be put in place results without an understanding of the principal is very important to the into account. Teachers that have that would allow determination of diversity and methodology and the success of a school. Commissioner graduated 10 years ago or even less effectiveness levels and also allow teacher effectiveness instrument will Holliday commented that leadership will need to maintain on a yearly ba- determination of the most effective focus to a great degree on learning and the longevity of a principal have sis a technological innovation learn- teachers then they could help to results and outcomes. Representa- a direct impact on student learning. ing experience to be able to keep up populate the database with master tive Moberly asked if Commissioner He stated that there would also be with their students. lessons, lesson plans, and instruc- Holliday planned on looking at differ- a comprehensive database for prin- Representative Graham stated tional resources. He stated that the ential pay and incentive awards for cipals. Successful principals who that there was a bill in the past that database would not work without master teachers. Commissioner Hol- have led turnaround efforts would be addressed administrators using sub- addressing teacher, principal, and su- liday answered that there will be a made accessible to first and second jectivity in evaluations. The teachers perintendent evaluation. component relating to teacher incen- year principals. He explained that the were not being evaluated on perfor- Representative Flood stated that tives in the Race to the Top applica- model and software exists already mance in the classroom but rather on she was encouraged by Commission- tion. Teachers would be rewarded for and there are national partners eager personal issues. He said there should er Holliday’s approach in affirming taking on challenging assignments to work with KDE to develop a very be guidelines put in place regarding that more than 90% of teachers are and producing outstanding results, comprehensive database that would how teachers are evaluated. Com- interested in being highly effective usually that means that they are lay out the standards and steps to missioner Holliday stated that he in the classroom. There is a need to providing coaching and support for take in times of challenge. KDE is was in agreement with Representa- look out for those teachers that may other teachers. It would not only be wants to create regional centers to tive Graham. Commissioner Holliday have lost the calling to the teaching pay for performance it would also be help coach principals. explained that the model will link to field. She asked Commissioner Hol- for additional duties and leadership Representative Richards stated a growth instrument and then to a liday to define formative assessment. roles. that there was not enough work teacher effectiveness instrument Commissioner Holliday stated that Representative Moberly asked if done with the teacher preparation which eventually is the evaluation a summative assessment is like an Commissioner Holliday believed that institutions during the development and would provide any opportuni- autopsy where it is too late to turn there should be a teacher advance- of KERA. Articulating the changes to ties for development of evidences the situation around. A formative as- ment program that gives opportu- the teacher preparation institutions that would be electronically fed into sessment is like a physical where the nities for teachers to be rewarded. is really important. He stated that the evaluation thus removing some doctor acknowledges there are prob- Commissioner Holliday answered what he found was that although subjectivity. The key to this he said lems that need to be addressed. yes. Representative Moberly asked if there were terrific changes in KERA would be training on what good in- Representative Flood stated that one of those opportunities could be that it was several years before the struction looks like. Principals do not she met with Kentucky Educational just producing good results. Com- institutions got up to speed on teach- always know what effective instruc- Television (KET) and could not be- missioner Holliday stated that in his ing what the changes were. He stated tion looks like. They must be trained lieve the extent to which they are opinion he would like a model like that he believed that technology was and prove that they know what to true partners of the goals of advanc- that but he added there are other the way that students learned now look for so that they can effectively ing education in the state especially stakeholders that would need to and that the teaching model was go- evaluate. Representative Graham the issues of equity and access to be consulted before a decision like ing to have to align with this change stated that a teacher should be able the services they are providing. She that could be made. Representative to be most effective. Commissioner to debate theory and philosophy stated that she wished for all of her Moberly asked if Commissioner Hol- Holliday stated that is what KDE was without it becoming a personal is- colleagues to understand the extent liday had looked at the Kentucky hoping to do. He stated that involv- sue. to which KET is onboard for this Teacher Internship Program (KTIP). ing higher education was essential. Deputy Commissioner Stinson partnership especially as it relates to Commissioner Holliday stated that Teachers must be provided with tools gave a presentation regarding school Professional Development. Represen- he was only a little familiar with the that are user friendly so they can use facilities. tative Flood asked about how KDE program. Representative Moberly this technology effectively. He stated Representative Graham asked was addressing teachers who have a stated that teachers tell him that students have been engaged in class- what would cause a school not to phobia about using technology given they understand they are where the rooms he has been to that have used progress. Deputy Commissioner Stin-

THE KENTUCKY GENERAL ASSEMBLY 17 son answered that it has to do with that nickels have saved some of the Secondary Education of the Interim for every teacher to access. Many the availability of resources and that districts and helped them move for- Joint Committee on Appropriations districts are already spending money the answer would vary depending on ward. He asked if there was an aver- and Revenue was held on Thursday, on formative assessments, data ware- the district. age age that a school building lasts October 22, 2009, at 10:00 AM, in houses, and databases. KDE hopes to Representative Moberly stated if maintained properly. Deputy Com- Room 154 of the Capitol Annex. Rep- free up state money to go the local that there is no doubt the School missioner Stinson answered that a resentative Tommy Thompson, Chair, level. The Teacher Working Condi- Facilities Construction Commission building that is properly maintained called the meeting to order, and the tions survey would provide guidance (SFCC) has done great work. With should last around 50 years before secretary called the roll. to principals about what professional the construction of the SFCC we it needs significant changes. Rep- Present were: development teachers say they need. have built billions of dollars worth resentative Richards stated that he Members: Senator Vernie Mc- It could be determined how many of schools in the Commonwealth. He agrees with Representative Moberly Gaha, Co-Chair; Representative Tom- districts for example need more sup- stated that there are always equity in that there is a need for mainte- my Thompson, Co-Chair; Represen- port with autism, more support with questions that remain and in looking nance requirements. He asked if it tatives Rick G. Nelson, Carl Rollins II, reading interventions for students at the facility task force recommen- would be a requirement in the future and Kent Stevens. who are three or four grade levels dations there are two particularly for buildings to be more environmen- Guests: Dr. Terry Holliday, Com- behind, and then work can begin striking points to him. First of all, if tally friendly. Deputy Commissioner missioner, Kentucky Department of with the higher-education partners the ten cent Facility Support Program Stinson answered that it is not yet Education, and Dr. Larry Stinson, to populate the statewide database. of Kentucky (FSPK) requirement was a firm requirement but it is strongly Acting Deputy Commissioner, Ken- Principals and teachers need more in place a lot of the districts with encouraged. He added that the deci- tucky Department of Education. control over their professional devel- category four and five schools could sions on energy efficiency and such LRC Staff: L. Bart Hardin, Tom opment dollars. solve their problems. Secondly, there are made at the local level. Most Willis, Greg Rush, Jonathan Lowe, Senator McGaha referenced are no maintenance requirements so items to promote energy efficiency Tracy Goff Herman, Linda Jacobs El- Commissioner Holliday’s comment that schools can fall into four and are cost neutral to implement. lis, and Amie Elam. on students who are placed with ef- five because some districts do not Representative Richards stated fective teachers progressing at a rate properly maintain their schools and that he understood that most energy Chairman Thompson began the three times higher than students others do. In the late 90s, the leg- efficient building materials really are meeting by welcoming Dr. Terry Hol- that are placed with low performing islature started a program of funding not that much more expensive. liday, Commissioner, Kentucky De- teachers. Students placed with low outside the formula of the SFCC cat- Representative Stevens asked if partment of Education (KDE). Chair- performing teachers for two or more egory fives. What that did was skew there would be federal funds available man Thompson noted that he looked years in a row are placed in almost ir- the regular SFCC funding and this for construction renovation. Deputy forward to the discussion regarding reversible position. Senator McGaha was not fair to the districts that were Commissioner Stinson answered Professional Development and en- asked Commissioner Holliday to following the priorities and set up a that most money that became avail- hancing the learning potential of share his philosophy on how to im- precedent for schools that have fours able via the American Recovery and students throughout the Common- prove the output of a low performing and fives would stop listing them Reinvestment Act focused on relief wealth. Chairman Thompson relayed teacher. Senator McGaha noted that in the regular formula as a priority on interest rates. There is not very that he enjoyed the correlation last in the Commonwealth if you have thinking that the legislature would do much money at all available for con- month that Commissioner Holliday low performing teachers it is often those. There were also various nickel struction. made between the ability to learn hard to remove them from a class- categories and there were arguments Representative Moberly asked and the quality of the instruction. room. Commissioner Holliday stated about what should be equalized and what restrictions are in place to During the special session there was that his philosophy is that the sys- what should not. A reason a lot of keep a school district from building significant discussion about the pos- tem created the poor teacher. Many the districts are indicated in green a school that is bigger and more ex- sibility of using the proceeds from times the least effective teachers are on the chart is because they levied pensive than functionality required gaming to fund new category four placed in the classrooms that need all the nickels they could. In Madi- it to be. Deputy Commissioner Stin- and five schools and the commit- the most effective teachers. The fo- son County there is only one school son answered that there is a model tee was somewhat alarmed about cus needs to be put on better place- that is in really bad shape and that is program that describes the kinds of the number of schools ranked as ment of teachers and a better coach- because the local school board levied spaces and amount of square foot- category 4-5. Chairman Thompson ing and support system for teachers. every nickel they could including the age. If a district wants to build a fa- requested a tutorial about how the Dr. Holliday said it is his belief that recallable nickel. cility that exceeds this. Districts will process of identifying substandard 90-95% of teachers want to do a Representative Moberly stated be required to provide strong justi- schools started and where the pro- great job. He stated that there does that he believes there should be a fication and this may or may not be cess is now. not need to be an evaluative system requirement to levy at least 10%. approved. If the extra space and costs Commissioner Holliday gave up front but a formative system for Maintenance program requirements are not approved a district will have a presentation on Professional De- the students just like the teachers to need to be put in place so that the to fund it out of their own resourc- velopment focusing on a McKinsey be able to say where each individual districts that maintain facilities as es. Districts may not use restricted Consulting Report on the world’s needs help. A formative coaching they should do not get penalized be- funds for matters that go beyond the best school systems, specifically dis- and support system up front will pre- cause of those who do not. He stated prescribed formula. cussing a statewide constructional pare teachers and keep teachers. Ev- that Kentucky has one of the best Chairman Thompson announced improvement system and what that ery teacher that has to be replaced is building programs in the nation but that the next meeting will be held would look like for Kentucky. very costly and timely for the Com- it needs to be more equitable in the Monday, November 16th and it will The minutes from the June 4, monwealth. If a teacher has received way that districts are treated. be a joint meeting. There being no 2009 meeting were approved. The all the coaching and support and it Representative Simpson stated further discussion, the meeting was minutes from the September 24, has been well documented, which that a lot of districts have levied ad- adjourned at approximately 12:00 2009 meeting were approved. this system will allow, and there ditional taxes. He asked for a map P.M. Representative Glenn asked have been no improvements made, that would show how much each Commissioner Holliday if money then it will become clear that anoth- district had levied. Deputy Commis- INTERIM JOINT COMMITTEE would be made available at the er profession may be better for that sioner Stinson said that a map is not ON APPROPRIATIONS AND school level for principals therefore individual. This type of statewide currently available but they will pro- REVENUE giving principals more flexibility to system will impact 48,000 teachers vide a spreadsheet with this informa- Budget Review Subcommittee on make decisions for instruction rath- and could help to address the goal of tion. Representative Simpson asked Primary and Secondary Education er than decisions being made at the retaining more teachers and helping how many nickels Covington has lev- Minutes of the 3rd Meeting central office. Commissioner Holliday those teachers be more successful. ied. Commissioner Stinson answered of the 2009 Interim answered that it would be a combi- Senator McGaha asked how to that Covington had only levied the October 22, 2009 nation. He said the focus is on how handle a teacher who will not accept original nickel. The 3rd meeting of the Budget KDE can ensure that professional de- coaching. Commissioner Holliday an- Representative Richards stated Review Subcommittee on Primary and velopment tools be made available swered that one of the components

18 2009 Interim LEGISLATIVE RECORD that he will be bringing to the table missioner Holliday answered that a more experienced and more effective most effective teachers that he came very soon will be that we must get a master teacher is a teacher that has teachers into low performing schools in contact with were the ones that better teacher evaluation instrument been able to produce excellent out- to try and turn them around and that got to know students as individu- across the Commonwealth. He stat- comes of student learning and close he would like to know what can be als and figured out what made them ed that there are too many variations achievement gaps. Representative done to make that happen. tick. He explained how important it in the process now and that KDE has Moberly asked if Commissioner Hol- Representative Richards stated was that students understand that been working with the Educational liday based his definition of master that the biggest mistake in the Ken- their teachers care about them. Professional Standards Board to look teacher on student results. Com- tucky Education Reform Act (KERA) Representative Henley stated at a growth instrument rather than missioner Holliday said yes and that was not including enough Profes- that the technological information what is being used now. A growth there will not be excellent student sional Development. He stated that system evolvement must be taken instrument needs to be put in place results without an understanding of the principal is very important to the into account. Teachers that have that would allow determination of diversity and methodology and the success of a school. Commissioner graduated 10 years ago or even less effectiveness levels and also allow teacher effectiveness instrument will Holliday commented that leadership will need to maintain on a yearly ba- determination of the most effective focus to a great degree on learning and the longevity of a principal have sis a technological innovation learn- teachers then they could help to results and outcomes. Representa- a direct impact on student learning. ing experience to be able to keep up populate the database with master tive Moberly asked if Commissioner He stated that there would also be with their students. lessons, lesson plans, and instruc- Holliday planned on looking at differ- a comprehensive database for prin- Representative Graham stated tional resources. He stated that the ential pay and incentive awards for cipals. Successful principals who that there was a bill in the past that database would not work without master teachers. Commissioner Hol- have led turnaround efforts would be addressed administrators using sub- addressing teacher, principal, and su- liday answered that there will be a made accessible to first and second jectivity in evaluations. The teachers perintendent evaluation. component relating to teacher incen- year principals. He explained that the were not being evaluated on perfor- Representative Flood stated that tives in the Race to the Top applica- model and software exists already mance in the classroom but rather on she was encouraged by Commission- tion. Teachers would be rewarded for and there are national partners eager personal issues. He said there should er Holliday’s approach in affirming taking on challenging assignments to work with KDE to develop a very be guidelines put in place regarding that more than 90% of teachers are and producing outstanding results, comprehensive database that would how teachers are evaluated. Com- interested in being highly effective usually that means that they are lay out the standards and steps to missioner Holliday stated that he in the classroom. There is a need to providing coaching and support for take in times of challenge. KDE is was in agreement with Representa- look out for those teachers that may other teachers. It would not only be wants to create regional centers to tive Graham. Commissioner Holliday have lost the calling to the teaching pay for performance it would also be help coach principals. explained that the model will link to field. She asked Commissioner Hol- for additional duties and leadership Representative Richards stated a growth instrument and then to a liday to define formative assessment. roles. that there was not enough work teacher effectiveness instrument Commissioner Holliday stated that Representative Moberly asked if done with the teacher preparation which eventually is the evaluation a summative assessment is like an Commissioner Holliday believed that institutions during the development and would provide any opportuni- autopsy where it is too late to turn there should be a teacher advance- of KERA. Articulating the changes to ties for development of evidences the situation around. A formative as- ment program that gives opportu- the teacher preparation institutions that would be electronically fed into sessment is like a physical where the nities for teachers to be rewarded. is really important. He stated that the evaluation thus removing some doctor acknowledges there are prob- Commissioner Holliday answered what he found was that although subjectivity. The key to this he said lems that need to be addressed. yes. Representative Moberly asked if there were terrific changes in KERA would be training on what good in- Representative Flood stated that one of those opportunities could be that it was several years before the struction looks like. Principals do not she met with Kentucky Educational just producing good results. Com- institutions got up to speed on teach- always know what effective instruc- Television (KET) and could not be- missioner Holliday stated that in his ing what the changes were. He stated tion looks like. They must be trained lieve the extent to which they are opinion he would like a model like that he believed that technology was and prove that they know what to true partners of the goals of advanc- that but he added there are other the way that students learned now look for so that they can effectively ing education in the state especially stakeholders that would need to and that the teaching model was go- evaluate. Representative Graham the issues of equity and access to be consulted before a decision like ing to have to align with this change stated that a teacher should be able the services they are providing. She that could be made. Representative to be most effective. Commissioner to debate theory and philosophy stated that she wished for all of her Moberly asked if Commissioner Hol- Holliday stated that is what KDE was without it becoming a personal is- colleagues to understand the extent liday had looked at the Kentucky hoping to do. He stated that involv- sue. to which KET is onboard for this Teacher Internship Program (KTIP). ing higher education was essential. Deputy Commissioner Stinson partnership especially as it relates to Commissioner Holliday stated that Teachers must be provided with tools gave a presentation regarding school Professional Development. Represen- he was only a little familiar with the that are user friendly so they can use facilities. tative Flood asked about how KDE program. Representative Moberly this technology effectively. He stated Representative Graham asked was addressing teachers who have a stated that teachers tell him that students have been engaged in class- what would cause a school not to phobia about using technology given they understand they are where the rooms he has been to that have used progress. Deputy Commissioner Stin- that is the direction Professional De- rubber meets the road but as there smart boards, projectors, and ency- son answered that it has to do with velopment is heading. Commissioner are more and more mandates placed clomedia. The teacher effectiveness the availability of resources and that Holliday answered that the key is to on teachers, teachers are asking for instrument must address a teacher’s the answer would vary depending on make it as easy as Amazon.com. For support so that they can be success- utilization of technology and Ken- the district. example teachers could do a quick ful. He believes that there also needs tucky’s teacher preparation programs Representative Moberly stated search to find what they need and to be a model for principal effective- must be addressing technology. that there is no doubt the School also receive email notifications with ness. Representative Moberly stated Representative Stevens stated Facilities Construction Commission recommendations as to what they that every successful school that that his toughest job as a principal (SFCC) has done great work. With need to do next based on things they has come in front of committees on was determining and placing stu- the construction of the SFCC we have done in the past and what oth- which he has served has had a strat- dents with ineffective teachers. The have built billions of dollars worth ers like them have tried. This data- egy, good leadership, and effective most important job he had was filling of schools in the Commonwealth. He base will be a Web 2.0 instrument teachers. teacher vacancies, he said it was im- stated that there are always equity that will build and interact with the Representative Moberly stated portant to hire someone that would questions that remain and in looking end user. that we need to look at teacher edu- come in and give it their all because at the facility task force recommen- Representative Moberly ex- cation and principal education. He what happened in that classroom dations there are two particularly pressed his appreciation of Commis- explained there are teachers coming would determine the student’s fu- striking points to him. First of all, if sioner Holliday’s quick study of the out of college programs unable to use ture. You must have teachers that the ten cent Facility Support Program Kentucky educational system. He formative assessment which is basic are able to teach difficult students. of Kentucky (FSPK) requirement was asked Commissioner Holliday to ex- to education reform. He stated that It takes a principal that is highly in place a lot of the districts with plain what a master teacher is. Com- it was important to look at getting involved in a school. He stated the category four and five schools could

THE KENTUCKY GENERAL ASSEMBLY 19 solve their problems. Secondly, there are made at the local level. Most rector, Public Transportation; Steve the Bridge Replacement Program, are no maintenance requirements so items to promote energy efficiency Waddle, Executive Director of Project explaining how bridges qualify for that schools can fall into four and are cost neutral to implement. Development and Acting State High- funding, the significance of funding five because some districts do not Representative Richards stated way Engineer; Chuck Knowles, Dep- codes and designations, along with properly maintain their schools and that he understood that most energy uty State Highway Engineer, Dept. a summary of the rating system and others do. In the late 90s, the leg- efficient building materials really are of Highways; and Tammy Branham, inspection program. islature started a program of funding not that much more expensive. Executive Director, Office of Budget Chair Overly inquired about the outside the formula of the SFCC cat- Representative Stevens asked if and Fiscal Management, Transporta- purpose of the “BRX” code if the egory fives. What that did was skew there would be federal funds available tion Cabinet. bridges come under the “BRO” or the regular SFCC funding and this for construction renovation. Deputy LRC Staff: Stewart Willis, “BRZ” designation. Mr. Waddle stat- was not fair to the districts that were Commissioner Stinson answered Stephanie Craycraft, and Marlene ed that when the cabinet receives following the priorities and set up a that most money that became avail- Rutherford. funds from the Federal Highway Ad- precedent for schools that have fours able via the American Recovery and Ms. Bourne provided a brief up- ministration (FHWA) they are appor- and fives would stop listing them Reinvestment Act focused on relief date of federal funds received through tioned by the codes, with a certain in the regular formula as a priority on interest rates. There is not very the American Recovery and Reinvest- percentage of the funds available for thinking that the legislature would do much money at all available for con- ment Act of 2009 (ARRA) for public the different code categories. those. There were also various nickel struction. transportation. Representative Gooch inquired categories and there were arguments Representative Moberly asked Chair Overly asked whether the about the difference in functionally about what should be equalized and what restrictions are in place to ARRA funds for other capital tran- obsolete and structurally deficient what should not. A reason a lot of keep a school district from building sit agencies would be spent by the bridges. Mr. Knowles introduced Da- the districts are indicated in green a school that is bigger and more ex- December 30, 2009 deadline. Ms. vid Steele, the cabinet’s Chief Bridge on the chart is because they levied pensive than functionality required Bourne indicated she thought the Management Engineer, who was in all the nickels they could. In Madi- it to be. Deputy Commissioner Stin- deadlines would be met because of the audience. He then said that fed- son County there is only one school son answered that there is a model the requirements of the Federal Tran- eral regulations require that inspec- that is in really bad shape and that is program that describes the kinds of sit Administration (FTA). tions be conducted on all publicly- because the local school board levied spaces and amount of square foot- Ms. Bourne continued her pre- owned bridges in the state, which every nickel they could including the age. If a district wants to build a fa- sentation with information regarding currently includes approximately recallable nickel. cility that exceeds this. Districts will the General Fund budget reduction 13,500 bridges. Inspectors have a Representative Moberly stated be required to provide strong justi- and its effects on public transporta- mandated list of factors which they that he believes there should be a fication and this may or may not be tion. review and rate, and based on the requirement to levy at least 10%. approved. If the extra space and costs Representative Hall asked what information from the field inspection Maintenance program requirements are not approved a district will have the projected FY 2011 imbalance there are formulas and other means need to be put in place so that the to fund it out of their own resourc- would be. Tammy Branham replied of arriving at sufficiency ratings. He districts that maintain facilities as es. Districts may not use restricted that because the cabinet did not agreed that a structurally deficient they should do not get penalized be- funds for matters that go beyond the have a FY 2011 budget, it would be bridge is a more critical need than a cause of those who do not. He stated prescribed formula. extremely difficult to estimate. She functionally obsolete bridge. Bridges that Kentucky has one of the best Chairman Thompson announced said the cabinet was currently in the placed in the Six-Year Plan are mostly building programs in the nation but that the next meeting will be held process of organizing agency bud- in the structurally deficient category. it needs to be more equitable in the Monday, November 16th and it will get requests. A baseline budget had Representative Collins asked if way that districts are treated. be a joint meeting. There being no not been developed to submit to the some correction could be made by Representative Simpson stated further discussion, the meeting was Governor and any projection at this lowering the weight limit on struc- that a lot of districts have levied ad- adjourned at approximately 12:00 point would be premature turally deficient bridges. Mr. Waddle ditional taxes. He asked for a map P.M. Representative Ballard asked stated that the allowable weight that would show how much each whether the transit capital projects limit could be lowered but the bridge district had levied. Deputy Commis- INTERIM JOINT COMMITTEE listed in the information provided are would still be considered structur- sioner Stinson said that a map is not ON APPROPRIATIONS AND the only projects eligible in the state. ally deficient. If the weight limit was currently available but they will pro- REVENUE Ms. Bourne answered those were for- posted and adhered to, the bridge vide a spreadsheet with this informa- Budget Review Subcommittee on mula grant programs which were ap- would then be considered safe. tion. Representative Simpson asked Transportation proved by the FTA. Representative Nesler stated how many nickels Covington has lev- Minutes of the 3rd Meeting Representative Collins asked if it was his understanding that Ken- ied. Commissioner Stinson answered of the 2009 Interim the loss of funds is because there is tucky has ranked high in structur- that Covington had only levied the October 22, 2009 a shortage of grants or a failure to ally deficient bridges in the past as original nickel. The third meeting of the Budget obtain matching funds in order to compared to other states and asked if Representative Richards stated Review Subcommittee on Transpor- apply for the grant. Ms. Bourne indi- this was still the case. Mr. Knowles that nickels have saved some of the tation of the Interim Joint Commit- cated that the cabinet had access to indicated that a recent publication districts and helped them move for- tee on Appropriations and Revenue the federal funds but lost purchasing stated that Kentucky has a low num- ward. He asked if there was an aver- was held on Thursday, October 22, power and a loss of vehicles because ber compared to other states. He age age that a school building lasts 2009, at 10:30 AM, in Room 131 of there was a reduction in the match. pointed out that Kentucky has more if maintained properly. Deputy Com- the Capitol Annex. Representative Representative Collins asked whose bridges on the state and local level, missioner Stinson answered that a Sannie Overly, Chair, called the meet- responsibility it was for not having and they are continually aging. He building that is properly maintained ing to order, and the secretary called the matching funds. Ms. Bourne in- also said the cabinet’s buying power should last around 50 years before the roll. dicated that the state match would with the Bridge Replacement Pro- it needs significant changes. Rep- Present were: be the responsibility of the state. gram had eroded considerably over resentative Richards stated that he Members: Senator Bob Leeper, Chair Overly asked if there were the last several years because of the agrees with Representative Moberly Co-Chair; Representative Sannie restrictions on the federal stimulus significant increases in the construc- in that there is a need for mainte- Overly, Co-Chair; Senator R. J. Palm- funds that precluded the cabinet tion price index of materials. The nance requirements. He asked if it er II; Representatives Eddie Ballard, from using any of those funds to program has remained relatively con- would be a requirement in the future Hubert Collins, James R. Comer, Jr., compensate for budget reductions. sistent with the amount of money for buildings to be more environmen- Tim Couch, Danny Ford, Jim Gooch, Ms. Bourne replied that the stimulus received each year. tally friendly. Deputy Commissioner Jr., Keith Hall, Richard Henderson, funds had filled in some areas such Representative Nesler indicated Stinson answered that it is not yet Fred Nesler, Don Pasley, Ancel Smith, as older vehicle replacement, but the that comments had been made that a firm requirement but it is strongly and Ron Weston. needs were much greater. a county could build bridges for less encouraged. He added that the deci- Guests: Representative Leslie Steve Waddle and Chuck money than the state and asked why sions on energy efficiency and such Combs; Vickie Bourne, Executive Di- Knowles gave a brief overview of that would be possible. Mr. Knowles

20 2009 Interim LEGISLATIVE RECORD explained that receipt of federal Representative Collins asked if is some alternative funding available 2009. funds requires that federal guidelines the state inspects bridges in all coun- which may offset some of the mon- Representative Henderson com- be met, which can drive up costs. ties, and who is responsible for sig- ey such as TIGER grant application mented that if the federal funds for He said the cabinet would advocate nage once the counties are notified funds and GARVEE bonds. APD projects were not used for roads another pool of funds that would of inspection results. Mr. Knowles Representative Collins asked in Kentucky, the funds would go to allow them to work with local gov- replied that the state has the respon- how many of the bridges would the state of West Virginia to build ernments to replace bridges without sibility for inspecting all state and qualify under the agreement with better roads for eastern Kentucky those added expenses due to the fact local bridges. Mr. Steele stated that the Louisville-Southern Indiana Ohio residents to travel to that state, that they do not have to meet the counties are typically responsible for River Bridges project. Mr. Waddle which would result in Kentuckians federal requirements. purchasing signs. indicated that the threshold would spending money in other states. Representative Nesler asked for Representative Collins asked be a $500 million project, and those Chair Overly asked how long an explanation of how the bridge in- how much federal money was lost projects are for lesser amounts. the APD projects in Pike and Letch- spection process works. Mr. Knowles for the Bridge Replacement Program Chair Overly added none of those er counties had been ongoing. Mr. said the cabinet is required by federal as a result of not having the twenty four projects would be eligible under Waddle indicated he had been with regulations to inspect every publicly- percent match. Mr. Waddle stated that agreement. the cabinet twenty-one years and owned bridge in the state once every that the state did not lose the federal Tammy Branham gave a brief those projects had been going on for two years. Regular inspections are dollars, but the funds did not go as overview of the Road Fund Cash Flow longer than that. Chair Overly ex- set up on a two-year schedule unless far, due to the usage of toll credits. Model and some of the larger events pressed her concern that Kentucky there is a critical need which would Representative Collins asked what that have come into play which have has $423 million in federal funds require an annual inspection. the approximate cost of a weight affected the current model. that could be accessed if the match Senator Leeper asked how many limit sign would be. Mr. Steele indi- Senator Leeper asked for an ex- could be made. counties fail to comply with the re- cated that it would be approximately planation of debt restructuring. Ms. Representative Hall noted that quirements of posted weight limits $40. Branham replied that debt restruc- before President Kennedy was as- on bridges. Mr. Knowles indicated Senator Leeper inquired if there turing delays the selling of revenue sassinated he signed the US 119 that there were approximately twen- was a reason why a county would bonds and extending the debt service Appalachian Corridor Highway Bill ty counties out which are of compli- be reluctant to lower a weight limit payments out beyond 2010. in October of 1963. He said there ance due to not accurately posting posting. Mr. Steele replied in the af- Chair Overly asked if there were are many more Kentucky counties in their bridges or not meeting all the firmative. Senator Leeper asked if an aviation projects that were not ad- Appalachia, and Pike and Letcher are requirements, and a list of those will overpass would qualify for federal vancing because the cabinet was not the only counties that currently are be provided to staff. Senator Leeper funding as a bridge. Mr. Steele replied issuing the additional $51 million in building roads. He added that, at the also asked how often the cabinet no- that it would, adding that a bridge is bond funds that are available, or if Interim Joint Committee meeting in tified the counties that they are out defined as a structure being greater there was a backlog of projects need- Pikeville, there was discussion about of compliance. Mr. Knowles stated than twenty feet in length. ing attention. Ms. Branham stated incorporating the Mountain Parkway that counties are notified of non- Representative Nesler indicat- that there were projects not moving into the system and have that mile- compliance at least once per year, ed that he was appalled that nearly for failure to sell those bonds, but age added. He asked how many of with regular follow-ups. twenty percent of the counties in the could not answer whether a project Kentucky’s Appalachian counties are Representative Henderson asked state do not comply with the posting was not moving because of those recognized under this APD highway if traffic patterns such as school bus of the weight limit requirements and bonds not being sold. She indicated system. Mr. Waddle indicated that travel and the size of trucks is fac- recommended that the cabinet take she would be glad to take the request the cabinet would be glad to pro- tored in to bridge ratings. Mr. Steele more responsibility to be more strin- back to the Commissioner of the De- vide that information at a later date. replied that if a bridge is on a school gent regarding noncompliance. He partment of Aviation and reply back Representative Hall was of the opin- bus route and has a posted weight suggested that the cabinet may want to the committee. Chair Overly re- ion that with the assistance of the limit it receives a higher priority for to withhold funding for bridges and quested that the information be pro- congressional delegation for eastern being replaced. Daily travel also fac- advise the fiscal courts and those re- vided at a later date. Kentucky that the Mountain Parkway tors into the rating. Representative sponsible for placement of the signs Representative Collins asked could be incorporated into the APD Henderson asked if bridge rails are that, not only will bridge monies be if there had been any discussion of from Powell County to the Magof- factored in to the rating. Mr. Steele withheld, but there will be no ad- the possibility of losing $1 million fin County line. Ms. Branham stated replied that rails are not factored in vancement of road projects in that from the Delta Airlines group at the that the average project takes about to the load rating except for dead county until they are compliant with Northern Kentucky Airport. Ms. Bra- two and one-half years to spend out. load. He added that safety is part of bridge requirements. nham was unable to comment but The current Six-Year Plan expires in the deficiency rating. Chair Overly requested clarifi- would be glad to have the experts 2014. Even if a project was begun Representative Ford asked if there cation on the grading system. Mr. at the Department of Aviation look on June 1, 2014 that was included were stimulus dollars directed toward Steele replied the efficiency rating into the issue and report back to the in the $528 million, it could easily bridge replacement. Mr. Waddle re- goes from 0-100, with the higher the committee. Representative Collins go into 2017 for the expenditures plied that he did not think any were number being the better. The grad- also indicated there were problems on that project. Representative Hall used for that purpose; however, he ing system for the deck, superstruc- with the Environmental Protection commented that Kentucky needed to would be glad to check and provide ture, and substructure is from 0-9, Agency which would not allow for an be creative in finding the matching that information at a later date. with 9 being excellent condition, and extension of the runway at Big Sandy funds, also that inquiries should be Representative Couch stated 0 as failure. Airport. made to the other thirteen states as that in 2004 there were about 17 Chair Overly stated that cur- At this time, Chair Overly asked to what they had done. Ms. Bran- county bridges in his district which rently there are 400 bridges out of for a motion to approve the minutes ham indicated that was a possibility, were designated by the cabinet as the 13,500 in Kentucky that are rat- of the September 24, 2009 meeting. and stated that she did know how deficient. He said those are still ed at 50 or below for structural defi- Senator Leeper made the motion, many states may have roads that are listed, and asked if it was because of ciency. She asked for an explanation Representative Ford seconded, and not open to traffic on the APD. posted weight limitations or lack of of how to address the needs of those the minutes were approved without Representative Combs thanked funds. Mr. Waddle replied that he 400 bridges. Mr. Waddle stated that objection. the committee for inviting her to the would get a list of those bridges and there are currently four major bridge Ms. Branham then provided in- meeting and stated that it has been provide the information to him at a replacement projects. If the cabinet formation on the Appalachian De- emphasized several times today, as later date. approached those projects tradition- velopment Highway System (APD). well as at the Interim Joint Commit- Representative Couch asked for ally with replacement funds of $70 to She indicated that her presentation tee meeting in Pikeville in October, a record of the amount of money $75 million received each year, 100% would be an abbreviated version of that the state would not have to spent on the bridges and their lo- of the bridge replacement funds for that which was presented to the come up with the full match at one cations. The cabinet indicated that five or six years could be used to re- Interim Joint Committee on Trans- time and that there are creative ways they would provide this information. place just those four bridges. There portation in Pikeville on October 6, to come up with the match. She also

THE KENTUCKY GENERAL ASSEMBLY 21 indicated that it was difficult to be College, welcomed the committee to She stated that creating a new regu- monitors installment credit statistics creative and cost effective in provid- Danville and the Centre campus and lator with new authority does not fix and if repossessions have increased. ing citizens proper roadways because thanked the committee for having a the problems in the current system Debra Stamper stated that the of efforts of the EPA to stall the prog- meeting at the Norton Center for the and does not address the problems KBA does not specifically monitor ress. Arts. that placed us in the position we are installment credit figures, but will try Representative Collins advised Jamey Gay, Danville City Com- in today. The CFPA would have free to get those for the committee. She that District 10 will be meeting this missioner, Anne Sleet, Mayor of reign to pass new laws and regula- stated that she believes that there month to finish up the alignment of Perryville, Harold McKinney, Boyle tions. Despite assurances that the has not been a significant change. the section of roadway from Route County Judge Executive, Jodi Lassit- CFPA would work in tandem with She stated that based on phone 205 to the bridge over Licking River, er, President, Boyle County Economic prudential regulators, it is simply not calls the KBA has received it seems and they were hoping to have the Development Partnership and Julie clear. She stated that there is also a as though banks and customers are environmental impact statement fin- Wagner, Executive Director, Heart of provision in H.R. 3126 that eliminates working together to arrange install- ished by next summer, allowing the Danville Main Street Program, wel- preemption as it is recognized today. ment loan payment plans to avoid eligibility for funding. If this could be comed the committee to Danville She stated that H.R. 3126 takes the repossessions. done, citizens would not be opposed and Boyle County. banking industry backwards and Charles Vice, Commissioner, to a toll. Debra Stamper, General Coun- does not ensure the highest standard Kentucky Department of Financial Chair Overly commented that sel, Kentucky Banker’s Association of consumer compliance. Every state Institutions, gave the committee the meeting had been very informa- (KBA), addressed the committee re- would have the authority to create an update on economic conditions, tive, and thanked everyone for com- garding the current state of the Ken- different consumer compliance laws. the state of Kentucky’s banking in- ing. There being no further business tucky Banking Industry, its role in Currently, in many instances, federal dustry, the Irwin Union Bank failure, for discussion, the meeting was ad- the economic crises of the past 18 laws preempt state laws in instances and DeNovo activity. He stated that journed at approximately 12:10 PM. months and the effect of efforts be- where the federal law encompasses Kentucky banks are strong and do- ing made in Washington to correct an entire subject. This is positive be- ing well, but the national economy INTERIM JOINT COMMITTEE the economic downturn. She stated cause it allows banks that do busi- has had an effect on loan practices ON BANKING AND that Kentucky banks are some of the ness across state lines to be certain in Kentucky. He stated that Irwin INSURANCE strongest in the nation and hold firm they know with which laws to com- Union Bank began operation in 2000 Minutes of the 3rd Meeting to a long history of conservative, ply, and makes the law uniform for and was headquartered in Louis- of the 2009 Interim well-managed banking practices. She all customers. H.R. 3126 would stop ville. It was not chartered or regu- October 27, 2009 stated that the banking industry in this uniformity. She stated that the lated by the Department of Financial The 3rd meeting of the Interim Kentucky is an integral part of every loss of preemption would have the Institutions. Irwin Union Bank was Joint Committee on Banking and In- community in Kentucky. The history effect of making banking, and finan- put into receivership on September surance was held on Tuesday, Octo- of banking in Kentucky is impressive, cial services as a whole, inefficient. 18, 2009, and sold to First Financial ber 27, 2009, at 10:00 AM, at the with the average age of Kentucky It would lessen true competition Bank, Hamilton, Ohio. There was no Norton Center for the Arts, Centre based banks being 116 years. She among financial service providers loss to depositors and no disruption College, Danville, Kentucky. Senator stated that the oldest Kentucky bank under uniform application of laws, in business. He stated that in regard Tom Buford, Chair, called the meet- still in operation today was estab- costing the consumer more as a re- to DeNovo banks, the FDIC changed ing to order, and the secretary called lished in 1835. Kentucky banks are sult. These types of costs would have its statement of policy. There is a the roll. well capitalized and well run. Banks the greatest impact on the smallest limit on competition and formation Present were: developed and maintained in Ken- banks, which are the cornerstone of of new banks, and the DeNovo period Members: Senator Tom Buford, tucky are the solution, not the cre- their communities. She stated that increased from 3 years to 7 years. He Co-Chair; Representative Jeff Greer, ators of this financial crisis. Banks H.R. 3126 is just one of the pieces of stated existing DeNovo banks within Co-Chair; Senators Julie Denton, in Kentucky are still lending, invest- federal legislation that the Kentucky their third year of operation must Dorsey Ridley, Dan “Malano” Seum, ing in their communities, and will- Banker’s Association feels could have provide financial statement and busi- and Brandon Smith; Representatives ing to help maintain the strength of a divesting effect on banking and ness plan requirements. All DeNovo James R. Comer Jr., Will Coursey, Kentucky’s economy. She stated the potentially destroy the traditional banks will be on a 12 month exam Ron Crimm, Robert R. Damron, Mike only things that will stop Kentucky banking states like Kentucky. She schedule through 7 years. DeNovo Denham, Ted Edmonds, Joseph M. banks from staying focused on this said that the potential effect is com- banks must provide written notice of Fischer, Danny Ford, Jim Gooch Jr., mission are pressures from the out- pounded by increased FDIC premium proposed changes to business plans Mike Harmon, Dennis Horlander, side that they cannot ignore, such as rates, additional special assessments during the first 3 years. Business Brent Housman, Dennis Keene, Brad pressures from examiners, regulators, by the FDIC, and prepayment of pre- plans for years 4-7 will be reviewed Montell, Jody Richards, Steve Riggs, and federal legislators. She stated mium requirements. for reasonableness and evaluated for Kevin Sinnette, Wilson Stone, and that the proposed federal legislation Representative Mike Denham prospective risk profile and manage- John Tilley. H.R. 3126, the Consumer Finan- stated that he feels over the counter ment capabilities. Guests: John Roush, President, cial Protection Agency Act (CFPA), derivatives are part of the current fi- Senator Tom Buford asked the Centre College, Jamey Gay, Danville which made its way out of the House nancial crisis. committee to observe a moment of City Commissioner, Anne Sleet, Financial Services Committee last John Cooper, Legislative Agent, silence in honor of the passing of Mayor of Perryville, Harold McKinney, week and is moving to the full floor, Kentucky Banker’s Association, stat- Representative Steve Riggs father, Boyle County Judge Executive, Jodi creates a new federal regulator for ed he agreed and feels it is because Raymond Riggs. Lassiter, President, Boyle County Eco- financial institutions. This regula- there are no regulations on deriva- Meeting adjourned. nomic Development Partnership Julie tor would be given the authority to tives. Wagner, Executive Director, Heart of develop, implement and enforce con- Representative Bob Damron INTERIM JOINT COMMITTEE Danville Main Street Program, Debra sumer financial protection laws. This stated that the National Conference ON ECONOMIC Stamper, General Counsel, Kentucky regulator and its regulations would of Insurance Legislators (NCOIL) has DEVELOPMENT AND Banker’s Association, John Cooper, be outside of the current regulatory model legislation that he anticipates TOURISM Legislative Agent, Kentucky Banker’s structure. The regulations developed will be adopted at the conference’s Minutes of the 3rd Meeting Association, and Charles Vice, Com- and enforced would be, in large part, November meeting which would ad- of the 2009 Interim missioner, Kentucky Department of without regard to the impact on the dress recent issues regarding credit October 15, 2009 Financial Institutions. safe and sound operation of financial defaults. He stated that he agrees The 3rd meeting of the Interim LRC Staff: Rhonda Franklin, Em- institutions. She stated that apply- that too much federal regulation can Joint Committee on Economic De- ily Bottoms, Jens Fugal and Jamie ing a separate, conflicting set of laws cause problems at the state level. velopment and Tourism was held on Griffin. on highly regulated FDIC insured in- Representative Jeff Greer stated Thursday, October 15, 2009, at 9:30 The minutes from the September stitutions is unacceptable and bad that he was pleased to hear that Ken- AM, in the new indoor arena at the 30, 2009, meeting were approved. public policy not only for banks, but tucky banks are doing well. He asked Kentucky Horse Park. Senator Alice President John Roush, Centre also for consumers and the economy. if the Kentucky Banker’s Association Forgy Kerr, Chair, called the meeting

22 2009 Interim LEGISLATIVE RECORD to order, and the secretary called the Responding to Representative the 2010 World Equestrian Games. to the Vancouver Winter Olympics. roll. Pasley’s question, Ms. Head said Mr. Nicholson noted the importance Mr. Link explained that the World Present were: that as an observer, the 2010 Games of the British exhibit and the Imperial Games Foundation is a self-funded, Members: Senator Alice Forgy are not featured enough in Europe. China exhibit because they fostered nonprofit organization. The Founda- Kerr, Co-Chair; Representative Eddie She suggested increasing public rela- international relations as will the tion receives its revenues from spon- Ballard, Co-Chair; Senators Julian M. tions efforts in Europe as she feared World Equestrian Games. He pointed sorships, ticket sales, trade show Carroll, Julie Denton, Denise Harper that people would regret not coming out that the 2010 Games are the first sales, and hospitality sales. It is antic- Angel, Katie Kratz Stine, Gary Tapp, once they see the games unfold. to have a name sponsor. The spon- ipated that there will be over 500,000 Robin L Webb, Jack Westwood, and Representative Wuchner asked sor, Alltech, Inc., is an international spectators at the 16-day event and Ken Winters; Representatives Royce if marketing the games as a holiday cutting-edge biotechnology company 500 million television viewers glob- W. Adams, John “Bam” Carney, Leslie with side trips would be more inter- headquartered in Nicholasville, Ken- ally. The initial projected economic Combs, Will Coursey, Mike Denham, esting for the European traveler. Ms. tucky. He said the 2014 World Eques- impact is $150 million. Mr. Link said Ted Edmonds, Kelly Flood, Jim Gooch Head noted that children will be in trian Games in France will carry an hotel rooms and travel arrangements Jr., Mike Harmon, Melvin B. Henley, school in September so it is not a Alltech name sponsorship as well. have already been booked. Staffed by Dennis Horlander, Joni L. Jenkins, holiday period in Europe. She sug- Mr. Nicholson said the 2010 approximately 30 people, the Foun- Dennis Keene, Thomas Kerr, Martha gested partnering with European sis- Equestrian Games would not have dation will rely heavily on volunteers Jane King, Adam Koenig, Tom McKee, ter cities such as Deauville, France, been possible without the vision and for the games, with several thousand Tim Moore, Fred Nesler, David Os- Kildaire, Ireland, and Shizuoka, Ja- support of the Kentucky General As- volunteers currently registered. The borne, Ruth Ann Palumbo, Don Pas- pan. sembly. Referring to a construction Park will host 1,500 to 2,000 media ley, Ancel Smith, Fitz Steele, Tommy Next, John Nicholson, Execu- update handout, Mr. Nicholson said from around the world. Thompson, and Addia Wuchner. tive Director of the Kentucky Horse of the approximately $109 million Mr. Link said ticket sales Legislative Guests: Represen- Park, gave an update on the prepa- in capital projects at the park, $80 launched September 25 with over tatives John Will Stacy and Susan rations at the Horse Park for the million are state funds. He said the 125,000 sold to date. Through ticket Westrom. 2010 World Equestrian Games. Mr. new indoor arena and outdoor sta- sales the Foundation has obtained Guests: John Nicholson, Execu- Nicholson said the new indoor arena dium have received great reviews and one third of their revenue. Mr. Link tive Director, Kentucky Horse Park; has already hosted several success- the infrastructure updates were well said although the event has a $76 Jamie Link, Chief Executive Officer, ful events. He said beyond the 2010 needed. $28 million in private invest- million budget, the competitions World Games 2010 Foundation, Inc.; Games, the facility was needed as the ments funded construction and ren- must be flawless, therefore a great Martine Head, Longitude Farm, Deau- park had outgrown its existing facili- ovation of new offices, an addition to deal of resources have been devoted ville, France; and Marcheta Sparrow, ties. The new arena allows the park the museum, and other facilities on to operations. Other budgetary ex- Secretary, Kentucky Tourism, Arts to be competitive in attracting future the park grounds. penses include 35,000 temporary and Heritage Cabinet. events and noted that the arena is Responding to Senator Kerr’s seats, 300-400 temporary struc- LRC Staff: John Buckner, Com- already booked for 27 events outside question, Mr. Nicholson said they tures as well as transportation and mittee Staff Administrator; Karen of the World Equestrian Games. are continuing to promote the games security costs. There will be several Armstrong-Cummings; Louis Pierce; Mr. Nicholson said the genesis and noted that during the Alltech hundred motor coaches in to trans- and Dawn Johnson. behind the Horse Park was John European Equestrian Championships port attendees to the games daily. Co-chair Kerr welcomed every- Gaines work to create a people’s in England there was a significant The marketing budget is strategically one to the joint meeting of the In- horse farm. It allowed visitors to ex- promotional effort there as well as set up to promote the games region- terim Joint Committees on Economic perience Kentucky’s equine heritage. at international equestrian events in ally, nationally, and internationally. Development and Tourism, and La- The Horse Park evolved and has been Toronto Canada. The Foundation is working with the bor and Industry. Co-Chair Ballard successful in equine entertainment Responding to Representative International Equestrian Federation, thanked the Kentucky Horse Park for and education. Part of that success Ballard’s question, Mr. Nicholson Alltech, Inc., several equine publica- their hospitality. is the International Museum of the explained that the World Equestrian tions and journalists to market the Senator Carroll noted the ongo- Horse which will host the interna- Games are similar to the Olympics games and will continue to increase ing progress of the Horse Park since tional exhibit titled “A Gift from the and are awarded to different areas marketing in print and electronic the 1970s and its first hosting of the Desert,” in 2010--a $3 million ex- and countries every four years. The media around the world to promote Rolex three-day event to the upcom- hibit funded principally by the Saudi 2014 Games will be in Europe. He ticket sales. Mr. Link said the Foun- ing 2010 World Equestrian Games. Arabian Equestrian Federation. It will said it is a possibility that the games dation is also working with the Ken- A motion and second by Repre- feature priceless art and artifacts fea- will come back but other internation- tucky congressional delegation and sentative Edmonds and Senator Stine turing the Arabian horse. al events such as the annual World federal organizations primarily in ar- to approve the minutes of the Sep- Mr. Nicholson said that the Cup Championships and the quali- eas of transportation and security. tember 17, 2009, Economic Develop- Kentucky Horse Park Foundation fiers for these type events are more Mr. Link said the “Kentucky Ex- ment and Tourism meeting were ap- was formed to allow private money promising. He said the Horse Park is perience,” coordinated by the Tour- proved by voice vote. to fund facilities for horse shows. now on the “international road” of ism Cabinet, will promote state Representative Hoffman wel- Currently, there are over 70 national equestrian sports. tourism, Kentucky products, and comed everyone to the Horse Park. and international events. The original Jamie Link, Chief Executive Of- will host Kentucky entertainment. It Representative Edmonds in- intent was for private organizations ficer, World Games 2010 Foundation, will be featured in a 25,000 square troduced thoroughbred owner and to be headquartered at the park. Inc. explained that the equestrian foot facility in the main trade show breeder Martine Head of Deauville, In 1986, the American Saddlebred games consist of eight world cham- area. Mr. Link said the legacy of the France. Ms. Head expressed concern Association opened their national pionships of equestrian sport. The first United States sponsored World that marketing efforts in Europe and headquarters and museum at the 2010 games will be the first to fea- Equestrian Games is important. elsewhere for the World Equestrian park. To date, there are 35 organiza- ture eight disciplines and the first to Senator Stine said she had re- Games were lagging. She said Euro- tions headquartered at the park in- include paraequestrian events. Also, ceived complaints about the unavail- peans involved in equestrian events cluding the United States Equestrian it will be the first time all events will ability of hotel rooms. Mr. Link sug- may not be aware of the significant Federation. Mr. Nicholson noted the be held in one designated area. The gested booking travel through the work in place at the Horse Park for number of private sector employees only event not held completely on Foundation’s website. He said some the 2010 Games. She said the 2014 who work at the park, stating the Horse Park grounds is the 100 mile periods are being booked faster than Games will not be able to offer the best type of public investment is endurance ride. The Horse Park has others and some hotels are requiring same caliber of facilities as those in one which fosters private investment partnered with surrounding farms for minimum lengths of stay. The aver- the United States at the Horse Park. within Kentucky’s signature indus- this event. Mr. Link said the equestri- age booking is seven days. He said She suggested getting not only those try. Through the partnership with the an games will be the largest sporting there are rooms available including involved in the world games but par- Equestrian Federation the Horse Park event in the United States in 2010. areas outside of Lexington in central ticipants of others equestrian events heightened its profile nationally and It will be the second largest sporting and northern Kentucky as well. as well. internationally in an effort to secure event in North America, second only Responding to Senator Stine’s

THE KENTUCKY GENERAL ASSEMBLY 23 comment, Mr. Link said regional me- lary travel. Mr. Link said their goal Jimmy Higdon, Reginald Meeks, credit. Information was also provid- dia have been very cooperative in would be to provide free shuttle ser- Charles Miller, Harry Moberly Jr., Ma- ed on best practices in other states, covering the upcoming games. Rep- vice from park and ride locations but rie Rader, Jody Richards, Tom Riner, current Kentucky initiatives includ- resentatives are also attending core was unsure if this could be budgeted. Charles Siler, Kent Stevens, Wilson ing the expansion of statewide tech- competitions in Europe to promote If not, they would consider a nominal Stone, Alecia Webb-Edgington, and nology, expansion of financial aid and the games as well as working with charge for round trip transportation Addia Wuchner. advisory opportunities, the creation the FEI and other media outlets in Eu- to and from the park. The volume of Guests: Clyde Caudill and of transfer centers, dual enrollment rope. He said there is a lot of interest visitors in those areas has yet to be Wayne Young, Kentucky Association opportunities, and online programs. in group tours so they are working determined. Hotel bookings will be of School Administrators; Will Hodg- Information was also provided on is- with the Tourism Cabinet to coordi- used during consideration of this. es, LaRue County Schools; and Cindy sues relating to developing common nate efforts with tour operators in Senator Harper Angel asked if in- Heine, Prichard Committee. definitions and shared data across Europe to promote the games. They formation technology was being fully LRC Staff: Audrey Carr, Ken systems and emerging priorities such are also working with other world utilized in marketing the games. Mr. Warlick, Sandy Deaton, Janet Ste- as transcript studies and student markets to market the games. Link said IT links were being included vens, and Janet Oliver. experience surveys. Representative Secretary Sparrow added that wherever possible. Senator Winters asked for a mo- Rollins said the presentations on the six international travel writers who Responding to Senator Harper tion to approve the minutes of the Kentucky Adult Education and Ken- specialize in equine sport are cur- Angel’s question, Mr. Link said there September 14, 2009, meeting. Upon tucky Adult Learning Initiatives were rently in Kentucky touring the area are significant security plans in the motion by Representative Collins, deferred until the November meeting in preparation for the Equestrian works. There will be many foreign seconded by Representative Greer, of the committee. Games. She said the cabinet has a heads of state, royalty, as well as lo- the minutes were approved by voice Senator Winters said that at public relations firm in London to cal, state, and national dignitaries. vote. a recent meeting of the Education market in Europe and other efforts He said there will be perimeter secu- Senator Winters asked the Commission of the States which he include marketing horse shows in rity as well as internal event security chairs of the subcommittees to re- and other legislators attended, they Canada. Secretary Sparrow said the in place. He said it is important to be port on the morning meetings of were privileged to hear Dr. William E. cabinet has been working with re- secure without undue intrusiveness. the subcommittees. He said reports “Brit” Kirwan present the findings of gional tourism partners in marketing Prohibited items lists will be posted from the previous meetings of the the College Board Advocacy’s Com- the games. in the parking lot, at the park en- subcommittees were provided in the mission on Access, Admissions and Senator Westwood asked if trance and on the games website. members’ folders. Success in Higher Education, entitled there was a transportation plan to Responding to Senator Webb’s Senator McGaha said the Sub- “Coming to Our Senses: Education get visitors to and from local airports. question, Mr. Link said for safety rea- committee on Elementary and Sec- and the American Future.” He said Mr. Link said shuttle plans are being sons there will be a no-dog policy for ondary Education heard presentations Dr. Kirwan was raised and educated made for nearby airports including the games. The Foundation is work- on career and technical education. in Kentucky. He related that Dr. Kir- Louisville and northern Kentucky and ing with the Lexington Humane So- He said Secretary Helen Mountjoy wan’s father was a Kentucky school daily park-and-ride options are being ciety to provide temporary shelter from the Cabinet for Education and teacher and coach and became the developed as well. Car rental agen- if needed and many hotels are pet Workforce Development gave brief football coach, dean of students, cies have been contacted regarding friendly. The no-dog policy will also remarks about the Cabinet’s vision professor, and subsequently the sev- their inventories. be publicized. Mr. Nicholson added for career and technical education; enth president of the University of Responding to Representative that dogs are not allowed by orders of and John Marks, Executive Director Kentucky. Senator Winters said that Embry’s question Mr. Link said tick- the United States Department of Ag- of the Office of Career and Technical Dr. Kirwan is currently Chancellor of ets have been sold to people from riculture to help prevent the spread Education, gave an overview of the the University System of Maryland. all 50 states and over 40 countries. of communicable diseases between management and operation of the KY Members of the committee were He said Europe will be the strongest dogs and horses. He said dogs will be Tech System, which includes 54 area provided a copy of the report, Dr. market but they are marketing in ar- welcome at the park before and after technology centers that offer hands- Kirwan’s bio, and the PowerPoint eas outside of Europe as well. the games. on training to students in business, presentation. Representative Carney expressed There being no further business, construction, manufacturing, trans- Dr. Kirwan said Kentucky is be- concern about current financial hard- the meeting adjourned at 11:30 AM. portation, health, and information coming known as a leader in educa- ship schools are facing and having to Following the meeting the com- technology. Senator McGaha said the tion reform because of the progressive pay a fee for children to tours the mittees toured the new facilities at centers allow students opportunities steps being taken in K-12 education Horse Park. He noted the educational the Horse Park. to explore options that may lead to and the Senate Bill 1 legislation. He importance of children experiencing additional study at the postsecond- said Dr. Robert King, the new presi- one of Kentucky’s signature areas. Mr. INTERIM JOINT COMMITTEE ary level or successful employment dent of the Council on Higher Edu- Nicholson said there are a number of ON EDUCATION after high school graduation. He said cation, brings the perspective that class tours throughout the year. He Minutes of the 5th Meeting Bettie Tipton, Supervisor of the Fed- is needed to make changes in higher said that while the fee is a nominal of the 2009 Interim eral Programs Branch, gave an over- education. $2 per student he understands the October 12, 2009 view of the Carl D. Perkins Technical Dr. Kirwan said it is devastat- potential hardship. The education The fifth meeting of the Interim Education Act and explained how the ing to know that the United States, department at the park has designed Joint Committee on Education was funding is used to support career and when compared to industrialized curricula for teachers to use horses held on Monday, October 12, 2009, technical education in high schools, countries throughout the world, is to teach various disciplines. He said at 1:00 PM, in Room 149 of the Capi- community and technical colleges, ranked 23rd in high school comple- it is web-based as well. Representa- tol Annex. Senator Ken Winters, Co- and universities. tion rates and 10th in postsecondary tive Carney suggested waiving the Chair, called the meeting to order, Representative Rollins gave completion rates when it previously fee at least for next year. Mr. Nich- and the secretary called the roll. the report for the Subcommittee on had been ranked number one in his olson said it was a worthy idea to Present were: Postsecondary Education. He said lifetime. Data also shows that the investigate. Members: Senator Ken Winters, representatives from the Council on US has the highest college dropout Representative Wuchner noted Co-Chair; Representative Carl Rollins Postsecondary Education, the two percentage of any industrialized na- the differences in European mass II, Co-Chair; Senators Walter Blevins research universities, and the Ken- tion. Data also shows that the US is transportation and that of the Unit- Jr., David Givens, Dan Kelly, Alice For- tucky Community and Technical Col- the only industrialized nation where ed States and asked if transportation gy Kerr, Vernie McGaha, R.J. Palmer lege System provided information on the 25-34 cohort group with a two packets had been considered. Mr. II, Tim Shaughnessy, Elizabeth Tori, student transfer issues. The presen- or four-year college degree is actually Link said they are providing motor and Jack Westwood; Representatives tations included barriers to success- declining, and only 39% of the same coaches and the Tourism Cabinet is Linda Belcher, John “Bam” Carney, ful transfer, such as student financial cohort group actually has a college working with local governments to Hubert Collins, Jim DeCesare, C. B. difficulties, lack of understanding degree as compared to 45-55% of the incorporate public transit systems to Embry Jr., Bill Farmer, Kelly Flood, Jim about the process, and comparabil- same group in other industrialized help provide transportation for ancil- Glenn, Derrick Graham, Jeff Greer, ity of transferred courses for degree nations. He said if changes are not

24 2009 Interim LEGISLATIVE RECORD made, underrepresented minorities on teacher preparation programs; transfer process has created prob- completed some credit hours back in the same cohort group will result and postsecondary institutions have lems across the nation and part of to the institutions to finish their de- in a college completion rate of only not been addressing attrition rates. the solution to increasing the college grees. Dr. Kirwan said having placed 29% by the year 2025. Dr. Kirwan Dr. Kirwan said the commis- completion rate is fostering a strong adult education under the Council said it was because of those frighten- sion developed 10 recommendations partnership between two-year and on Postsecondary Education in Ken- ing statistics that the College Board to address the deficiencies they had four-year schools. He said communi- tucky brings focus to that issue. Advocacy created the Commission identified. One recommendation ty colleges provide access at a much Representative Graham said he on Access, Admissions, and Success was to make voluntary preschool lower cost than four-year institu- has observed that many students, in Higher Education. available to all children from fami- tions for students seeking a two-year especially those from low income Dr. Kirwan said the Commis- lies at or below 200% of the poverty degree and it would be beneficial to families, are often discouraged from sion, which he chairs, was appointed level. He said legislation has already keep those students in two-year col- taking rigorous courses by teach- by College Board Advocacy President been initiated in Congress to increase leges until they have completed an ers or counselors. Dr. Kirwan said Gaston Caperton, former governor of funding for Head Start programs. He associate of arts (AA) degree rather the issue is discussed in the report West Virginia, and has 28 members said another recommendation is to than having them transfer after one and recommendations include edu- broadly representative of higher edu- better inform middle school students year. He said there is a strong rela- cating students and parents about cation, K-12 education, the business about what they will need to do in tionship between two and four-year college requirements, although it is sector, and private and public univer- order to attend college. He men- colleges in Maryland and in many even more important for local school sities. He said the commission was tioned a University System of Mary- disciplines a student can complete personnel to address those issues. charged with examining education land (USM) program called “Way2Go an AA degree and come to a four- Representative Graham said that in America to find the holes in the Maryland” that provides a brochure year institution as a junior. He said students who do not take Advanced continuum of the K-16 pipeline and to every middle school student in the Maryland also allows a student to be Placement or honors classes are al- to make recommendations on how state with information on the course dually enrolled in a two and four-year ready at a disadvantage. Dr. Kirwan to fix it. The commission completed sequences they need to take to be college simultaneously which allows agreed and said that K-12 councils the study and developed a set of rec- ready for college and the financial aid the student to be advised by the four- and state and local school person- ommendations to achieve a goal of a available to them. year college from day one and helps nel must make a systemic effort to 55% two or four-year postsecondary Dr. Kirwan said the commission them feel connected to the four-year change that paradigm and become completion rate in the 25-34 cohort recommends that the college prepa- college where they are likely to pur- a positive influence on all students group by 2025. The 55% was se- ration curriculum become the default sue their four-year degree. regardless of their background. Rep- lected as the goal to meet in order high school curriculum nationally Dr. Kirwan said keeping col- resentative Graham asked for fur- for the US to continue to be a lead- for every student unless the student lege affordable is very important and ther explanation of the procedure in ing economic power. Dr. Kirwan said specifically opts out of the curricu- higher education institutions must Maryland that allows students who the report was released about 11 lum. Another recommendation is play a role by finding lower cost ways have completed a two-year degree months before the last presidential that high school exit requirements of delivering high quality education. program to be accepted in a four-year election and it is interesting to note align with college entrance expecta- He said state governments must also institution. Dr. Kirwan said there is that President Barack Obama has set tions. Dr. Kirwan related that Roy take responsibility and ensure main- a Maryland state regulation that al- a similar goal for the US to be the Romer, former governor of Colorado, tenance of effort. He said in Mary- lows any student who obtains an leader in higher education comple- is chairing a national commission land, public higher education institu- AA degree in a Maryland college to tion with a two or four-year degree to develop uniform standards for tions receive half their funding from enter a four-year school, although by the year 2020. high school completion, beginning state appropriations and half from some lower level courses may still Dr. Kirwan discussed the con- with mathematics and English, in tuition. He said the federal govern- have to be completed to obtain a clusions reached by the commission. which 48 states including Kentucky ment must also play a role through higher degree. He said university He said they concluded that poverty and Maryland are participating. Dr. financial aid for students and was and college curricula are also being plays a huge role in undereducation, Kirwan said that the commissioner pleased about the increase in Pell more stringently aligned, especially giving as an example that a three- found that the college admission and grants. in high demand workforce areas such year-old growing up in a family at financial aid processes are too com- Dr. Kirwan said that much more as teacher education. He said when poverty level has an average vocabu- plex and must be simplified. He said emphasis must be placed on teacher a student completes an AA degree in lary of approximately 1500 words as the US Department of Education has preparation programs at colleges and teaching, nursing, engineering, and compared to a middle income fam- begun the process of simplifying the universities in order to produce a other high need areas, the student ily where the average vocabulary for Free Application for Federal Student large number of high quality teach- may then enter a four-year institu- a three-year-old is 2500 words. He Aid (FAFSA) forms. ers. He said studies in Maryland tion as a junior because the curricula said both three-year-olds would en- Representative Glenn asked Dr. revealed that as many as 360 teach- has been so tightly aligned. Dr. Kir- ter the same kindergarten with the Kirwan if he could identify any of the ers of mathematics and science are wan said that even the University of one child having to overcome a huge reasons for the decrease in college needed in the secondary level each Maryland College Park, which has hurdle from the onset. The commis- attendance and college graduation year to replace the retiring work- very high admission standards, ac- sion concluded that there is a dearth rates. Dr. Kirwan said he believes force and meet student demand but cepts the AA degree for admission. of information to students at the too many students come through the universities are only producing Representative Graham asked if the middle school level, especially stu- the K-12 system unprepared for col- about 120 teachers. For that reason, commission discussed how instruc- dents from low income and under- lege and that Congress is trying to the state has developed initiatives to tion delivery methods at the univer- represented minority families, about address the situation through such triple the number of highly qualified sity level impacts retention. Dr. Kir- how to get on a college track, such legislation as the No Child Left Be- science and math teachers. He said wan said the issue was discussed and as understanding what courses to hind Act and Race to the Top fund- the University of Texas has started a included in the recommendations for take or the financial aid that would ing proposal. He said the silver lining program called “UTeach” which has best practice strategies for college be available to help the student at- is that states legislatures, like those quadrupled the number of teachers retention, putting the onus on col- tend college. Dr. Kirwan said the in Kentucky and Maryland, are also coming out of the University of Texas leges and universities to understand commission also found there is a developing initiatives to improve the that could serve as a model for the why students are dropping out. He lack of rigor in high school curricula; education of their citizens. rest of the country. said Maryland has a P-20 leadership a lack of alignment between the exit Representative Riner asked Dr. Dr. Kirwan said that colleges and council chaired by the governor that requirements in high school and en- Kirwan if the statistics in the report universities are masters at market- is studying ways to bridge the gulf trance requirements in college; that about declining graduation rates fac- ing in recruiting students but must and create seamless curricula. college application and financial aid tored in the illegal immigrant popula- provide more leadership in develop- Representative Glenn asked if processes are too burdensome and tion. Dr. Kirwan said the data does ing best practices for retention of other states tie funding to reten- confusing; that need based financial not include unregistered immigrants those students. He said there is also tion levels. Dr. Kirwan said there are aid is insufficient; that many univer- and is based on enrollment data. a need to invest in adult education growing efforts to provide incentive sities fail to put adequate emphasis Dr. Kirwan said the college programs to steer adults who have funding based on retention rates, al-

THE KENTUCKY GENERAL ASSEMBLY 25 though each institution should not mission made. He asked what crite- and the Maryland legislature directed year reporting requirement so all in- be expected to have the same reten- ria will be included in the $2.5 bil- a study of the issue. He said 30 in- stitutions report graduation rates for tion rate because of various factors, lion competitive grant that may pass stitutions are participating in an ex- six-year periods making it the default such as admittance criteria, location, Congress, such as will it be specific periment in which a Kindle device is standard. He said it is important and tuition. or general in nature and will each used to download textbooks to low- to return to a four-year expectation Senator Blevins said that im- state or individual institutions ap- er the cost to students and provide for graduation and related that the poverished students typically do not ply for and administer it. Dr. Kirwan them the convenience of having the University System of Maryland has have access to the technology that said he did not know all of the details textbook in one single instrument. worked on decreasing the amount other students may have in their in the legislation but is aware that a Representative Moberly asked of time so that it now takes approxi- homes and perhaps entitlement pro- comment period will be allowed so for more information on the initia- mately 4.9 years to complete an un- grams for low income people should that education associations, state tives in Maryland and Texas about dergraduate degree. He said it is not include providing students with com- councils, and other interested groups teacher preparation programs. Dr. unrealistic to even strive for a three- puters and other technology to help can provide input. He said that a sig- Kirwan said the University of Texas at year degree, which would signifi- them learn. He said there have been nificant portion of funding will be for Austin created the UTeach Program cantly reduce costs, especially since projects in Eastern Kentucky to place statewide efforts although it may in- that allows freshman and sophomore many students come to college with refurbished computers in low income clude funding for individual institu- students majoring in math and sci- advanced placement credits. Dr. Kir- homes which is making a difference tions focusing on systemic efforts to ence to earn a modest stipend by wan said that accessibility issues can for those students. Dr. Kirwan said improve college completion. He said voluntarily serving as teaching as- be addressed through online curricu- that finding ways to stimulate the the initiatives must be cost effective sistants in math and science classes la and community colleges. He said learning environment for low income and sustainable when the federal in the local school district and allows the University of Maryland Universi- students, such as technology, was funds have been expended. Repre- the undergraduate student to take ty College is a fully accredited online the number one recommendation re- sentative Moberly asked if it is antic- enough courses so they can become degree program with an enrollment lated to that cohort group. ipated that the legislation will pass certified to teach. He said the pro- of 117,000 students, which makes Dr. Kirwan said that he and other in this session to which Dr. Kirwan gram started with 70 students and it the largest postsecondary institu- commission members are determined responded that is his understanding. now has over 400 students enrolled. tion in the state. He said the univer- to keep the effort to improve educa- Representative Moberly asked Dr. Dr. Kirwan said in an effort to sity system also creates partnerships tion alive. He said that members of Kirwan what he meant by a system- lower college costs the University with two-year schools in certain the commission met with President ic effort. Dr. Kirwan said individual System of Maryland began an “Ef- underrepresented geographical areas Obama’s transition team to apprise states would have to demonstrate fectiveness and Efficiency Initiative” to allow faculty to use classrooms in them of the commission report and a systemic effort to increase college about five years ago which has re- the community colleges so students members of the commission have graduation in partnership with two sulted in $90 million in savings and may complete their undergraduate been meeting with higher education and four-year institutions. cost avoidance and that other suc- degrees. associations, Congressmen, state leg- Representative Moberly said cessful initiatives have also been un- Representative Meeks said that islators, and other groups interested he is aware of the movement to de- dertaken at other institutions. the obstacles identified by the com- in joining the effort. He said the crease the number of hours required Senator Westwood said that one mission appear to be national issues commission has formed a partner- to graduate and that most Kentucky of the problems for college students and asked how a poor state such as ship with the National Conference of schools have already decreased is that the expectation of obtaining Kentucky can play a role, when it has State Legislatures to develop a state graduation credits from 128 to 120, a degree in four years has become even been impossible to require that policy guide which will be available which makes counseling of students unrealistic and that a six-year com- students remain in school to the age in the spring of 2010 and will include even more important to ensure that pletion rate has become the default. of 18. Dr. Kirwan said each state will best practices and strategies to im- those transferring from a two-year to He said many students may need to need to decide what steps can be prove education. The commission is a four-year institution are meeting take as many as 12 to 15 hours of taken based on needs, capabilities, also working with members of Con- the requirements for the major pro- developmental education courses for and obstacles. He said the commis- gress to create a college access and gram of studies. Dr. Kirwan agreed which they receive no credits, even sion’s partnership with the National completion fund, and a bill has al- and said that Maryland is already though they are paying tuition and Conference of State Legislatures will ready been introduced that contains providing students with information fees associated with those classes. result in model pieces of legislation, a $2.5 billion appropriation geared required to complete a number of de- Senator Westwood said that creating best practices, and policies that each toward higher education. Dr. Kirwan grees, particularly in high need areas. a seamless K-12 transition and align- state can consider. Representative said the College Advocacy Board also Representative Moberly asked Dr. ment of courses with postsecondary Meeks asked Dr. Kirwan if he has any plans to develop a report card that Kirwan what higher education insti- education will help alleviate the need opinion regarding the frequent criti- will assess how each state is doing tutions should being done right now for developmental courses and that cism of the Obama administration based on the commission’s recom- nationwide to make college more af- the Southern Regional Educational about federal government spending mendations, such as aligning K-12 fordable, especially considering the Board is conducting a study to deter- and interference in state and local is- education with higher education. slow economic recovery. Dr. Kirwan mine the types of courses a student sues such as education. Dr. Kirwan responded that a combined effort could take in any two-year program said a balance is always needed be- Dr. Kirwan said America is fac- is essential in lowering the costs of of study that would count toward tween federal control and local au- ing many challenges including the high quality education. He said the an undergraduate degree in any four- tonomy and responsibility. He said health care crisis, financial instabil- University System of Maryland is year institution. He said he would that Roy Romer, former governor of ity, and homeland security, but no working with the National Center for like to see a core curriculum devel- Colorado, is spearheading an effort challenge is more significant than Academic Transformation, which has oped that is transferrable to any uni- to create a uniform set of standards providing a better education system developed a remarkable set of strat- versity in the nation. Senator West- in the core disciplines for high school for all its citizens. He said educa- egies to lower the cost of delivering wood said another issue is that if a completion and that Kentucky and tion is key in building a strong, vi- lower division courses and improving student withdraws for any number Maryland are involved in this national brant economy and a high quality of learning, and that online education of reasons and decides to return at a effort. He said the federal government life and he is heartened by the focus also lowers the costs of education. later date, the credits already earned is also making huge investments to Kentucky legislators have on improv- Representative Moberly asked what may no longer count toward the de- help states improve the performance ing the education of their constitu- recommendations have been provid- gree they are seeking. He said lack of of high schools students, such as the ency. Dr. Kirwan said the paradigm ed regarding the costs of textbooks, accessibility also negatively impacts Race to the Top funding. Represen- needs to be changed now so that specifically whether there is a recom- low income students because colleg- tative Meeks asked Dr. Kirwan if he America can once again be the leader mendation about standardization of es are often too far away to commute would advise a student to take more in education. textbooks or if the academic freedom even if the student has transporta- rigorous courses which may result Representative Moberly said issue negates the effort. Dr. Kirwan tion and living on campus may not in a grade that would perhaps af- that Senate Bill 1 addresses many of said there must be a balance between be affordable. Dr. Kirwan said the fect receipt of a scholarship or take the recommendations that the com- academic freedom and affordability federal government established a six- less rigorous courses and qualify for

26 2009 Interim LEGISLATIVE RECORD a scholarship. Dr. Kirwan said he He referred to the model of educa- nex. Senator Vernie McGaha, Chair, and trained workforce is one of the would advise any student to take the tion that has existed for years as us- called the meeting to order, and the greatest incentives Kentucky can of- rigorous courses, which will better ing “the sage on the stage” instruc- secretary called the roll. fer to companies looking to locate or prepare them for success in college. tor and now students are becoming Present were: expand their operations in the state. Representative Carney said all active learners with instructors being Members: Senator Vernie Mc- She introduced Mr. John Marks, Ex- of the commission’s 10 recommen- the “guide on the side” which will Gaha, Co-Chair; Representative Ted ecutive Director, Office of Career and dations were good but he would en- make the delivery of education more Edmonds, Co-Chair; Senators David Technical Education, and asked him courage Kentucky leaders to focus cost effective. Givens, Tim Shaughnessy, and Jack to provide additional information to on three areas and Senate Bill 1 has Senator Winters told Dr. Kirwan Westwood; Representatives Linda the committee. begun to address some of those ar- that his excitement and enthusiasm Belcher, John “Bam” Carney, Hubert Mr. Marks introduced the fol- eas. He said Kentucky students are about the report and the general topic Collins, Derrick Graham, Jimmy Hig- lowing staff who assisted him with required to have individual growth of improving education is contagious don, Charles Miller, Rick G. Nelson, the presentation: Michael Kindred, plans to help them begin selecting and that he and his colleagues will Marie Rader, Kent Stevens, Wilson Deputy Executive Director, Office of courses of study to meet career goals. be looking forward to reviewing the Stone, and Alecia Webb-Edgington. Career and Technical Education; and He said the most important recom- state policy guide and participating Legislative Guest: Representa- Mark White, Deputy Executive Direc- mendations relate to early childhood in the college access and completion tive Addia Wuchner tor and Acting Division Director for education, raising the expectations fund. Guests: Commissioner Terry the Division of Human Resources. for all students, and controlling cost Senator Winters asked Melissa Holliday, Kentucky Department of Members of the committee were pro- by making every effort cost effec- Justice, Senior Associate Counsel, Education; Tom Lund, Marion County vided with materials relating to the tive. Representative Carney said it and Becky Gilpatrick, Student Aid Industrial Foundation; Ken Marrett, KY Tech School System. appears that many universities are Branch Manager, for the Kentucky Maewood Cabinet Company, Leba- Mr. Marks said the Office of Ca- being run like a business instead of Higher Education Assistance Au- non; Laura Arnold, Marion County reer and Technical Education over- institutions with a passion for learn- thority, to explain the changes to the Area Technology Center; Will Hodg- sees the KY Tech School System and ing. He said in talking with students administrative regulations. es, Larue County Schools; Deborah works closely with the Chancellor’s at a local university they related that Ms. Justice said that the pro- Anderson, Diane Sharp, Karla Tip- Office of the Kentucky Commu- the cost of a new textbook may be as posed changes to 11 KAR 3:100, ton, and Debra Tankersly, Division nity and Technical College System much as $200 but only have a resale administrative wage garnishment, of Career and Technical Education, (KCTCS) and the Office of Special In- value after being used for one year of which enables the authority to col- Kentucky Department of Education; structional Services in the Kentucky $40. Dr. Kirwan said Maryland in- lect on defaulted student loans, up- Clyde Caudill and Wayne Young, Ken- Department of Education’s Division stitutions are required to post the dates the poverty guidelines in the tucky Association of School Admin- of Career and Technical Education. International Standard Book Num- regulation to meet those published istrators; and Karen Thomas Lentz, He said the three entities meet fre- ber (ISBN) of textbooks that will be by the federal government and the Commonwealth Alliances. quently to discuss curriculum, ar- used in the upcoming semester so consumer expenditure tables pub- LRC Staff: Janet Stevens, Sandy ticulation, and dual credit and also students will have an opportunity lished by the Labor Cabinet. Repre- Deaton, and Janet Oliver. share resources, such as Perkins grant to search the competitive market for sentative Stone asked if the change Senator McGaha asked for a funding. Mr. Marks said the KY Tech the best possible price. lowers the threshold or increases the motion to approve the minutes of School System has 54 centers across Representative Richards asked threshold before garnishment can the August 10 and September 14, the state and the handouts provided Dr. Kirwan if he was aware of the occur. Ms. Justice said the tables are 2009, meetings of the subcommit- to committee members contains in- reasons why students do well in el- used in determining whether there is tee. Upon motion by Representative formation about center locations, ementary school, but then academic an extreme financial hardship and the Collins, seconded by Representative counties served, programs offered, attainment begins to decline in mid- amendment increases those values so Stone, the minutes were approved by and enrollment data. dle school and never really recovers in the borrower will be allowed to have voice vote. Mr. White provided informa- high school. Dr. Kirwan said teacher slightly more income and may have Senator McGaha said the focus tion on the personnel statutes and standards need to be increased and fi- slightly higher expenditures before of the meeting would be the Ken- requirements to employ staff for KY nancial incentives provided to award the garnishment would take effect. tucky Tech System. He welcomed Tech System. He explained that em- teachers who demonstrate an ability Ms. Justice said the amendments Secretary Helen Mountjoy of the ployees are governed by KRS Chap- to effectively educate students. He to 11 KAR 5:145, CAP grant award Cabinet for Education and Workforce ter 151B, whereas executive branch said there is no other profession of determination procedure, increase Development and asked her to give employees are governed by KRS which he is aware where there is not the expected family contribution in her presentation. Chapter 18A. He said that vacancies some extra financial reward based on order to be eligible for a grant award. Secretary Mountjoy said that are posted on the Cabinet Website merit and demand. Dr. Kirwan said Senator Winters asked what initiated career and technical education plays and at each area technology center students seeking degrees in science the change. Ms. Gilpatrick said the an important role in providing Ken- and all applications are reviewed by and math fields can find higher pay change mirrors the increase in the tucky’s youth a jumpstart on a career designated Cabinet staff. Technical jobs that are not in the teaching field, federal Pell Grant requirements. path through a rigorous curriculum instructors are required to have at a which makes it even more important Senator Winters said the next and training in skills necessary to minimum a Rank III Kentucky Teach- to reward teachers of those disci- meeting of the committee will be in lead a productive life. She said the ing Certificate in the subject area to plines for meritorious performance. Frankfort on Monday, November 9, cabinet’s goal for each student is that be taught and may also be required Representative Richards asked how 2009. There being no further busi- they be provided the education and to have other certifications, such technology can be incorporated in ness to discuss, the meeting ad- skills necessary to prepare them for as being required to be a registered teaching to better educate young journed at 3:00 PM. either postsecondary education and/ nurse in order to teach health sci- people. Dr. Kirwan said the method or the workplace, especially since ence. Qualifications of applicants of delivery of formal education has INTERIM JOINT COMMITTEE most new jobs in the 21st century for teaching positions are verified changed very little in previous years ON EDUCATION will require education beyond the through the Education Professional and it is becoming extremely impor- Subcommittee on Elementary and secondary level. Secretary Mountjoy Standards Board (EPSB) and each tant to incorporate technology into Secondary Education explained that students can access ca- applicant must also be approved the classroom. He said that is some- Minutes of the 4th Meeting reer and technical education through through criminal background checks. times difficult for faculty who have of the 2009 Interim courses offered at comprehensive been teaching for years, but new October 12, 2009 high schools; through locally oper- educators will be more comfortable The fourth meeting of the Sub- ated career and technical centers; or with using technology. He said ini- committee on Elementary and Sec- through the area technology centers Mr. Marks said the Office of Ca- tial investments will have to be made ondary Education of the Interim Joint operated by the Office for Career and reer and Technical Education over- to take full advantage of the tech- Committee on Education was held on Technical Education in the Education sees the KY Tech School System but nologies available but in the long run Monday, October 12, 2009, at 10:00 and Workforce Development Cabi- each individual center has an advi- will result in enormous cost savings. AM, in Room 129 of the Capitol An- net. She said that a highly educated sory committee and a steering com-

THE KENTUCKY GENERAL ASSEMBLY 27 mittee. There is also a state steering nents of assessment include tracking programs to be used as credit toward in the Governor’s office, and Repre- committee comprised of representa- KY Tech student scores on the Com- graduation. KY Tech has partnered sentative Rollins for stepping up to tives of the local advisory and steer- monwealth Accountability Testing with the National Center for Re- prevent further cuts from happening. ing committees who meet periodi- System (CATS); the Kentucky Occu- search in Career and Technical Edu- Representative Higdon asked if there cally to discuss curriculum and other pational Skills Standards Assessment cation at the University of Louisville is anything the legislature can do to issues. Mr. Marks stated that KY (KOSSA), which is used to report on a project at Morehead State Uni- help elevate the status of technical Tech has 636 full time positions of technical attainment to the federal versity called Math in CTE to help KY education in Kentucky, such as bring- which 625 were filled as of October government; and the Technical Edu- Tech teachers incorporate academic ing all the technical programs under 9, 2009, leaving 11 vacancies to be cation Data System (TEDS), which content into technical classes. He one organizational unit. Mr. Marks filled, and that 30 positions have tracks the placement of students said allowing resident math and sci- said that although technical educa- been eliminated due to budgetary upon completion of the KY Tech ence teachers to provide academic tion is in three different agencies, cuts. The system currently has 401 program; i.e., employment, military, courses on-site would enable juniors each works with different constitu- technical programs in its 54 centers postsecondary education, etc. Mr. and seniors to remain at the centers ent groups. KDE’s services are pro- serving 33,493 students from 125 Marks said the articulation agree- throughout the day. He said it would vided within high schools governed local school districts. Some districts ment between KCTCS and KY Tech be helpful if each center had on-site by local boards of education and are also served by the Kentucky Vir- allows any student who has taken career counselors. Mr. Marks said taught by faculty in those schools; tual Area Technology Center. an eligible course at an area tech- industry is looking toward technical Ky Tech provides technical education Mr. Marks said that KY Tech nology center to transfer the credit education to prepare a well trained to students in technical schools; and works in conjunction with KCTCS and to a KCTCS institution within three workforce for them and KY Tech tries KCTCS supports the college mission KDE’s Division of Career and Techni- years. The dual credit agreement to ensure that each of its students for technical education. Mr. Marks cal Education on the summer confer- allows students to receive college leaves the program with an industry said the most important support is ence; embedded student organiza- credit while still in high school and certification and sufficient education adequate funding. He said that all tions, such as FFA; business, health, recent statistics from KCTCS show to pursue a college degree without education will need to resemble tech- and information technology pro- that over 10,000 secondary students remediation. nical education by adding relevance grams; credentials for teachers; and are enrolled in technical courses. He Senator Westwood said he was and relationship to learning if Ken- Level III programming. KDE takes the said qualified KY Tech teachers also encouraged that technical programs tucky wants to reduce dropout rates lead in Levels I and II programming serve as KCTCS adjunct faculty. are being considered for academic and beginning career development as for middle and early high school; the Mr. Marks said that KCTCS, KDE, credit and that academic content is early as middle school. Representa- Kentucky Occupational Skills Stan- and KY Tech vocational efforts are being incorporated into the classes. tive Higdon stressed the importance dards Assessment; High Schools not duplicative even though they co- He said he agrees with the concept of continuing the dialogue regarding That Work; Project Lead the Way; ordinate activities. KY Tech is funded of providing practical answers to technical education and developing a and agriculture, family and consumer through a combination of General students to show relevance to what plan to ensure its continued opera- science, distributive, and technology Fund appropriation, Support Educa- they are being asked to learn. Senator tion. education. KY Tech takes the lead tional Excellence in Kentucky (SEEK) Westwood asked how much support Representative Miller asked how in program assessment for 17 stan- funding, and $1.2 million of the KY Tech is receiving from businesses teachers are selected, if they are re- dards; articulation and dual credit; $19.7 Carl D. Perkins grant funding. and industries since it is those enti- quired to possess certain creden- the Ky Tech curriculum; technical He said maintaining the SEEK funding ties that need well trained workers. tials, and if the dual credit is trans- upgrade training, the New Teacher has been crucial in continuing the KY Mr. Marks said many of the centers ferrable to colleges. Mr. Marks said Institute; manufacturing, transporta- Tech program, since stimulus funds do receive support in the form of the Southern Association of Colleges tion, and construction training; and cannot be directly used to support KY supplies, such as donated steel for and Schools (SACS) requires that the Kentucky Virtual Area Technolo- Tech. He said that KY Tech has taken use in the welding programs. Sena- teachers of technical programs have gy Center, which currently has about over a $4 million budget reduction tor Westwood said it is his hope that credentials as high as the level they 90 students enrolled at no cost to which has tremendously hindered its someday there will be an integrated are teaching, so KY Tech teachers the student. operation with drastic cuts in its sup- educational system in Kentucky to must have as a minimum an associ- Mr. Marks said KY Tech is the ply and equipment budget in order to help all students, whether they are ate degree. He said many teachers only Southern Association of Col- retain enough funding to pay utility on a career work path or furthering employed by KY Tech already have leges and Schools-Commission on bills. Extended employment for staff their education, through embedded associate degrees, but those who Accreditation and School Improve- in the summer months, previously academics in course work. do not are enrolled in a community ment (SACS-CASI) accredited tech- used for professional development, Representative Higdon said the college where tuition is waived to nical school system in the nation. equipment repair by staff, and staff legislature has allowed technical ed- obtain a minimum of an associate Every program offered in the KY Tech exchange with industry, has been re- ucation to become the “red-headed degree. Also, many complete higher system is assessed and all programs duced to no more than three days. stepchild” through insufficient fund- degrees with a pay raise provided and teachers are required to hold in- Mr. Marks said his office receives ing and lack of support. He said for each degree attained. Mr. Marks dustry certifications when available. numerous requests from counties technical education is extremely said that teachers with associate de- KY Tech is a state government agency wanting new programs or to expand important in helping to prepare the grees are accepted as adjunct faculty and must comply with all statutory current programs and facilities, espe- more than 50% of students who at the community colleges and that and regulatory requirements relat- cially in the health and information do not plan to attend college for a KY Tech works closely with the com- ing to purchasing, contracts, payroll, technology areas, but there is little successful work career. Representa- munity colleges to ensure curriculum budget, etc., and has an established that can be done at the current time tive Higdon said he is a firm believer alignment between the two systems. personnel employment cap and is di- because of the cuts. that each child is gifted and techni- Representative Miller asked how rectly affected by budget cuts. Mr. Marks said another prob- cal education helps them to iden- many hours a student can transfer to Mr. Marks said KY Tech’s role in lematic issue is that KY Tech centers tify those special talents. He said a community college. Mr. Marks re- secondary education revolves around serving several districts face sched- Kentucky also has the responsibility sponded that the average number of contextual learning which is defined uling difficulties because of the vari- to industry and local communities hours is 12 although some students as learning that motivates students ous school calendars and schedules. to develop a highly qualified work- leave with as many as 30 or as few by showing them a connection be- He said another issue is obtaining force. Representative Higdon said as three to six. Representative Miller tween knowledge and its applica- academic credit for technical classes he was surprised about the cuts in asked how many students are bused tion in one’s daily life in order to because of the highly qualified edu- the technical education budget dur- in from public, private, and paro- keep them mentally and physically cator requirement in No Child Left ing the 2009 Special Session because chial schools to get to the centers to engaged in the subject being taught. Behind (NCLB). He said some of the education, human services, and pub- which Mr. Marks responded that the He said KY Tech uses 17 standards programs offered cover enough aca- lic protection were supposed to be majority of students are bused to the of assessment which were the foun- demic content that they could count protected from the budget cuts. He 54 systems. Representative Miller dation for its SACS accreditation. as a fourth math or science credit said he wanted to publicly thank asked if the health programs offered Three of the most important compo- and a few counties have allowed the Secretary Mountjoy, Mike Hayden by KY Tech conflict with those of-

28 2009 Interim LEGISLATIVE RECORD fered in high school. Mr. Marks said very beneficial for students to decide tives, and active community involve- He said he agrees with the concept KY Tech’s health programs include on a career path as early as possible ment. Senator Givens said often that each student should know the pre-nursing, certified nurse’s aide, to provide them adequate education times increased funding does not re- relevance of being asked to learn any licensed practical nurse, medica- to ensure their success. solve problems if good staff and good subject. He said that increasing the tion aide, and pharmacy technicians, Representative Carney said working relationships do not exist. mandatory school attendance age which are not offered in high school. many site-based councils may not be He said he is aware that one of the will not be effective until more pro- Representative Miller said students aware that some of the math and sci- centers in his area was sharing phys- grams such as those offered by KY and industry benefit from techni- ence courses taught at KY Tech can ical resources with local industry Tech can be fully funded to help edu- cal training and he encouraged Mr. count toward graduation require- to train students after regular work cate students. Marks to continue working on indus- ments and that information needs to shifts end and asked if that is being Representative Graham de- try partnerships. be made available to them. He said pursued across the state. Mr. Marks scribed a conflict that exists in his Representative Belcher said she in his school district students must said previously KY Tech served both district which results in the inde- also supports technical education be at least a junior before they can high school students and adults but pendent school district not being and believes it can significantly re- take vocational classes, which may that KCTCS now provides training for allowed to provide technical educa- duce dropout rates. She asked why not be the most efficient way to adults, although in some communi- tion to its students and he asked if Jefferson County is not involved with serve the needs of all students. Mr. ties training is provided by KY Tech in similar situations are occurring in KY Tech. Mr. Marks said that Jeffer- Marks said that the Campbell County industry settings because there are other parts of the state. He asked son and Fayette Counties have their Area Technology Center may be able no KCTCS facilities in close proxim- if assistance could be provided to own programs, with KDE providing to provide recommendations on how ity. He said KY Tech still works with help alleviate such a situation. Mr. oversight. Representative Belcher to obtain credit for certain classes. Bluegrass State Skills but does not Marks said Franklin County’s techni- asked why some counties have as Representative Carney said that KDE become involved with other entities cal school is not part of the KY Tech many as eleven programs and other should inform all districts about the providing technical training. system but he would be glad to sup- counties have only four or five. Mr. possibility of obtaining credits for Representative Rader asked port KDE in any way possible to help Marks said the programs offered in the vocational classes. what role KY Tech has in the Eastern resolve the issue. He said Franklin each center are determined by size of Representative Stone said there Kentucky Concentrated Employment County’s technical school is very the facilities, enrollment, school dis- are two locally owned and operated Program (EKCEP), a federally funded good and would benefit all students trict support, and industry involve- career and technical schools in his program that provides training in who attend it. ment. Representative Belcher said district that work with the school nursing or other occupations for dis- Mr. Marks asked Ms. Bettie Tip- her legislative district is interested in system on scheduling students for located workers. Mr. Marks respond- ton, Manager of Federal Programs in an industrial maintenance program. classes. He said Allen County, which ed that KY Tech is not involved with the Office of Career and Technical She noted that the buildings hous- is in his district, received a $250,000 the program, but he would be willing Education, to discuss the Carl D. Per- ing vocational programs are outdated grant from local industry to establish to contact them to see if a partner- kins Act Federal Grant. Information compared to public school facilities. a maintenance program in its school. ship could be developed and would was provided to members regarding Mr. Marks said that KY Tech does Representative Stone asked what ob- keep Representative Rader informed the Perkins Act. have some new and renovated facili- stacles or challenges would prevent of any discussions. Ms. Tipton said a career and ties. He said the buildings belong to site-based councils or local school Representative Stevens said that technical education program is de- the counties and some counties have boards from accepting the courses he has always supported technical fined as an organized educational used bonds to improve the facilities, as credit. Mr. Marks said he believes education but could recall the dif- activity that includes a sequence but in return they expect KY Tech to many of the site-based councils are ficulties in transporting students to of courses that build upon previ- replace equipment, such as welders, concerned that they would be unable the facilities, that the classes were ous courses, includes challenging and KY Tech currently does not have to meet the highly qualified educator only offered to juniors and seniors, academics, and relates to technical the resources to replace equipment. requirements in NCLB, so therefore it and that a stigma was always at- knowledge and skills that are rel- Representative Nelson asked is a lack of communication and un- tached to any student wanting to evant to what is occurring in busi- if Jefferson County chose not to be derstanding of the issue. pursue a career in technical fields, al- ness and industry. When students in the KY Tech system to which Mr. Representative Webb-Edgington though many of those same students are finished with the coursework, Marks replied that they have always asked if any staff from technical edu- became highly paid skilled workers. they should have obtained some operated their own program. Rep- cation is participating in the Senate Mr. Marks said some of those issues type of industry credential in cur- resentative Nelson said when Bell Bill 1 curriculum workgroups. Mr. and stigma still remain. He said that rent and emerging occupations. The County began its technical program Marks said that no one from Ky Tech a program will be aired on Kentucky definition does not include remedial in the 1960s, it offered programs or his office has been assigned to the Educational Television (KET) promot- education. The courses must include in electricity, plumbing, and other workgroups although KDE’s techni- ing the importance of career and competency based learning, such as “dirty hands” occupations but has cal education staff is participating. technical education in Kentucky for teaching students how to reason and since changed to programs in tech- Representative Webb-Edgington said students who do not plan to attend solve problems, and specific techni- nology and health services, although that since there are three entities in- college. cal skills and entrepreneurship. Ms. plumbing, electrical, and related pro- volved, she could see the challenges Senator McGaha asked about Tipton said Perkins funding is to fessions still need skilled workers. He in coordinating technical educa- trends related to demand for classes, supplement non-federal funds to im- asked Mr. Marks if he could provide a tion and representatives from each to which Mr. Marks replied that there prove career and technical education recommendation on how to encour- should be participating in Senate Bill is a tremendous demand for more programs and prepare students for age students to select a vocational 1 workgroups. She said that stream- classes. He said even though some employment or continuing educa- track or career path in their freshman lining the bureaucracy may help re- centers are not at capacity because tion with a focus on high skill, high year of high school. He said plumb- solve some of the issues. She said they are required to accommodate a wage, or high demand occupations ers and electrician are good paying there is a great need in the Northern percentage of students for each school or professions. Training is to be for occupations but many students do Kentucky area for trained health ser- they serve, most centers cannot ac- current and emerging occupations, not have any desire to pursue those vice workers and interested students commodate the number of students uses technology as a teaching tool, occupations. He also asked if any- are being turned away in the Boone wanting to enroll. Senator McGaha and consists of integrated academics thing can be done to resolve the County technical system because of asked how much funding is needed with technical content that is em- scheduling conflict between school insufficient funding. to meet the increasing demand. Mr. bedded so students know why they districts and KY Tech schools. Mr. Senator Givens asked Mr. Marks Marks said almost all of the centers are learning the information. She Marks said scheduling is difficult be- if he would describe what makes a need to be remodeled and 10 or 15 said the funds are also to be used to cause districts have various schools program stellar in difficult financial more facilities are needed in order evaluate the effectiveness of the pro- calendars and KY Tech staff continu- times. Mr. Marks said a good pro- to add another hundred programs. grams and to initiate improvement ously work with school personnel to gram results from good teachers, a Senator McGaha recommended that where needed. resolve scheduling issues. Represen- good relationship between the ad- legislators review the impressive as- Ms. Tipton said eligible recipi- tative Nelson said that it would be ministrator and industry representa- sessment program used by KY Tech. ents are local school districts, KY

THE KENTUCKY GENERAL ASSEMBLY 29 Tech schools, community and tech- and it still has not completely satis- Members: Senator Vernie Mc- Representative Edmonds said he nical colleges, and universities that fied the match requirement for the Gaha, Co-Chair; Representative Ted was recently informed by the presi- have associate degree career and current fiscal year. She said the law Edmonds, Co-Chair; Senators Da- dent of Centre College that 85% of technical education programs. She does allow a one year waiver which vid Givens, Jack Westwood, and the total student body will study said the law mandates how Perkins must be requested through the US Ken Winters; Representatives Linda abroad at some point during the funding is to be allocated. In local Department of Education. Represen- Belcher, John “Bam” Carney, Hubert college career, which emphasizes school districts, 30% of the funding tative Collins asked if Perkins funding Collins, Derrick Graham, Jeff Greer, the importance of learning a foreign is based on the number of students is provided to the Carl D. Perkins Vo- Marie Rader, Kent Stevens, Wilson language, and he congratulated the ages 5-17 and 70% of the alloca- cational Center in Johnson County. Stone, and Alecia Webb-Edgington. Frankfort students on their achieve- tion is based on students ages 5-17 Ms. Tipton replied that the center Guests: Wayne Young, Ken- ments. whose families are at or below pov- receives funding from the Vocational tucky Association of School Admin- Ms. Waddle said that Frankfort erty level. A proportionate amount Rehabilitation Act, which is separate istrators High is also trying to start an Ital- of the federal dollars follows stu- from Perkins funding. Representative LRC Staff: Janet Stevens, Sandy ian program with the assistance of dents to the area technology centers. Collins said he is aware that the cen- Deaton, and Janet Oliver. Kentucky State University. She said Postsecondary education funding is ter may lose federal funds because Senator McGaha asked for a mo- students need to experience sev- based on the number of Pell Grant of insufficient matching funds which tion to approve the minutes of the eral languages to help them become students enrolled in career and tech- will have a negative impact on the October 12, 2009, meeting of the global citizens. She said students nical education and is distributed area. Representative Collins said if committee. Upon motion by Rep- need to be introduced to foreign lan- accordingly throughout the colleges local school boards do not include resentative Collins, seconded by guages as early as possible and that and universities. She explained that technical facilities in their planning Representative Belcher, the minutes the Frankfort school system offers the funding split for secondary and programs, the buildings will never were approved by voice vote. an enrichment program for 7th and postsecondary education is left to be purchased or constructed for that Senator McGaha asked Rep- 8th grade students. Senator McGaha state discretion with 53% provided purpose. He said KY Tech is providing resentative Graham to introduce asked what languages are offered to to secondary and 47% to postsec- an important component of educa- his special guests. Representative 7th grade students. Ms. Waddle said ondary in Kentucky, simply because tion and that it is imperative to pro- Graham said the students in the French and a combination French there are more secondary students vide matching funds when required audience were from Frankfort High and Spanish exploratory enrichment enrolled in career and technical edu- so as not to lose federal dollars for School, where he teaches, and that program. The possibility of offering cation than in postsecondary. The any program. their teacher, Ms. Jocelyne Waddle, Arabic and Chinese enrichment pro- basic grant funding has been decreas- Representative Belcher said she teaches advanced placement (AP) grams is also being explored. Sena- ing since FY 2003 when Kentucky re- is aware that many of the KY Tech classes in French, English, and Span- tor McGaha thanked Ms. Waddle and ceived $19,740,000 to FY 2009 basic programs want to expand and offer ish at Frankfort High School. He said her students for sharing their foreign grant funding of $17,905,000. The more programs and she asked how that each student has participated in language studies with the commit- funding is then allocated with 85% the determination is made on which state and national competitions in tee. of the funds going directly to schools; center may offer more programs. Mr. French and Spanish and that Frank- Senator McGaha said that Ad- 10% for statewide leadership activi- Marks said it is based on several fac- fort High School was the only Ken- vanceKY is a statewide math and ties to keep curriculum current and tors including facility space, equip- tucky school to reach proficiency in science partnership with a goal of to provide professional development ment needed to expand or offer a reading, writing, understanding, and increasing student access to aca- to increase teacher effectiveness; and new program, and surveys to gauge speaking a foreign language. With demically challenging courses. He then 5% for statewide administra- community, industry, and student the permission of the chair, Repre- said the 2009 national advanced tion of Perkins funds by the Office support. sentative Graham asked Ms. Waddle placement (AP) test results confirm of Career and Technical Education, Representative Miller said that to make brief comments about the that students involved in AdvanceKY which is the designated agency to many freshmen in high school are students and her classes. saw an increase in achievement on implement, administer and monitor not ready to select a career or aca- Ms. Waddle said that during the demanding tests. He asked Ms. the requirements of the Act. There is demic path and career and technical the last school year she obtained a Joanne Lang, Executive Director of a minimum funding level of $15,000 programs are beneficial in helping grant from the Kentucky World Lan- AdvanceKY, to make her presenta- for secondary schools. If the alloca- students decide about the future. guage Association so she could use tion. tion falls below that amount in a dis- Senator McGaha thanked Mr. the European model LinguaFolio for Ms. Lang introduced three AP trict that is rural and sparsely popu- Marks and his staff for the presenta- instruction. She said the results teachers assisting with the presenta- lated, a waiver can be requested, but tion and excellent materials provided were impressive with Frankfort being tion. They were: Melody Stacy, AP if the school district is in an urban to the committee. He said the next the only school in the state to reach mathematics teacher, Scott County area, then the local school has to meeting of the subcommittee would the level of proficiency or above in High School; Coury Osbourne, AP join a consortium to merge funding be on Monday, November 9, in Frank- reading, writing, understanding, and English teacher, Marion County to provide activities. The minimum fort. There being no further business speaking a foreign language. She said High School; and Fred Cox, AP phys- funding level for postsecondary insti- to discuss, the meeting adjourned at some of her students participated at ics teacher, Anderson County High tutions is $50,000 but no waiver is 11:55 AM. the Foreign Language Festival at Tran- School. available if the institution falls below sylvania University and won district Ms. Lang said AdvanceKY fo- that funding level. and one student participated at the cuses on math, science, English, and Representative Collins asked if INTERIM JOINT COMMITTEE state level at the University of Ken- foreign language AP classes, and matching state funds are required. ON EDUCATION tucky and won state. Ms. Waddle that national examinations exist in Ms. Tipton said there are two types Subcommittee on Elementary and said several students also scored in all of the subject areas. She intro- of matching funds required. One is Secondary Education the top 20 nationwide on the na- duced the following AdvanceKY staff a dollar for dollar match on the state Minutes of the 5th Meeting tional examination administered by in the audience: Linda Griffin, Di- administration funding that is deter- of the 2009 Interim the American Association of Teach- rector of Educational Programs, and mined by the amount spent in the November 9, 2009 ers of French. She said Frankfort High Tina Rose, English Content Director. prior year and then a dollar for dollar The fifth meeting of the Sub- is also experimenting with incorpo- She also recognized Christine Powell match for maintenance of effort de- committee on Elementary and Sec- rating various technologies in the and Amy Patterson from the Ken- termined by previous year expendi- ondary Education of the Interim Joint classroom, and she asked one of the tucky Department of Education and tures. Representative Collins asked Committee on Education was held students to explain the Ning technol- explained that KDE is a partner and if Kentucky is in danger of losing any on Monday, November 9, 2009, at ogy. Ms. Stephanie Jones said she is provides matching funds through of the federal funds if it does not pro- 10:00 AM, in Room 129 of the Capi- a junior at Frankfort High and is cur- federal grants for AP math and sci- vide the required state match. Ms. tol Annex. Senator Vernie McGaha, rently in French III and explained that ence incentive programming. Tipton said Kentucky has had diffi- Chair, called the meeting to order, Ning is a Web-based social network, Ms. Lang said that the open culty in providing the matching funds and the secretary called the roll. much like Facebook, except it is com- enrollment segment of the National required for maintenance of effort Present were: pletely in the French language. Math and Science Initiative (NMSI)

30 2009 Interim LEGISLATIVE RECORD model is based on removing barri- course selection, grades on college schools from the six states are par- years. She discussed the support ers for students who have complet- AP courses, and students availing ticipating, which accounted for more that AdvanceKY staff provides AP ed a reasonable and rational series themselves of AP courses have a than 4% of the increase in the na- teachers, relating that one of the of courses prior to taking AP math, competitive edge in admissions and tion’s MSE passing scores, although staff actually taught classes for a first science and/or English classes. She do well once in college. She said those schools represent less than 1% year Marion County AP teacher who said the model is also predicated on even though the Kentucky Educa- of the nation’s enrollment. was frequently absent because of a investment in teacher training and tional Excellence Scholarship (KEES) Ms. Lang said one area of con- family emergency and 12 of the stu- mentoring; vertical teaming with funding is based on GPA, rigorous cern in Kentucky was the lack of in- dents in the class passed the AP ex- middle and high school teachers; course selection should also play an crease in AP physics exams, which amination. She said teacher training more teacher time on tasks includ- important role. can be attributed in part to the low for experienced AP teachers can be ing 18 additional hours of instruc- Ms. Lang said that 12 schools, number of physics teachers in the obtained through the summer train- tion for each AP course offered; pay- identified as Cohort 1, participated state. She said very few schools ing program or an equivalent activity, ment of half of the $86 examination in AdvanceKY during its first year offer pre-AP courses in physics and so she received her required training fee for each course for each student; and 16 additional schools, identified growth is needed in all science sub- by serving as an AP reader and scorer equipment and supplies for the AP as Cohort 2, began participating dur- jects throughout Kentucky. for AP English examination essays. courses; and bonuses and incentives ing the current school year. She said Ms. Lang said that NMSI’s award At the upcoming two day training, for teacher performance on AP math, schools in the program are geograph- to Kentucky was $13.2 million over a she will share what she learned as an science, and English examinations. ically located throughout the state six-year period and a state match is AP reader with all the AP teachers in Ms. Lang said the national re- although they are in clusters because required. She said AdvanceKY is held the cohort schools. port, “Rising Above the Gathering of the limited number of staff Ad- accountable for implementing the Ms. Lang asked the teachers Storm,” brought attention to the lack vanceKY has to oversee the various entire set of elements in the NMSI to discuss the program’s impact on of US competitiveness in the world programs. She said Kentucky was model and its partners include the 28 their students, especially given the economy and the pressing need to one of only six states out of twenty- participating schools; the Kentucky diverse backgrounds of the students. close the equity gap, especially in eight selected by NMSI to participate Science and Technology Corporation, Mr. Cox said that paying half the cost science, technology, engineering, and in the program. She said having leg- where AdvanceKY is headquartered; of the examination fee is extremely mathematics (STEM) fields. She said islators, including Senator Winters, the Kentucky Department of Educa- helpful, especially for students taking the report highlighted the National KDE staff and representatives from tion; the Appalachian Regional Com- more than one AP course. He said Math and Science Initiative (NMSI), the Governor’s Office onsite when mission; the Kentucky Council on the weekend preparation sessions for funded by Exxon Mobile and the NMSI representatives visited Ken- Postsecondary Education; the Ken- students totaling 18 hours equates Gates and Dell Foundations, whose tucky was instrumental in showing tucky Higher Education Assistance to about two weeks of extra school sole mission is to replicate and scale Kentucky’s commitment to improv- Authority; and the Partnership for time and has proven to be extremely up proven and successful STEM pro- ing the education of its citizenry. Successful Schools. beneficial in preparing them for the grams. The other program high- Ms. Lang said that in 2007, Melody Stacy, who teaches national standardized examination. lighted in the report was the UTeach which is used as the baseline year in AP statistics at Scott County High Ms. Stacy said that the weekend ses- program which is now being offered Kentucky, students in the 12 schools School, said the teacher support sions help build student confidence at Western Kentucky University that initially selected to participate in components of the NMSI model in- and are conducted in a relaxed at- provides support to students pursu- AdvanceKY passed 320 combined cludes networking with AP teachers mosphere with food and door prizes. ing math and science majors to en- math, science, and/or English (MSE) in other schools which is instrumen- Ms. Osbourne said that weekend able them to graduate with teaching AP examinations. During the 2008- tal because of the rigorous content of preparation sessions could still be credentials in those disciplines. 2009 school year, when all of the the courses and the extensive prepa- held without the grant funding but Ms. Lang said Kentucky became components of the NMSI model were ration needed just to be able to teach the grant funding allows other AP extremely interested in the NMSI in place, students in the same 12 the class. The model also focuses teachers to come in and provide in- model based on twelve years of suc- schools successfully passed 778 AP on content and technique training struction important to student suc- cessful data from ten schools in the exams in MSE, representing a 79% through the weeklong summer insti- cess, giving as an example that mock Dallas Independent School District, increase from the previous year, and tute and a two-day focused content exams are sometimes given and sent especially the data related to minor- 14 times the national rate of growth. specific training. Ms. Stacy said the to AP readers for feedback. She said ity students and students from low The overall results showed that component regarding student re- the $100 reward for passing the AP income families. She explained infor- 32% of Kentucky’s new MSE pass- cruitment and counseling involves exams is also an incentive for stu- mation contained on the PowerPoint ing scores were from the 12 schools teamwork with the school adminis- dents in addition to receiving college slides regarding Dallas schools which participating in AdvanceKY, although trators and counselors participating credit, especially for minority and showed sustained growth in the num- it represented only 7% of Kentucky’s in the process. free and reduced lunch students and ber of students taking AP classes and high school population. Data also Fred Cox said he teaches AP students whose parents did not at- the number of students successfully showed that in the Cohort 1 group physics at Anderson County High tend college. passing AP examinations. Ms. Lang there was a 148% increase in scores School and the support he is re- Ms. Lang asked the teachers to said the College Board conducted a for low income students representing ceiving is greater than expected and discuss the open enrollment process. study called The International Math- 50% of all new MSE passing scores pleasantly surprising. He said a stu- Ms. Osbourne said that before imple- ematics and Science Study (TIMSS) of earned in the entire state of Kentucky dent entering AP classes undertakes menting the NMSI model, AP teach- students taking AP courses in math- for that population. Females had a a giant step up in difficulty and the ers often became frustrated with ematics and physics and found that 112% increase, accounting for 52% transition is not easy so the support students who would not do the re- students who took AP calculus and of the state’s new math and science and preparation for the AP teachers quired classwork and tried to impose AP physics leap-frogged above stu- passing scores, and minorities had a is very important to student success. more restrictions such as requiring dents in other countries. She said 225% increase accounting for 15% of He said he recently participated in a students to have an A grade on the that the study showed that students the state’s new MSE passing scores. train-the-trainer class in Texas called previous English class. She said the who did not pass the AP exams still Ms. Lang said since minority num- “Laying the Foundation” that will NMSI model allows any student to greatly benefited from the rigorous bers were not as significant as other assist pre-AP teachers in providing take the class, so teachers are being course work. groups, that population was targeted classroom, laboratory, and curricula retrained to look for the potential in Ms. Lang said one issue that al- in the Cohort 2 school group result- activities that can be incorporated each student and to devoting addi- ways surfaces is the possibility that ing in a doubling of minority enroll- into the classroom. Mr. Cox also said tional time to assist those falling be- AP courses may lower a student’s ment for the current school year. students planning to take AP courses hind. She said when she first started overall grade point average (GPA), Ms. Lang said it was her under- need pre-AP exposure to help ensure teaching AP Literature she had 12 but a survey conducted by the Na- standing that Kentucky is the only their success. students but now has more than tional Association of College Admis- state that saw more than a 50% in- Coury Osbourne said she has 60 students and about 80 students sion Counselors showed that 80% crease in passing scores for the three taught AP English literature in Mar- are taking AP Language. Ms. Stacy of admission boards reported that MSE subject areas. She said that 67 ion County High School for eight said that having a team, including

THE KENTUCKY GENERAL ASSEMBLY 31 the teachers, counselors, and admin- to pursue a program of studies that be resolved. Representative Webb- provide additional incentives for stu- istrators, focused on the same goal could lead to success in AP classes. Edgington asked for additional infor- dents to enroll and take the exami- of recruiting and encouraging many Representative Stone said he mation on the incentive piece. Ms. nations upon completion. Senator more students to become involved looks forward to the time when an Lang said a student receives $100 Winters said the legislature cannot in AP classes creates a synergy and AP curriculum can be considered the for each passing score on an AP ex- allow an examination fee to become excitement which filters down to the norm for high schools, especially to amination and the AP teacher also a barrier for Kentucky’s brightest students. Mr. Cox said that even keep seniors actively engaged in stud- receives $100 for each passing score students who can earn a stipend and though open enrollment requires ies and ensuring college readiness. received by any student in the class. college credit to ensure their future more time and effort because all bar- He said it is also important that as She said there is also an incentive success. Ms. Lang said another im- riers have been removed, the teacher AP enrollment is offered to more stu- bonus for teachers who increase the portant piece to ensure the success incentives and recognition and an dents that AP not be changed but that number of students receiving a pass- of the program is sufficient profes- increased number of students being AP changes the student. He asked ing score from one year to the next. sional development funding. She successful makes all of the efforts a if the SEEK formula includes specific Ms. Lang said the incentives and bo- said AdvanceKY pays the registration pleasant endeavor. funding for AP courses which would nuses are part of the business related fees and the cohort schools have Representative Graham said help expand the programs. Christine component of the NMSI model to re- been paying travel for their teach- he was very pleased that the open Powell, KDE Director of the Division ward teachers and students for the ers to attend training although it is enrollment process provides an op- of Secondary and Virtual Learning, extra time and preparation required becoming increasingly difficult for portunity for all students, especially said there is no additional funding for AP class success. schools to make that commitment to minority and free and reduced lunch provided in the SEEK formula for AP Senator Givens asked Ms. Lang their teachers. students. He asked how the 28 dis- classes or for AP professional devel- if the AdvanceKY initiative will help Representative Belcher asked if tricts were chosen and when more opment. She said KDE is seeking ad- Kentucky compete for the Race to the teachers recruited to participate schools will be added to the pro- ditional grant funding to significantly the Top funding. Ms. Lang said that in the program are already employed gram. Ms. Lang said specific schools increase the number of AP programs the criteria for the Race to the Top by the school systems. Ms. Lang said had to be identified in the grant ap- offered throughout the state. Rep- funding and the NMSI model is very AdvanceKY does not make the selec- plication and that KDE did a massive resentative Stone asked if the KEES similar in that STEM disciplines are tion but provides schools with the data analysis to identify 41 schools criteria included money related to AP targeted, courses are rigorous, and information necessary to implement meeting certain criteria to participate course success. Ms. Lang said the the results are data driven, so Ad- the NMSI model and encourages ad- in the project. She said both cohort students eligible for free and reduced vanceKY as well as other STEM pro- ministrators to select teachers who groups were selected from the 41 lunches earned extra KEES money in grams in Kentucky give the state a are willing to make a commitment to schools and that the geographical lo- 2009. If they scored a 3 on an AP competitive edge. She said the US ensure the success of the program, cation of the schools was also taken examination, they received $200; if Department of Education’s AP Incen- with accountability being reflected in into consideration in order for the they scored a 4, they received $250; tive Program was a mirror image of the number of passing scores on the limited staff employed by AdvanceKY and if they scored 5, they received the NMSI model and that Kentucky MSE examinations. Ms. Osbourne to physically manage the program. $300. was one of two of the six NMSI states said the model establishes goals for Ms. Lang said identifying the Cohort Representative Webb-Edging- to receive the grant. new teachers and the networking 3 group of schools is currently under- ton asked how AdvanceKY plans to Senator Winters asked why and training is essential in ensuring way and factors considered include increase minority participation in the the particular teachers at the meet- program success. the number of free and reduced lunch urban areas, specifically Northern ing were selected to address the Senator McGaha asked the students, school experience with AP Kentucky, Louisville, and Lexington. committee. Ms. Lang said all three teachers how many classes they classes, availability of teachers and She also asked if the open enrollment teachers were from schools that had teach and how many students are in their qualifications, AP courses al- process has any negative impact on experienced below average success the classes. Mr. Cox said the two AP ready offered, information on feeder the more advanced students because with AP classes, but after one year classes he currently teaches have a middle schools, and other data. She of the additional time needed to work of applying the NMSI model, all three combined 36 students, which is an said there is so much interest in the with students who may be struggling were able to achieve results above increase from 16 students two years program that expanding the program in the class. Ms. Stacy said, even state and national averages. Sena- ago. He said that previously 80% of statewide is being envisioned. with open enrollment, the AP class tor Winters said the excitement and his students would pass the exami- Representative Graham asked if rigor remains the same and requires emotion displayed by the teach- nation but now it is about 50% of teacher training for AP courses, such extra help for struggling students ers is needed throughout the state the students enrolled although over- as the weeklong conference, can be outside of regular classroom hours. so Kentucky will be recognized as all more students are passing. Ms. used to meet the required 24 hours Ms. Osbourne said it is also impor- a pacesetter throughout the nation Osbourne said that she teaches two of teacher professional development. tant that students be informed that and that the results prove that Ken- AP literature classes with a total of Ms. Stacy responded that some PD their grade may not be as high in an tucky’s students are very capable of 55 students. She said there are three training is mandated by the school AP class which may affect their grade performing at a high level. He asked other AP English teachers in the and that some of the AdvanceKY point average and possibly affect their if all students who have completed school with one having 18 students training can count toward optional KEES funding, but taking AP classes an AP class have to take the exami- and the other two have between 80- PD hours. Representative Graham will better prepare them for college. nation. Ms. Stacy replied that tak- 100 students. Ms. Stacy said she asked if the teachers are compen- Mr. Cox said AP classes also require ing the examination is mandatory teaches one AP statistics class with sated for the additional training that a commitment on the part of the in some school systems but not in 26 students and there are two AP exceeds the 24 hour professional de- students as the rigor of the content Scott County. She said Scott County calculus teachers with 63 total stu- velopment requirement. Ms. Lang cannot be diminished. Ms. Lang said has a parent’s night where parents dents. said AdvanceKY provides up to a approximately 200 very committed are informed about class activity and Senator McGaha said he was $500 stipend for teachers to attend teachers are currently participating provided information regarding the very impressed with the enthusiasm the four day summer institute; that in the AdvanceKY program. She said examinations and associated costs. and excitement of all the presenters teachers are also required to attend that two Northern Kentucky schools Ms. Lang said 90%-95% of Kentucky and that it is important that the leg- the two day professional training were included in the Cohort 2 group students enrolled in AP classes take islature assist where possible to ex- seminar; and teachers receive a small and expansion in that area is antici- the examinations. pand the AdvanceKY program. stipend for vertical team meetings on pated and Bryan Station High School Senator Winters said that leg- Senator McGaha announced that curricula and specific skills. in Lexington is also in the Cohort 2 islation will be proposed in the up- this is the last meeting of the sub- Ms. Lang said that open enroll- group and was the training site for coming session to expand Kentucky’s committee for the 2009 Interim and ment is not a reckless dumping of 250 pre-AP teachers in the “Laying participation in the program and will thanked all of the committee mem- students into AP classes. She said the Foundation” seminar. She said include funding for all examination bers for their active participation at that even though a student is not re- Jefferson County schools are unable costs for students enrolled in AP the meetings. There being no further quired to make application to attend to participate until issues relating to classes. Ms. Lang said payment of business to discuss, the meeting ad- an AP class, students are encouraged incentives offered by the program can the complete examination fee will journed at 11:50 AM.

32 2009 Interim LEGISLATIVE RECORD required to be enrolled in secondary courses. Mr. Stagnolia responded schedule and provides expectations. school; do not have a high school di- that there were about 5,200 prison- He said some states even have stu- INTERIM JOINT COMMITTEE ploma or its recognized equivalent; ers enrolled in an adult education dent contracts in place. Representa- ON EDUCATION have not achieved an equivalent level program. He said 40 percent of those tive Rollins asked if students are still Subcommittee on Postsecondary of education; have a lack of mastery students will leave prison without a allowed flexibility in scheduling time Education of basic educational skills; and are GED. This can be attributed to the in the adult education learning cen- Minutes of the 5th Meeting unable to speak, read or write the fact that many prisoners are trans- ters. Mr. Stagnolia said there is still of the 2009 Interim November 9, 2009 English language. He noted the total ferred and their education can be flexibility when the student can start The fifth meeting of the Sub- population of 18 year old adults and disrupted numerous times through- the program, but specific times will committee on Postsecondary Educa- older in Kentucky is 3,047,928 and out their incarceration. He said the be set for their instructional hours. tion of the Interim Joint Committee the number of those people without Governor’s Re-entry Task Force will Representative Meeks asked on Education was held on Monday, a high school diploma or high school/ develop recommendations to help how many ESL programs are project- November 9, 2009, at 10:00 AM, GED credential is 785,641, or 25 per- former inmates re-enter their com- ed to be needed in Jefferson County. in Room 131 of the Capitol Annex. cent of the working population. He munities and reduce the likelihood Mr. Stagnolia said he would provide Senator Alice Forgy Kerr, Co-Chair, said Kentucky ranks 12th in the na- that they will reoffend. Representative Meeks with the infor- called the meeting to order, and the tion in the percentage of adults earn- Representative Richards dis- mation. Representative Meeks asked secretary called the roll. ing a GED and producing 9,382 GED cussed the importance of technology how many students are enrolled in Present were: graduates in fiscal year 2009. He in the future of adult education. Mr. I-BEST and what the capacity of the Members: Senator Alice Forgy noted 1,919 of the fiscal year 2006 Stagnolia said technology is an im- program is. Mr. Stagnolia said the Kerr, Co-Chair; Senators R.J. Palmer GED graduates had enrolled in a Ken- portant component, but most adult I-BEST is being piloted in Jefferson II and Elizabeth Tori; Representatives tucky college or university by aca- education students need high tech/ County with Julie Scosky, Program Jim DeCesare, C. B. Embry Jr., Bill demic year 2007-2008. Of those, 87 high touch opportunities. He said Director, Jefferson County Schools, Farmer, Jim Glenn, Reginald Meeks, percent enrolled in a Kentucky Com- on-line learning is fine for these stu- and Dr. Tony Newberry, President, Jody Richards, Tom Riner, Carl Rol- munity and Technical College School dents, but most need the support Jefferson Community and Technical lins II, and Addia Wuchner. (KCTCS), 10 percent in a public four- of working on computers within an College. He said the program focuses Guests: Robert King, Reecie year institution, and 3 percent in an adult learning center with support on the coupling of basic academic Stagnolia, Melissa Bell, Council on independent institution. provided. He noted that KYAE is skills with occupational skills. He Postsecondary Education; Dan Con- Mr. Stagnolia discussed the un- partnering with the Kentucky Virtual will get more detailed information nell, Morehead State University. employment rate and education cor- Campus on such initiatives. to Representative Meeks for the LRC Staff: Ken Warlick, Audrey relation. He said that 15.6 percent of Representative DeCesare asked time duration and particular content Carr, and Lisa Moore. the unemployed in Kentucky have no how many ESL students are enrolled and program areas specifically being Senator Kerr introduced Mr. high school diploma or its equiva- in adult education programs. Mr. St- worked on. Robert King, President, Mr. Reecie lent, compared to 9.7 percent that agnolia said there are about 4,000 Senator Tori asked what efforts Stagnolia, Vice President for Adult only have a high school diploma. students in ESL across the state, are being made in the poverty stricken Education, Council on Postsecondary He also noted that 50 to 80 percent which is about ten percent of the areas to recruit students into KYAE. Education, to give the committee an of adult learners have some type of total enrollment. The biggest popu- Mr. Stagnolia said that many people update on the Kentucky Adult Edu- learning disability. The KYAE is work- lations of ESL enrollments are in the in these pockets of poverty are pri- cation (KYAE) program. After intro- ing with the Center for Mathemat- metro areas of Louisville, Lexington, marily unemployed, which means ductory remarks by President King, ics and the Academy at Morehead and Bowling Green. Representative they have the time and are available Mr. Stagnolia explained the Power on specific training programs. He DeCesare asked how many different to receive adult education services. Point presentation to the members. also mentioned several workforce languages are spoken by students in Senator Tori asked how KYAE can get Mr. Stagnolia said there are over $22 readiness initiatives including the the program. Mr. Stagnolia said the the people in the system. Mr. Stag- million in state funds and $8 million Integrated Basic Education and Skills students represent diverse countries. nolia said adult education has always in federal funds, for a total of $31 Training program (I-BEST). He said Representative DeCesare asked how had the challenge in such communi- million in adult education funding. KYAE’s core business is to raise the Kentucky finds the teachers to teach ties to develop an understanding of Mr. Stagnolia discussed the educational levels of eligible adults the students in their diverse languag- the value and importance of adult Adult Education Act of 2000 which by providing academic instruction es. Mr. Stagnolia said KYAE teaches education services. He said nation- stated that “adult illiteracy is a fun- that leads to strong literacy skills and students in English. KYAE provides ally, the GED testing service has used damental barrier to every major GED attainment, which are gateways professional development to adult a campaign of “Do You Know Some- challenge facing Kentucky, including to postsecondary education and education teachers across the state one” referring to people recommend- early childhood education, education highly skilled employment. Mr. St- to help them with this issue. ing folks that could benefit from adult reform, economic development, and agnolia told members that there was Representative Rollins asked education services. He said jobs of improving the health and well-being specific county data located in their how KET’s GED on TV program works the future are not going to be avail- of Kentucky’s families and communi- meeting material handouts. with the KYAE. Ms. Julie Schmidt, Di- able to people who do not have some ties”. He said adult education servic- Representative Glenn stated rector of Community Relations, KET, type of postsecondary education. es in Kentucky include offering basic that the high school diploma is still said the numbers of students get- Senator Tori asked why the number literacy skills, GED® preparation, preferable to a student earning a ting GED’s through KET are reported of GED graduates is so erratic from English as a Second Language (ESL), GED. He asked if KYAE encourages through the adult education centers. year to year. Mr. Stagnolia said the family literacy, workforce education, students to stay in school. Mr. Stag- She also noted that many of KET’s non-compulsory attendance rates transition to postsecondary edu- nolia indicated that he firmly believes materials are located in adult educa- can factor into the numbers as well cation, and corrections education. that all Kentucky students should tion learning centers. as the skill levels of students who There are currently adult education stay in school. If they do drop out Representative Rollins asked Mr. enter the program from year to year. services offered in 13 state peniten- however, he wants to recruit them Stagnolia if there is a concern that He said 77 percent of adult education tiaries, more than 70 full-time jails, into an adult education program to adult education programs have be- students are below the ninth grade and a number of halfway houses. He help them overcome obstacles, so come too structured. Mr. Stagnolia level and 44 percent of the students said that high school dropouts are they can earn a high school diploma said adult education programs are are assessed below the sixth grade eight times more likely to become equivalency and move on with their moving towards a managed program level. He also said age can make a incarcerated and more likely to be life. Representative Glenn asked if model. This model is in contrast to difference in how fast students earn unemployed. Kentucky is increasing the number the perpetual study hall model where a GED. Mr. Stagnolia said most Ken- of GED’s awarded to adults 18 and the doors are opened and it is hoped Representative Wuchner said tucky adult education students are older. Mr. Stagnolia said we were. that people show up. He said the research shows that many students individuals who live and work in Representative Richards asked managed program model allows adult have three to five false starts and Kentucky. They are not enrolled or how many prisoners in Kentucky education programs to plan better that it takes time for students to were enrolled in adult education for students and gets students on a build confidence that they will be

THE KENTUCKY GENERAL ASSEMBLY 33 successful. She asked if the starting that Kentucky can create. He also Foundation for Education and has nancial Aid (FASFA). dates for students entering into adult said Kentucky is producing about two major purposes. It focuses on Dr. Connell said MOSU is ex- education programs is consistent 10,000 GED graduates per year and the incentives for getting students panding the number of evening, across the Commonwealth. She also if there were no more dropouts, it back into postsecondary education weekend, and accelerated classes asked how KYAE assists students would take 50 years to educate the such as giving them credit for prior and programs. He discussed rede- with learning disabilities that enter population between 16 and 44 years learning. This project will help to signing the three-credit hour classes into the program. Mr. Stagnolia said old that currently do not have a high support Kentucky public institutions into one-credit hour modules. He KYAE is in the first year of piloting school diploma. He hopes the leg- as they become more adult learner mentioned one program where stu- the managed program model in 35 islature can find more resources in friendly. dents can attend one full night per counties. He said KYAE will remain the future to address this area of the Dr. Bell said CPE created work- week and earn 12 credit hours in a sensitive to the fact that adults face population that is so crucial to Ken- groups consisting of legislators, pub- semester. MOSU is also expanding things in their life that cause them tucky’s future success. lic institutions, private institutions, the number of online classes and to stop out of the program for peri- Senator Kerr introduced Dr. Me- and the private sector. This group programs offered. ods of time. He said he wants flex- lissa Bell, Senior Associate, Council of interested stakeholders has de- Dr. Connell said MOSU is de- ibility to remain in adult education on Postsecondary Education, and Dr. veloped 14 recommendations. She veloping a prior learning assessment programs that allows students to Dan Connell, Assistant Vice Presi- said three general recommendations system, which includes portfolios. work on upgrading their skills at any dent, Adult Education and College included: developing a statewide col- He said adding portfolios will allow time in a learning center. He also said Access, Morehead State Univer- lege outreach strategy; developing adults to receive college credit based KYAE needs to continue their work sity, to give an update on the Ken- a comprehensive, user-friendly col- on their prior learning experiences. A with KET and distance learning prod- tucky Adult Learner Initiative. Dr. lege access Web site; and to fund clearinghouse will be established to ucts to give students other options Bell said CPE did a survey in 2007 at least one adult learner advocate oversee the credits for prior learning. for receiving services. Mr. Stagnolia of over 1,600 people who had at- at each public institution. The other Dr. Connell said MOSU wants to said many learning disabilities can tended college in Kentucky but had recommendations are in the areas of create a campus climate to increase be attributed to learning style differ- not graduated. Of those surveyed, granting credit for prior experiential staff and faculty understanding of ences in students. Some students are she said about 800 people indicated learning, providing flexible academic adult learners through workshops. auditory learners and others are vi- they are very or somewhat likely to programming, increasing financial He said MOSU will increase the sual learners. He said KYAE needs to consider returning to college in the aid, and creating institutional efforts availability and awareness of adult do a better job of finding out the way next three years. She said some of to become adult learner friendly. A student support services. The univer- students learn best and teach that the biggest concerns for returning to complete listing of each recommen- sity staff is developing ways to make way. He said adult education teach- college included: managing time be- dation is located in the meeting fold- online and regional campus students ers are not equipped to clinically di- tween family and classes; managing er in the Legislative Research Com- more aware of services. He also said agnose learning disabilities, but they time between work and classes; and mission library. the Department of Career Services on can give screenings to find learning financing college courses. She said Dr. Connell gave the commit- campus is developing activities that differences. He said professional de- some of biggest incentives to get tee an update on Morehead State will increase life and career planning velopment for adult education teach- people to return to college includ- University’s (MOSU) adult learner activities. ers will be targeted to providing them ed: people receiving credit for prior plan. He said MOSU is completing an Representative Wuchner asked with skills to help detect learning learning; programs being offered on organizational restructuring to make how many college credit hours are disabilities and finding strategies to a faster than normal schedule, or ac- the institution more adult learner given for prior life experience in the teach to all learning differences. celerated learning programs; and fi- friendly. He said MOSU offered the portfolio. She also asked if the col- Senator Kerr asked what learn- nancial aid being available. first master’s degree in adult educa- lege pays for credit hours awarded ing disabilities are the most com- Dr. Bell said nontraditional stu- tion in Kentucky. He also said Jill Mc- for the life credit experience, or do mon in adult education students. dents who are 25 and older make Bride, non-traditional and commuter the students pay a reduced rate for Mr. Stagnolia said it has recently up about 30 percent of total col- student coordinator, has been hired that college credit. Dr. Connell said discovered that many students are lege enrollments, which is below on campus as the adult education it varies by the institution on how sensitive to fluorescent lighting. He the national average of 40 percent. advocate in the new department of much credit a student can earn. He said wearing a visor and providing The percentage of bachelor’s degrees the Center for Adult Education and said there is a flat fee for taking the covered overlays over reading mate- earned by nontraditional students at College Access. He said the new cen- College Level Examination Program rial can help with this issue. Senator Kentucky public universities has de- ter on campus works in conjunction (CLEP) and the student does not have Kerr asked if KYAE helps students creased slightly since 2001. Kentucky with the other two adult learning to pay tuition if the test is passed. with study skills. Mr. Stagnolia said had about 32 percent of its nontra- centers in Rowan County to provide Senator Kerr asked about the study skills and employability skills ditional students graduate in 2008 support to adults for their educa- challenge exams in which profes- are 21st century skill sets that adult compared to 34 percent in 2001. tional efforts from literacy to bacca- sors write exams based on course education providers help students Dr. Bell said the adult learner laureate degrees and from GED’s and outcomes. Dr. Connell said the pro- with. Senator Kerr mentioned Mar- population is critical to the CPE meet- workplace transition to college. fessors will write an exam on the tha Wilkerson’s GED army and how ing its educational goals. The CPE Dr. Connell said MOSU is fo- learning outcomes for the class and successful the campaign was getting has three major efforts underway to cusing on providing more financial if students make a C or better, they new enrollments in adult education focus on this target population. The aid for adults to attend school and are awarded credit for the course. programs. She wondered if it may be first is KYAE, which includes academ- has added $10,000 in new scholar- Senator Kerr asked if the exam was time for another high profile recruit- ic skills instruction, GED preparation, ships for 2009-2010. He said the in- designed for a specific student. Dr. ing effort. and reading instruction. The second crease in scholarships is for full and Connell said the exam is designed Senator Kerr asked for a motion effort is called “Project Graduate” part-time adult learners. He also said specifically for the course and could to approve the minutes from October and will target 11,000 students who MOSU offers one free college class be the final exam. 12, 2009 meeting with a quorum be- have 90 or more credit hours in a to any student who obtains a GED Representative Embry asked ing present. Representative Richards postsecondary institution. The CPE through the two adult learning cen- how the statistics were accumulated made the motion to approve the min- is coordinating direct mail efforts ters. MOSU is setting up a virtual for the percentages of college gradu- utes, seconded by Representatives and media events to recruit these site to allow students to learn about ates and adult learners. He also asked Meeks. The motion was approved by adult students. She said incentives, the resources that the university of- if private colleges and public institu- voice vote. counseling, and marketing at campus fers in terms of financial aid, and also tions are working together on the President King noted how im- levels is underway to recruit these the support services that the insti- adult learner initiative. Dr. Bell said portant the adult education popula- students back into college to finish tution provides. He also said MOSU the data she used for the report was tion is to creating a strong workforce their degrees. The third effort is the has a Financial Aid Office and Educa- the non-traditional students as a per- for the future. He said preparing a Kentucky Adult Learner Initiative. tional Opportunity Center to assist centage of total enrollment from the highly skilled workforce is the single She said the project is funded com- students with the completion of the public universities. She will have to best economic development tool pletely with funds from the Lumina Federal Application for Student Fi- have to do some additional research

34 2009 Interim LEGISLATIVE RECORD to find the information of total adult L.D., Program Coordinator, Obesity on the First Steps Program. The pro- a proposed kidney disease task force learners enrolled in all types of uni- Prevention Program, Cabinet for gram is a statewide early interven- to study and address chronic kidney versities in Kentucky. She said the Health and Family Services; Baretta tion system that provides services to disease. Kidney disease strikes one national data came from the Nation- R. Casey, M.D., MPH, FAAFP, Direc- children from birth to age three who in nine Kentuckians. The loss of kid- al Center on Data Statistics and does tor, University of Kentucky Center have developmental disabilities and ney function is associated with heart include total enrollment. She said the for Excellence in Rural Health, Profes- their families. First Steps focuses on disease, stroke, circulatory problems, CPE is encouraging the private insti- sor, University of Kentucky College providing family-centered services by and bone disease. Diagnosing chron- tutions to work with the public insti- of Medicine, Vice Chair, Department utilizing a Consultative Model done ic kidney disease, or CKD, at an early tutions on the adult learner issues. of Family and Community Medicine, by a therapist providing consultation stage can delay the onset of end stage Private institutions have a wealth of East Kentucky Campus, University and instruction to the child’s caregiv- renal disease. Mr. Price, a transplant knowledge about adult learners and of Kentucky North Fork Valley Com- ers, who in turn actually provide the recipient, stressed the importance of have focused on this group for some munity Health Center; Tonya Chang, interventions throughout daily rou- education about the disease. time. She said there may be specific Kentucky Director of Advocacy, tines. The specific services provided partnerships formed, but she does American Heart Association, Great through the Consultative Model are The subcommittee next heard a not know of any. Rivers Affiliate; Jim Kimbrough, Is- based upon the Individual Family presentation on diabetes in Kentucky President King said legislators sue Specialist, Long Term Care, Service Plan, known as an IFSP, de- from Theresa Renn, Greg Lawther, and and educators across the country are American Association of Retired veloped for each child and family par- Dr. Baretta Casey. Diabetes is the fifth realizing that there are enormous op- Persons (AARP) Kentucky; Molly ticipating in the First Steps Program. leading cause of death by disease in portunities to encourage more people Dobson, Contracts and Budget Plan- The subcommittee learned that there the state with an estimated 14.3 per- to seek higher education. Through ner, Kentuckiana Regional Planning is a national four-tier ranking system. cent of adults living with diabetes, this effort, President Obama and and Development Agency (KIPDA), Kentucky is currently at level three both diagnosed and undiagnosed. In others are hoping the United States Louisville; Mary Crowley-Schmidt, and anticipates rising to level two 2002, the estimated costs of treat- can regain its position as number Assistant Director, Department for by June 2010. The federal funding ing the disease were $2.9 billion per one in the world in terms of the pro- Human Services Area Agency on Ag- is not in danger as long as Kentucky year. The mission of the Kentucky portion of its population being the ing, Bluegrass Area Development Dis- does not drop to level four. Approxi- Diabetes Prevention and Control Pro- most highly educated. He said the trict, Lexington; Whitney Jones, MD, mately 12, 900 children are served gram is to reduce the number of new CPE wants to expand adult learning Clinical Professor of Medicine, Uni- each year by First Steps and there cases of diabetes and its complica- friendly programs across the institu- versity of Louisville, Founder, Colon are currently 6,462 Kentucky chil- tions. The program is funded with tions throughout Kentucky in an ef- Cancer Prevention Project; Thomas dren with an active ISFP. First Steps state and federal funds and works fort to reach the goal of doubling the C. Tucker, MPH, PhD, Director, Ken- is funded through a combination of through a number of public and pri- number of college graduates. tucky Cancer Registry, Associate Di- General Fund dollars, Tobacco Settle- vate partners. The program’s newest With no further business be- rector, Cancer Prevention & Control, ment Funds, Family Share, Insurance, initiative is the Diabetes Centers of fore the committee, the meeting ad- Markey Cancer Center, University of Medicaid, Federal Part C, and Federal Excellence launched with funding journed at 11:35 a.m. Kentucky College of Public Health; ARRA funds. provided by the General Assembly. Linda Craig, Family Support Special- The subcommittee heard a pre- The goal of the program is to improve ist, Daviess County, Patricia Preglias- sentation on Psychiatric Residen- outcomes and decrease costs among co, Social Service Clinician, Jefferson tial Treatment Facilities, known as adult Medicaid recipients with dia- County, Barbara Cowan, Social Ser- PRTFs, given by Kerry Harvey, Act- betes. The centers are located in six vice Worker, Kenton County, Sheila ing Inspector General for the Cabinet sites and cover 30 counties. The cen- Patrick, Social Service Clinician, for Health and Family Services, and ters have shown positive outcomes INTERIM JOINT COMMITTEE Menifee County, American Federa- Stephanie Brammer-Barnes, Policy with significant improvements in ON HEALTH AND WELFARE tion of State, County and Munici- Analyst, Inspector General’s Office. meeting standards of care. The Ken- Minutes of the 4th Meeting pal Employees; Donna Brown; Heidi The subcommittee heard testimony tucky Diabetes Network is a state- of the 2009 Interim Schissler Lanham and Marsha Hock- that described what PRTFs are and wide nonprofit working on diabetes October 21, 2009 ensmith, Protection and Advocacy; where they are located through- issues. Dr. Casey reported on the ac- The 4th meeting of the Interim Debra Anderson and Kristi Campbell, out the state. PRTFs have existed tivities of the Kentucky Diabetes Re- Joint Committee on Health and Wel- BRMC; Marlene Helfrich and Sandy in Kentucky since 1991 and are for search Board which was established fare was held on Wednesday, Octo- Rutledge, Kentucky PTA; Eric T. Clark patients age six to 21 that have an by the legislature in 2004. The goal ber 21, 2009, at 1:00 PM, in Room and Ruby Jo Lubarsky, Londa Knoll- emotional or severe emotional dis- of the board is to establish Kentucky 129 of the Capitol Annex. Represen- man, Kentucky Association of Health ability. Currently there are 21 PRTFs as an authority on the advancement tative Tom Burch, Co-Chair, called Care Facilities; Rhonda Joyce, Hardin in the Commonwealth. As of Oc- of diabetes research by funding re- the meeting to order 1:06 PM, and Memorial Hospital; Eugene Gross, tober 2009, there are approximately search on diabetes. The board will the secretary called the roll. American Federation of State, Coun- 189 PRTF patients, but the state has complete reviews of the funded proj- Present were: ty, and Municipal Employees; Susan a CON capacity for nearly 100 more ects at the end of the two-year grant Members: Representative Tom White, Save the Children; Margaret patients. Staffing requirements were cycle. But, the board’s annual fund- Burch, Co-Chair; Senators Tom Bu- Levi, Ephraim McDowell; Gene Huff, discussed showing that the profes- ing of $200,000 was cut as of 2008. ford, Julian M. Carroll, Perry B. Clark, CHI; Laura Belcher, T.J. Samson Com- sional requirements range from high The funds have been depleted and no Denise Harper Angel, Alice Forgy munity Hospital; Mike Haynes, Ken- school diploma minimum for the ma- further grants can be made. Without Kerr, Joey Pendleton, Katie Kratz tucky YMCA; Tom James, Partner for jority of staff, to college degrees for restoration of funding, the research Stine, and Jack Westwood; Represen- a Healthy Louisville; and J. Mullar. those that run the facilities. During board will dissolve in 2010. The tatives John A. Arnold Jr., Scott W. LRC Staff: DeeAnn Mansfield, 2008, 228 children were provided subcommittee also heard testimony Brinkman, John “Bam” Carney, Bob CSA; Amanda Dunn, Miriam Ford- care in out-of-state facilities due to from Lisbon Hardy and Kim DeCoste. M. DeWeese, Brent Housman, Joni L. ham, Ben Payne, Gina Rigsby, and the fact that Kentucky PRTFs cannot The American Diabetes Association Jenkins, Mary Lou Marzian, Reginald Jonathan Scott. offer them the needed treatment ser- stressed the importance of appro- Meeks, Tim Moore, Darryl T. Owens, A motion to approve the min- vices. Additionally, the average per priate care for those living with the Ruth Ann Palumbo, Susan Westrom, utes of the September 16, 2009 day payment for out-of-state care is disease, particularly in school set- and Addia Wuchner. meeting was made by Senator Bu- $340 and the average per day pay- tings. Diabetes educators specialize Guest Legislator: Representa- ford, seconded by Senator Stine, and ment for in-state care is $400. in training diabetes patients in self tive Derrick Graham. approved by voice vote. Representative Marzian, Co- care behavior changes. Guests: L. Allen Dobson, Jr., Senator Stine, Co-Chair, Families Chair, Health Issues and Aging Sub- The following administrative MD, FAAFP, Vice President, Carolinas and Children Subcommittee, report- committee, reported the subcommit- regulations were referred to the com- Healthcare System, North Carolina ed the subcommittee met that morn- tee met that morning and heard a mittee for consideration: 201 KAR Department of Health and Human ing and heard a presentation from Dr. presentation by Lisa Allgood, Dr. Jo- 2:320 – establishes the require- Services; Wendy Carlin M.S., R.D., Ruth Ann Shepherd and Paula Goff hann Herberth, and Andreas Price on ments for a manufacturer permit and

THE KENTUCKY GENERAL ASSEMBLY 35 for functioning as a manufacturer of quirements by facilities of the intent is currently in the nonsubstantive KAR 6:075 does not circumvent the drugs; 201 KAR 20:240 – establishes to acquire a health facility for health review regulation into the regulation process, but amending the regula- fees for licensure, registration, exam- service; 900 KAR 6:115 – establishes that affects the two hospitals. The tion is following the very process ination, renewal, reinstatement, and the certificate of need requirements amendment is the identical language the General Assembly has set forth continuing education for a registered for critical access hospitals, swing in the nonsubstantive review regu- for the cabinet to follow. It is a pro- nurse who applies to be credentialed beds, and continuing care retirement lation but is just being put into the cess that contemplates that changes as a sexual assault examiner; 201 KAR communities; and 900 KAR 6:120 – pilot program regulation which the will be made to the regulation after 20:370 - establishes requirements establishes the provisions for the pi- KHA feels is a better place for the lan- public comment and that is exactly and procedures for nurse licensure lot project for primary angioplasty in guage and will assure the two hospi- what happened in this regulation. and registration; 201 KAR 20:411 hospitals without on-site open heart tals can move forward since there is The subject matter of this regulation - establishes the requirements relat- surgery (“pilot program”) established already a letter of objection on the is and has been amended 17 times ing to a sexual assault nurse exam- in the 2004-2006 State Health Plan nonsubstantive review regulation. since 1999 to address specific needs iner course and the credentials of a for the certificate of need program. Representative Burch said that even of communities or specific needs in sexual assault nurse examiner; 900 A motion to take a separate vote on if the committee adopts the amend- the Commonwealth. These changes KAR 6:051 - repeals 900 KAR 6:050, 900 KAR 6:075 and 900 KAR 6:120 ment, the cabinet does not have to benefitted communities and provid- which has been incorporated into was made by Representative Hous- implement it. ers all across the Commonwealth other administrative regulations; 900 man, seconded by Senator Buford, Dave Nicholas, Committee Staff from every district. This nonsubstan- KAR 6:055 - establishes the forms and approved by voice vote. A mo- Administrator, Administrative Regu- tive review contemplates these types necessary for the orderly administra- tion to accept all the administrative lation Review Subcommittee, stated of actions and has authority in stat- tion of the Certificate of Need Pro- regulations except 900 KAR 6:075 that KRS Chapter 13A.320 states ev- ute and has been used by the cabinet gram; 900 KAR 6:060 - establishes and 900 KAR 6:120 was made by erything in the regulation process re- many times over the past years. The the timetable for submission of ap- Representative Buford, seconded by quires agreement between the agency cabinet did not make the amend- plication requirements necessary for Senator Pendleton and approved by and the committee except the finding ments in a regulation in a manner the orderly administration of the Cer- voice vote. of deficiency. If an amendment is pro- to attempt to hide the changes but tificate of Need Program; 900 KAR Senator Buford made a motion posed by the committee, there has to followed the legislative mandated 6:065 - establishes the requirements to adopt the amendment to 900 KAR be agreement from the agency. If the regulation process. The regulation necessary for the orderly administra- 6:120 that would separate the angio- agency does not agree, the amend- will allow anyone to apply for the tion of the certificate of need appli- plasty pilot program hospitals from ment is out of order. Senator Buford certificate of need (CON) as long as cation, review, decision, and recon- psychiatric bed hospitals. Secretary withdrew his motion for the amend- they meet the specific requirements sideration process; 900 KAR 6:070 Miller said that the cabinet has some ment as presented because there was for the specific number of children on - establishes the requirements neces- technical problems with the amend- not a second. He made a motion that a no reject/eject basis. The regulation sary for the consideration for formal ment. She said that the administra- 900 KAR 6:120 be deferred to the has five basic changes: (1) establish review of applications for the orderly tive regulation as promulgated allows November meeting of the commit- nursing facility services at the new administration of the Certificate of the two facilities to go through but it tee. Mr. Nicholas stated that it would Eastern State Replacement Facility; Need Program; 900 KAR 6:075 – es- takes them out of the pilot status. The require agreement with the cabinet. (2) allow a psychiatric hospital with tablishes the requirements necessary cabinet does not agree that the way Senator Carroll stated that it was his no more than 50 beds in an ADD for consideration for nonsubstantive the amendment is done is technically understanding that Senator Buford which does not already have a free- review of applications for the orderly correct and opposes the amendment. was only proposing to postpone the standing psychiatric hospital in place; administration of the Certificate of Representative Burch asked if the discussion on the regulation until (3) allow two pilot hospitals to move Need Program; 900 KAR 6:080 – es- amendment was needed, and Secre- the next meeting, but the regulation forward and come out of pilot status; tablishes the guidelines for alleviat- tary Miller said it goes above and be- would be approved by the committee (4) allow the transfer or relocation ing an emergency circumstance for yond by taking the two facilities out at today’s meeting. A motion to defer of up to 30 existing CON-approved the orderly administration of the of being in the pilot status because action on the amendment until the nursing facility beds to move from Certificate of Need Program; 900 they have successfully demonstrated next committee meeting was made one facility another if the beds do KAR 6:085 – establishes the guide- their ability to provide services safely by Senator Buford, and seconded by not meet the sprinkler requirements lines for the transfer of a certificate with good outcomes. Senator Buford Senator Carroll. that is upcoming in the CMS require- of need for the orderly administra- said that the amendment separates Senator Stine asked if no action ments and the county receiving the tion of the Certificate of Need Pro- the angioplasty hospitals from the was taken on a regulation at today’s beds is at least a contiguous county gram; 900 KAR 6:090 – establishes psychiatric hospitals. Representative meeting, would the regulation go sending the beds; and (5) allows for the requirements for filing, hearing, Burch asked Secretary Miller if she into effect in 30 days. Mr. Nicholas large nursing facilities of at least 250 and show cause hearings necessary wanted to defer 900 KAR 6:075 until said that by law the regulations had beds to transfer no more than half of for the orderly administration of the the November Interim Joint Commit- been referred to the committee and their beds to facilities and counties Certificate of Need Program; 900 KAR tee on Health and Welfare meeting, placed on its agenda and would go within the same ADD. 6:095 – establishes the requirements and she said she did not think it was into effect upon adjournment. Sena- Secretary Miller stated that chil- for administrative escalation neces- necessary. tor Carroll explained that the com- dren have been placed in out-of-state sary for the orderly administration f Representative Moore asked if mittee would not be delaying action psychiatric treatment facilities for the Certificate of Need Program; 900 the administrative regulation 900 on the regulation but delaying action years and this has been recognized KAR 6:100 – establishes the required KAR 6:120 the one being voted on on taking a sense of the committee as a long standing issue. Psychiatric timetables and standards for imple- or is the language currently being of- on a proposal that would have to go treatment facility services are lim- mentation as well as requirements fered as an amendment dealing with forward as a regulation again issued ited to psychiatric hospital services for biennial reviews for the orderly another administrative regulation by the cabinet but had nothing to do and psychiatric residential treatment administration of the Certificate of that has not yet come up for discus- with 900 KAR 6:120. Senator Buford facility (PRTF) services. Existing Ken- Need Program; 900 KAR 6:105 – es- sion. Secretary Miller stated that the said that was correct. Mr. Nicholas tucky psychiatric treatment facili- tablishes the policies for issuance of administrative regulation before the stated that if the regulation is de- ties do not have the individualized, advisory opinions necessary for the committee is the one the cabinet ferred, it would be held over until the intensive, multi-disciplinary team orderly administration of the Cer- promulgated and proposed to be ad- next meeting. A motion to call the approach, with heavy emphasis on tificate of Need Program; 900 KAR opted, and the amendment that has amendment back up for review at the behavioral health services and sup- 6:110 – establishes the notification been offered is what the cabinet is next meeting was made by Senator ports, to meet the specialized treat- requirements by facilities of the ad- opposed to. Ms. Galvagni, Kentucky Buford, seconded by Representative ment needs of these children placed dition or establishment of a health Hospital Association, said that the Arnold, and approved by voice vote. in out-of-state facilities. A solution service, and the notification require- pilot project regulation was actually A motion to approve 900 KAR 6:120 was to amend the nonsubstantive ments by facilities of the reduction written and pertains to the two pi- was made, seconded, and approved certificate of need (CON) regulation or termination of a health service or lot hospitals only. The KHA feels it by voice vote. to allow for the establishment of psy- bed capacity, and the notification re- is better to include the language that Secretary Miller stated that 900 chiatric hospitals to treat these chil-

36 2009 Interim LEGISLATIVE RECORD dren. The goals are to develop capac- through admission is approximately the reason there are no psychiatric this specific need, try to get some in ity in-state to provide individualized, three weeks. Children are currently hospitals is because there is there is the rural areas of the state. Once the intensive services with heavy empha- place in Alabama, Florida, Georgia, Il- a staff shortage. Secretary Miller said facility care is developed, the facility sis on behavioral health services and linois, Ohio, South Carolina, Tennes- that these are psychiatric services for can be used to educate, and mentor supports, provide active treatment, see, Texas, Utah, and West Virginia. children with intellectual and devel- clinicians to help treat child placed allow children to be treated closer Youth range in age from 11 to opmental disabilities and take a spe- back in community settings. She said to home so that the family can be 20 years of age, with the bulk be- cific type of treatment. Representative they wanted more geographic disper- involved in their treatment and plan ing 16 and 17 year olds. The males Burch asked how many child psychi- sions of the services. of care, and provide better oversight outnumber females almost two to atrics were available outside of Jeffer- Senator Carroll asked when it for Kentucky children. Currently the one, and they are from all across son and Fayette Counties. Secretary is necessary to place a child, does Department for Community Based the Commonwealth. These youth Miller said there are hospitals provid- the cabinet try to find a bed in Ken- Services makes annuals visits to out- exhibit problematic behaviors that ing psychiatric services, but it is the tucky first, and if one is not found of-state facilities, but effective Octo- contribute to difficulty in finding combination of the psychiatrist, or then a child is placed out-of-state. ber 2011, new federal requirements placement and treatment. Managing the psychologist and the expertise to He said that the cabinet is attempt- will mandate monthly visits. The the behavioral challenges of these perform a behavioral assessment and ing to create beds in Kentucky that regulation would allow for the estab- youth is complicated by the pres- working with the treatment plan to are not now available in areas where lishment of a new 50-bed psychiat- ence of mental retardation or other make sure these children get the ac- they will be available and hopefully ric hospital in an area development cognitive impairments, such as per- tive treatment necessary. Represen- the child would not have to leave the district without a free-standing psy- vasive developmental disorder. Ap- tative Burch said the problem is not state and separated from their fam- chiatric hospital contingent upon the proximately one-third of the youth having more services for the children, ily. following conditions: (1) required to currently in out-of-state placement but the lack of transparency between Nina Eisner, CEO, The Ridge Be- meet the intensive treatment needs have a diagnosed intellectual disabil- the cabinet and the legislature. Sec- havioral Health System, Chair of the of children between the ages of 4 to ity. Mental health diagnoses typically retary Miller stated that the cabinet Kentucky Hospital Psychiatric and 21; (2) severely emotionally disabled cluster around the following catego- did not believe the PRTFs have the Chemical Dependency Forum, and with severe and persistent aggressive ries, with youth often having multi- qualification and ability to meet the member of the Kentucky Hospital behavior; (3) severely emotionally ple diagnoses: (1) behavior disorders very specific treatment need and Association Board of Trustee, voiced disabled with intellectual disability; – 62 percent; (2) mood disorders that is why the hospital licensure concerns with the provision con- (4) sexually acting out with severe – 40 percent; (3) cognitive disorders category was chosen. She said that tained in the regulation to allow eight and persistent aggressive behavior; – 30 percent; and (4) post-traumatic there are two PRTFs in the state that new psychiatric hospitals, totaling (5) operate under a no reject/eject stress disorder – 28 percent. Youth can take these children, but there are 400 new beds, to be built outside the policy and not refuse to admit or dis- have had multiple placements which times they will not accept them be- CON process in any ADD that does charge a patient due to the presence could include DCBS foster care, pri- cause of behavioral problems. There not have a free-standing psychiatric of the above characteristics; and (6) vate child care foster care or residen- are two or three hospitals that will hospital. The KHA recommends that provide non-acute active treatment. tial, PRTF, or a psychiatric hospital. take children with these diagnoses. the committee vote to find the regu- Cabinet oversight will be in place The average number of placements Secretary Miller said that there may lation deficient. She stated that Ken- through the CON, licensure and reg- prior to placement out-of-state is be a disagreement about the solu- tucky’s hospitals support treating ulation, and Medicaid regulation to 14. There are nine youth on their tion, but there should not be a dis- Kentucky children in Kentucky. No insure that programmatic and regu- second or third out-of-state place- agreement that these children should in-state psychiatric hospital is refus- latory requirements are met. Policy ment. Three moved from one out-of- be provided services in-state. Those ing admission of children with spe- and procedures will be developed for state program to another. Six came dollars should be taken and used in cial needs who meet their inpatient admissions, treatment plans, active back to Kentucky, but had to be sent developing the capacity to provide criteria for acute hospital care. KHA treatment, and monitoring. back out-of-state again. The aver- this very specialized active treatment shares the cabinet’s desire to bring Commissioner Wilson stated age age at which these youth came in-state instead of sending them out- Kentucky children back to Kentucky that at the end of September 2009, into DCBS care is ten years old. Youth of-state where they are not able to where they can be cared for and be there were 6,945 children in the cus- who came into care prior to age ten stay connected to their families and closer to their families. However, the tody of the Department for Commu- had an average of 23 placements be- communities. provision in this regulation to build nity Based Services (DCBS) in out-of- fore going out-of-state. Youth who Representative Wuchner asked new psychiatric hospitals outside of home care. The frequency, duration, came into care after turning ten had if before the regulation was filed was the CON process has nothing to do and intensity of the problematic be- an average of nine placements before there was dialog with PRTFs and hos- with brining children back to Ken- haviors, especially aggression, is more going out-of-state. The DCBS began pital organizations to extend their li- tucky, and will not achieve that result. heightened than that of Level 5 youth tracking difficult to place youth in censure coverage to address some of This is because the children who are in private child-caring treatment pro- April 2008. These youth are so clas- the unmet needs or the level of needs in out-of-state placement are in long- grams. Youth going out-of-state will sified due to aggression, sexual is- these children have because there are term residential treatment facilities, often have been in a psychiatric hos- sues, and low functionality. In the a lot of unused beds in hospitals that not acute psychiatric hospital level pital in-state for stabilization of acute 12 months between April 2008 and could possibly be converted under a of care. Long-term residential care is symptoms, but are determined not March 2009, 142 youth were identi- special license. Secretary Miller said a unique level of care that serves a ready to live safely in a community fied with an average of 44 per month. that PRTFs and hospitals can provide special population of children who setting. An out-of-state placement Most were age 11 or older and nearly these services under the current li- no longer meet the clinical criteria to referral is initiated when all in-state half had an IQ under 70. Aggression censure and do not need a new licen- remain in acute care, but who cannot possibilities have been exhausted. was the most prevalent behavior is- sure category. safely be discharged to their home or Potential out-of-state placements sue and 29.6 percent were identified Representative Owens asked if to a PRTF. This level of care does not are contacted, giving priority to prox- as having sexual issues. Twelve of the there is an ADD that does not have exist in Kentucky because our state imity to youth’s home county cou- children were identified as having all a great need for 50-bed psychiatric does not have a licensure category, pled with youth’s treatment needs. three issues. hospital. Secretary Miller said that with specific standards, for long- Once potential placement has been Representative Burch asked why there are facilities in Louisville, Lex- term residential treatment facilities located, the provider’s participation there are no psychiatric hospitals in ington, and Northern Kentucky that like other states. KHA and Kentucky in Kentucky Medicaid is verified and certain areas of the state. Secretary already can take these children. She hospitals have repeatedly asked the interstate placement proceedings are Miller said that in the State Health said that if someone thought they cabinet to develop this level of care, initiated. Upon Interstate Compact Plan there is a cap of 315 beds avail- could develop the critical mass in or- modeled after programs in other approval from the state in which the able and there are 196 beds that have der to support the type of clinical and states. Without these standards, placement is located, admission ar- gone through the process and are in direct care staff needed, they could Kentucky hospitals cannot simply rangements are made. The minimum existence and operation. The occu- do it at 22 beds. She said that if you provide long-term residential care length of time from identification of pancy of the beds is approximately are going to allow the establishment in their acute care beds. Construct- potential out-of-state placements 189. Representative Burch asked if of new psychiatric hospitals to meet ing eight new psychiatric hospitals is

THE KENTUCKY GENERAL ASSEMBLY 37 the wrong policy to meet the needs Since no hospital can operate all of match the regulatory framework Carroll stated that the cabinet who of children sent out-of-state because their beds on a standby basis, they within which that facility operates. is the regulatory agency has said that it is inappropriate to place them in will likely fill them with other chil- Operating non-acute programs un- hospitals do have the legal authority acute care beds when they need a dren and adult patients. Therefore, der an acute care regulation will lead to treat these children. Mr. Benvenuti lower level of care. the amendment does not guarantee to confusion both for the provider as stated that the regulation is a CON Additionally, the cabinet’s plan that new beds will always be avail- well as for the regulatory authority. It regulation and is based on what li- to build new hospitals under the non- able for the targeted children and not will cause uncertainty relative to the censure category reflects what goes substantive review process circum- occupied by other patients. Many of appropriateness of the underlying on in the faculty. If a licensure cate- vents the CON and health planning the in-state psychiatric hospital pro- reimbursement methodology. Medi- gory does not reflect what goes on in process established by the legisla- viders are part of systems which op- care and Medicaid program rules use the facility, there is no way a facility ture. By granting nonsubstantive re- erate many of the out-of-state pro- four criteria to determine the medi- can obtain and maintain compliance. view, applications to build these new grams in which Kentucky youth are cal necessity of health care items and Senator Carroll asked if a proposal hospitals will be presumed needed placed. The cabinet, not hospitals, services. First, the treatment should had ever been sent to the cabinet to and will not have to comply with the decide when a child no longer meets be consistent with the symptoms create this licensing authority. Mr. psychiatric hospital bed need for- acute hospital criteria and where the or diagnosis of the illness or injury Benvenuti said no, but he would like mula in the State Health Plan. These child will be placed. Kentucky provid- in question. Second, the treatment to be a part of it. Senator Carroll said projects will not have to explain how ers want to be part of the solution. should be necessary and consistent that he should if they want to treat the facility will be staffed. The pro- We have a passion to care for Ken- with generally accepted professional patients in-state. Senator Carroll jected patient costs and charges, or tucky’s children in the least restric- medical standards, no experimental said that providers have had plenty how the facility will work with other tive, most appropriate, least costly or investigational. Third, the treat- of opportunity to provide the servic- providers within the health care sys- setting. Working with existing hos- ment should not be furnished pri- es, but have not done so. Nor have tem. If existing hospitals want to add pital and PRTF providers is the best marily for the convenience of the they asked the cabinet to make the beds, they must go through the full approach to return children quickly patient, the attending physician, or necessary changes to allow them to CON review process, and would be to Kentucky, not building new psy- another physician or supplier. Fourth, provide these services. Senator Car- stopped by the bed need formula if it chiatric hospitals outside of the CON the treatment should be furnished at roll asked if providers were willing to does not show a need for additional process. the most appropriate level that can propose a change in the regulations beds. The State Health Plan was up- be provided safely and effectively to authorize providers to provide res- dated this summer and no mention of Robert Benvenuti, Attorney and to the patient. The operational gap idential care for these children that the problems of out-of-state place- former Inspector General of the Cab- between the acute care psychiatric are being placed out-of-state at the ment or the need for additional beds inet for Health and Family Services, hospital services and long-term psy- same reimbursement rate. Ms. Eis- was ever raised by the cabinet during said that health care providers that chiatric residential treatment is sim- ner said that providers will operate revision process or public hearing. are willing to take on the very diffi- ply too wide a divide to ensure the residential beds if there is a licensure Kentucky has 33 private psychiatric cult task of providing care to those delivery of services that meets the category providers can utilize to pro- providers, both freestanding psychi- children who suffer from conditions three critical components of quality, vide these services, and they have atric hospitals and acute care hospi- which require long-term psychiatric compliance, and cost effectiveness. had this conversation with Secretary tals with psychiatric units, and they residential treatment deserve to oper- Many other states have created addi- Miller. Senator Carroll asked if they were never consulted or offered the ate under a statutory framework that tional licensure categories that allow had asked for this in writing, and she opportunity to work with the cabinet is thoughtfully designed and directly them to appropriately care for chil- said that Mike Rust, President, Ken- on a solution to this issue. In July, the applicable to the nature and scope of dren that require long-term residen- tucky Hospital Association, has sent cabinet published the nonsubstan- the services provided. Kentucky cur- tial treatment and it may be deter- a letter to Secretary Miller. Senator tive regulation for public review, but rently recognizes three dozen levels mined that Kentucky should need to Carroll asked that a copy of the letter the amendment to build eight new of licensed care, from laboratories and do the same. The creation of a new be provided to the members. psychiatric hospitals was added to home health care services to acute category is neither difficult nor com- Representative Meeks asked that the regulation after the public hear- care hospitals and psychiatric hos- plex. The stakeholders all agree that Secretary Miller come back and up- ing was held, essentially denying the pitals. While the acute care setting the creation of a new level of care date the committee on the progress opportunity for existing psychiatric represents the highest level of care, it is in the best interest of the Com- being made with providers. hospitals or anyone else to com- is not intended to be used and must monwealth. The stakeholders have Representative Burch asked the ment on this major policy change. not be used as a catch all level of care. a sincere and good faith interest to providers to meet with Secretary The comment to amend this regula- Rather, the acute care setting is in- design the category with reasonable Miller by November 25 and decide tion was submitted by the state, not tended to provide a very narrow level deadlines placed on the process by what is preventing providers from the public. Typically agencies do not of service essentially limited to care leadership to avoid needless delay. providing the services and come up make substantive changes to a regu- and treatment of a nature that would Senator Carroll said that his un- with a plan on how these services lation by amending it after the public be unsafe to provide in any other set- derstanding from Secretary Miller’s can be provided. Senator Buford said hearing to add things that were never ting. Placing individuals in the cor- testimony is that presently a pro- that it is too late to file an applica- addressed in the original regulation rect level of care is a long established vider has the legal authority to pro- tion and have it go through the CON as filed. Also, the cabinet’s proposed concept that seeks to ensure quality vide treatment at a residential level process in time. A motion to pass amendment is an inappropriate use of care, maximize independence, and after acute care has no longer been 900 KAR 6:075 was made by Rep- the nonsubstantive review process. support fiscal responsibility. It is only determined if that a provider chooses resentative Palumbo, seconded by This process has only been used to when you have the appropriate set- to do so. But because some provid- Senator Buford. With a vote of 6 yes relocate existing licensed beds, not ting operating under the appropriate ers do not want to provide these votes, 14 no votes, and 1 pass vote, to increase the total number of beds regulatory standards that these goals services, children have to be placed the motion failed. A motion to find or to build new hospitals. can be consistently achieved. Regu- in out-of-state facilities. Senator 900 KAR 6:075 deficient was made The age range of patients to be lation aimed at ensuring the health, Carroll asked whether a proposal to by Representative Owens, seconded treated includes both children as well safety, and welfare of those in need of provide services for the children had by Senator Harper Angel, and ap- as young adults and, once a CON is health care services should never be been made with the cabinet, and if proved by voice vote. granted, there is nothing to require evaluated or accepted under the the- so, when. Ms. Eisner stated that A presentation on the innova- that the facility’s actual license be ory that standards are interchange- they had conversations with Secre- tion for Kentucky’s uninsured by restricted. Therefore, these new fac- able or close enough. Failure to have tary Miller and prior to that with the given by L. Allen Dobson, Jr., MD, ulties will impact existing psychiat- a regulatory scheme that provides a Commissioner of the Department for FAAFP, Vice President, Carolinas ric hospitals. The regulation states tailored approach ultimately sets the Medicaid Services. Ms. Eisner stated Healthcare System, North Carolina that the new hospitals cannot refuse mechanisms in place for providers to there are many hospitals that have Department of Health and Human admission based on the presence of fail and the citizens of the Common- CON beds that could be used, but Services. Dr. Dobson stated that certain conditions, but it does not wealth to receive substandard care. there is no licensure category exists North Carolina is mainly a rural state prohibit refusal if the hospital is full. The services offered in a facility must for these specific children. Senator that is not well suited for traditional

38 2009 Interim LEGISLATIVE RECORD managed care. The Successful Caro- ers in the field and state offices, but two years as an investigative worker. thing to be necessary and important lina Access program linked recipi- not a lot has changed. A letter from As front-line workers in child protec- enough to fund, but if you look at ents with primary care physicians Sandy Travis, daughter of Boni Fred- tion, our job duties consist of con- the average budget, there are hun- in all 100 counties. Issues identified erick, stated that the Boni bill was a stant contact via home visits with dreds of places that the legislature to help improve North Carolina’s great step forward to protect our so- families and providing services to violates its own law and does not healthcare system were: (1) no real cial workers, and she thanks every- these families. Unfortunately, the fund at the appropriate level. In this care coordination system at the lo- one who supported it. The funding majority of the families is involved particular case, we have heard this cal level; (2) providers felt limited in and the resources invested in worker with drug use and trafficking, have testimony as long as there has been their ability to manage care in the safety are important, but these in- histories of violent crimes and do- emphasis for a Boni bill, and the sup- current system and needed help; (3) vestments have fallen short of the mestic violence, and have severe port for it is never going to wane. He local public health departments and promise. Social workers and family mental health issues. She asked how questioned why the cabinet was not area mental health services were not service workers across the Common- can workers ensure a child’s safety if present to explain why individual coordinated with the medical care wealth know the risks and how to they cannot ensure their own safety. workers are not being appropriately system; (4) duplication of services reduce them and want to be a part of Representative Burch stated trained because that is not a bud- at the local level; and (5) state silo the solution to their safety concerns. that his sister was a social worker for getary limitation. There are people funding. In 1999, pilot programs They have learned these lessons a number of years and endured mul- whose job and responsibility it is to were started that joined community from experience and can identify the tiple injuries. He said that the job is ensure that workers are trained, and providers such as physicians, hos- problems and solutions more clearly very dangerous. if that is not being done in violation pitals, health departments, and de- than upper or middle management. Ms. Pregliasco stated that she of all these regulations that we pass partments of social services, particu- We do not need any more lessons in has been a social worker for 12 years. at great expense and deliberation, larly in rural areas, into a healthcare tragedy, that devastating lesson was She said that she and others have he wanted to know why not. Repre- system that North Carolina could learned in 2006 with the death of my been cautioned about coming to tes- sentative Moore made a request that improve care. A primary care medical mother. tify before the committee about their the cabinet be invited to come back home is designated and community Ms. Patrick stated that from safety. Nearly every day workers face and explain why they are not follow- networks were created that assumed 2006 to 2008, while child protection situation where their safety is put at ing existing regulations when we put responsibility for managing recipient service cases went up there was a risk. Routinely workers enter neigh- so much time and effort into passing care. In 2009, there are 15 networks decline in social service workers I and borhoods and homes that the police new ones. with more than 4,500 primary care II and Social Service Clinicians I and do not go to alone in order to do their Representative Meeks encour- physicians and over 934,000 Medic- II. During the same timeframe, food jobs. Understaffing is a major prob- aged committee members to meet aid enrollees and 105,000 SCHIP re- stamp and K-TAP cases rose, but lem plaguing the workforce. Workers with social workers in their counties. cipients. The North Carolina General Family Support Specialists I, II, and III are being crushed due to the increas- He said that the legislators were there Assembly has mandated the inclu- decreased. She said that a lot of the ing intake and chronic understaffing. representing the workers and it is our sion of the aged, blind, disabled, and Protection and Permanency work- The past summer, the Jefferson Re- responsibility to make sure they have SCHIP. The program focuses improv- ers do have access to criminal back- gion put in place an Overflow Plan tools they need to do the job. ing care, improving coordination, and ground checks, but Family Support that would assign CPS investigations Representative Carney asked if saving the state money. He said it is Specialists do not and having access throughout the region outside of the there are evaluation processes that a program about being managed, not to criminal history would be help- usual investigative teams. Of the could protect workers that speak out regulated. It is a clinical program that ful to have when someone comes in open CPS investigations during that on behalf of their concerns. Ms. Preg- provides good care and costs less for assistance. The incident report- time, nearly 50 percent were past liasco said yes. Ms. Cowan said that money. He said that building and or- ing and tracking system still remains due. These CPS investigations went the evaluations are pretty general, ganizing the primary care system is flawed. State-issued cell phones do to workers who had no experience and there is always a way to justify the foundation of the program. The not work in many areas and laptops with investigations and had no clear firing someone. success of the Community Care of cannot access needed databases due supervision or follow-up. These cas- Ms. Craig said that she said that North Carolina is the investment in a to confidentiality in the wireless in- es put the novice worker at risk, and she is a case manager in the Fam- local virtual health system. The pub- ternet. Workers around the state re- also the family whose case was han- ily Support office in Daviess County. lic-private partnership changes the port that their buildings are no safer dled by the novice worker. Workers She said that she works with K-TAP relationship between payor and pro- now than two years ago. In 2008, are treated like the enemy for even and food stamp recipients. Applica- vider into a shared responsibility for there were 638 reports of critical advocating for their safety. The Boni tions can range from two to five per the program. Innovation comes from incidents such as attacks, threats, Bill needs to be adequately funded to day and the highest can be ten. The engaging those who actually provide theft, intimidation, verbal abuse, ensure that another tragedy such as applications have to be squeezed in the care. Physician leadership is a and sexual harassment against work- Boni Frederick never happens again. between scheduled appointments, must. ers. As of 2008, despite the bill’s Representative Burch asked who walk-ins, phone calls and daily, Representative DeWeese asked mandate to hire more frontline staff, told them not to testify before the weekly, semi-monthly, and monthly how much of the system is managed there were nearly 400 vacancies committee. Ms. Pregliasco said that deadlines. In addition, written re- care. Dr. Dobson stated that in North among frontline titles. The Council they were not told not to come but ports are necessary to monitor sta- Carolina there is very little managed on Accreditation recommends that were cautioned about what was said. tistics. Timeframes to complete a care. The Medicaid agency in North caseloads not exceed 18 children per She said that the cabinet nor the ad- case is ten to thirty days, and with Carolina is the managed care agency worker. The Child Welfare League of ministration want bad press, and the high caseloads and the increased versus them having a subcontractor, America recommends a maximum of anything that is said puts the work- volume of applicants, more clients although the principles of this work 15 per worker. Kentucky’s current ers at risk of losing their jobs. Ms. are waiting the full thirty days and very well in a managed care system. limit for Protection and Permanency Pregliasco stated that workers have sometimes beyond for their benefits. An update on the Boni Bill im- is 25 and there is no limit for Fam- been asked to sign a policy on media The main concern is understaffing plementation issues was given by ily Support Workers. Workers cannot communications that states they are and high caseloads. Due to the high Sheila Patrick, Social Service Clini- spend enough time with families and not to speak to the media or go to the numbers, workers are unable to serve cian, Menifee County, Barbara Cow- are forced to make rushed judgments. media for any reason. A confidential the poorest and most vulnerable citi- an, Social Service Worker, Kentucky Home visits cannot be performed in agreement is signed on all cases. zens of Kentucky as quickly as their County, Patricia Pregliasco, Social pairs which causes danger signs to Representative Palumbo stated needs arise. Caseloads are having a Service Clinician, Jefferson Coun- be overlooked. Families’ reunifica- that the General Assembly should negative effect on employee reten- ty. Ms. Patrick stated that she has tion may be delayed unnecessarily have fully funded the legislation and tion. It takes at least a year to get a worked the Commonwealth for 15 and foster care placements can get given the full $6 million not just $2 true grasp of a program, and it takes ½ years as a Social Services Clini- disrupted. million. a compassionate and empathetic cian. She said that after the passage Ms. Cowan said that she has Representative Moore said that employee to continue this work with of the Boni bill, there were supposed worked for the Cabinet for Health every year the legislature passes no support from lawmakers and the to be immediate changes for work- and Family Services for a little over a number of laws declaring some- cabinet. She said that she has had to

THE KENTUCKY GENERAL ASSEMBLY 39 prioritize her work, and some reports tucky Cancer Program, create a state casting healthcare costs based on the participated were from the public were half completed and filing of case manual for a scalable screening pro- current trends in adult, adolescent, health, universities, medical profes- information put aside. This caused gram for the uninsured, and provide and children who are overweight and sion, schools, non-profit business, the work to double up later when an annual report on the implementa- obese. Kentucky has the fourth high- private business, government, and she tried to piece things together. tion and outcomes. Funding will make est rate of children overweight in the other. Eighty-four percent ranked She cares about meeting her clients’ this program fully operational. All nation. Approximately 32 percent of physical activity in schools in the basic needs so they can focus on the Kentuckians age 50 and older should children in Kentucky are at risk of top four most important policies to goal of self-sufficiency. She is also get regular colon cancer checks, be- becoming overweight or obese. Eigh- combat obesity in their community. concerned about the safety of the cause early colon cancer may have no teen percent of young children who Of the 84 percent, 53 percent ranked agency’s employees and the clients symptoms. Ninety percent of colon participate in the Women, Infants, physical activity in schools number served due to the lack of security to cancers may be prevented or cured and Children (WIC) program are over- one. Research shows conclusively control the aggression of distraught through proper screening. weight and an additional 18 percent that physical activity does improve clients. A presentation on childhood of participants are at risk of becom- on-task behavior, concentration, Ms. Patrick stated that some of obesity and physical activity in ing overweight. An overweight child memory, comprehension, reading, the solutions are to improve training schools was given by Representative has an increased risk for hyperten- and math skills, and does not have a programs, improve the intake pro- Addia Wuchner, RN, Former Hospital sion, high cholesterol, Type 2 diabe- negative impact on academics. Ken- cess, establish regular labor manage- Administrator, Corporate Relations tes, asthma, and psychosocial issues. tucky is the second most sedentary ment meetings, examine community and Strategic Planning, Cincinnati Children and adolescents should en- state in the nation. Eight out of the partnerships and home visit practic- Health Alliance, Director; Wendy gage in 60 minutes of physical activ- ten states with the highest rates of es, improve office environments, and Carlin, M.S., R.D., L.D., Program Co- ity on most, but preferably all days overweight and obese children are in reduce caseloads. ordinator, Obesity Prevention Pro- of the week. Nationally, 54 percent the South. A presentation on the colon gram, Cabinet for Health and Family of high school students are enrolled A presentation on services for cancer screening program was giv- Services; Baretta R. Casey, MD, MPH, in physical education. Currently seniors was given by Jim Kimbrough, en by Whitney Jones, MD, Clinical FAAFP, Director, University of Ken- there are no requirements for physi- Issue Specialist, Long Term Care, Professor of Medicine, University of tucky Center for Excellence in Rural cal activity or physical education in American Association of Retired Per- Louisville, Founder, Colon Cancer health, Professor, University of Ken- Kentucky public elementary schools. sons (AARP) Kentucky; Molly Dob- Prevention Project; and Thomas C. tucky College of Medicine, Vice Chair, Though most elementary schools of- son, Contracts and Budget Planner, Tucker, MPH, PhD, Director, Ken- Department of Family and Communi- fer both, some do not and there is a Kentuckiana Regional Planning and tucky Cancer Registry, Associate Di- ty Medicine, East Kentucky Campus, great deal of variation in the amount Development Agency (KIPDA), Lou- rector, Cancer Prevention & Control, University of Kentucky North Fork and quality from school to school, el- isville; and Mary Crowley-Schmidt, Markey Cancer Center, University of Valley Community Health Center; ementary schools are allowed to use Assistant Director, Department for Kentucky College of Public Health. and Tony Chang, Kentucky Direc- up to 30 minutes of curriculum time Human Services Area Agency on Dr. Tucker stated that data from the tor of Advocacy, American Health per day for physical activity. Some Aging, Bluegrass Area Development Centers for Disease Control and Pre- Association, Great Rivers Affiliate. Kentucky teachers take recess away District, Lexington. In 2000, 16.65 vention, U.S. Cancer Statistics 2005, Obesity in Kentucky cost lives, qual- from students as a form of punish- percent of Kentucky’s population report compared to all of the other ity of life, and prosperity. Two-thirds ment. Only half a credit is required was over the age of 60. By 2020 that states, Kentucky has the second of adult Kentuckians are overweight for high school graduation. percentage is expected to grow to highest colorectal cancer incidence or obese. Kentucky has the seventh A child spends six to eight hours 24 percent. Of that population, the rate and the highest colorectal cancer highest rate of adult obesity with a day, five days a week, and nine fastest growing segment is those 85 mortality rate. Data from the 2006 80 percent of Kentucky males over- and a half months a year at school. years of age or older. Kentucky ranks Kentucky Cancer Registry reports weight or obese. Approximately 32 School is the ideal setting for helping fourth in the nation for individuals that approximately 2,500 new cases percent of Kentucky children are to systematically address the issue over 60 with limitations. In January of colorectal cancer are diagnosed overweight or obese. Children are and provides opportunities to engage 2006, a baby boomer turned 60 ev- each year in Kentucky, that approxi- now experiencing an epidemic of Type in and reinforce healthy behaviors. ery seven and a half seconds. There mately 900 Kentuckians will die each 2 diabetes and diabetes goes hand in Schools have a vested interest. Kids are three categories of services pro- year, that colorectal cancer accounts hand with heart disease. Research- who are more physically active tend vided by the Area Agencies on Aging for 12 percent of all the cancer cases ers report a 200 percent increase in to perform better academically. Kids (AAAs): (1) disease prevention and diagnosed in Kentucky each year, and the number of children hospitalized who are physically fit are likely to health promotion programs adminis- that colorectal cancer accounts for for Type 2 diabetes. Kentucky has the have stronger academic performance. tered through the senior centers and ten percent of all the cancer deaths in sixth highest heart disease mortality Activity breaks can improve cognitive other providers; (2) access to infor- Kentucky each year. If the age eligible rate. Heart disease is the number one performance and classroom behavior. mation and resources; and (3) pro- population were effectively screened killer in every single Kentucky coun- Increasing physical activity in schools grams that foster independence or for colorectal cancer it would: (1) ty. Kentucky ranks seventh in the is the number one priority from the are nursing home diversionary in na- reduce the incidence of the disease nation for the number of adults di- 2004 Kentucky Obesity forums at- ture. If funding for programs remains by finding precancerous disease and agnosed with diabetes, and seventh tended by 1,300 people from across flat, not even considering cuts, per- removing it before it becomes cancer; for hypertension. A study published the state. The 2008 Partnership for a centages of individuals served will (2) reduce mortality from the disease in the Archives of Internal Medicine Fit Kentucky survey showed that 84 have to be reduced as the numbers by finding it at an early stage when found that overweight and obesity percent of the respondents ranked continue to grow rapidly. The AAAs our treatments are most effective; may independently increase the risk this issue as being among the top are adept at forming partnerships and and (3) reduce the cost of treating of heart disease. In 2007, the es- four policies for combating obesity. collaboration to leverage every dol- colorectal cancer by both preventing timated direct and indirect costs of In 2008, 23 states considered physi- lar. Local governments provide sup- the disease from occurring and find- cardiovascular disease in the United cal education or physical activity leg- port, but the numbers of people not ing it early when the cost of treating States were $431.8 billion. In 2004, islation or regulations. served and underserved are grow- the disease is less expensive. Kentucky hospital charges for cardio- Ms. Carlin stated that the De- ing so rapidly that they outnumber Dr. Jones said that the Kentucky vascular disease diagnoses were $2 partment for Public Health works those being adequately served. The Colon Cancer Screening Program billion. In 2003, Kentucky estimated with the Partnership for a Fit Ken- services provided are not a luxury, (KCCSP) has many committed stake- medical expenditures for obesity was tucky who is a public-private part- but rather a basic need. Providing se- holders and partners. KRS 214.540- $1 billion. In 2002, Kentucky esti- nership whose mission is to support niors with services they need to age 544 mandates the Kentucky Colon mated direct and indirect costs for policy and environmental changes in place is truly more cost effective Cancer Screening Program Advisory diabetes were nearly $3 billion. that promote healthy eating and ac- and desirable than the institutional Committee to develop and imple- Kentucky’s economic perfor- tive lifestyles. In December 2008, alternative. ment statewide public awareness mance is closely tied to its abil- a survey was conducted and com- Ms. Dobson stated that total campaign with the Kentucky Depart- ity to maintain a healthy workforce. pleted with 885 people in 89 percent expenditure for senior services for ment for Public Health and the Ken- Today’s insurance actuaries are fore- of Kentucky counties. Those who last fiscal year from the Department

40 2009 Interim LEGISLATIVE RECORD Aging and Independent Living in the LRC Staff: DeeAnn Mansfield, mass index, blood pressure, vitamin Senator Pendleton added that Cabinet for Health and Family Ser- CSA; Miriam Fordham, Ben Payne, D concentrations, and heart attack health and wellness of staff in doc- vices show a total of $18 million in Jonathan Scott, Amanda Dunn, and risks of the participants. tor’s offices and hospitals would be a federal funds; $27.3 million in state Cindy Smith. Senator Denton asked about the good starting point, as well as start- funds; and $9.9 million in local con- The minutes of the October 21, deficiency of vitamin D in some par- ing with kids in schools. tributions. A total of 784,000 seniors 2009 meeting were approved with- ticipants. Dr. Brigham said it could Representative Moore agreed were served statewide. The depart- out objection. be due to dietary data, the use of that there is a need for change and ment sustained a $3.1 million bud- The first item on the agenda was sunscreen, and staying out of the noted that people are lacking the get cut in state funds, and at the end a Legislative Review of the FFY 2010 sun completely. will to change. Dr. Brigham said that of last fiscal year, there was a wait Community Mental Health Services Senator Denton asked if the more information is needed in order list of 20,000 individuals waiting for Block Grant. There was a motion by cost of the participant’s health care to focus on the things that work. services. Representative Owens, seconded by is looked at intervals of 6 months or Representative Meeks asked Mr. Kimbrough stated a 2007 Senator Carroll and adopted by voice one year down the road. Dr. Brigham how they got the information for AARP survey conducted shows 91 vote to approve the FFY 2010 Com- said they are looking at relationships the study. Dr. Brigham said they are percent of respondents in Kentucky munity Mental Health Services Block between risk status and data. They collecting data on socio-economic age 55 and older want to receive ser- Grant. are also viewing a lot of epidemio- status, dietary history, environment, vices and remain in their home as an The next item on the agenda was logic data. among other things. alternative to institutionalization. a Legislative Review of the SFY 2010 Senator Denton asked about the Representative Housman enter- Kentucky ranks 37th in the nation on Substance Abuse Prevention and cost per year per participant. Dr. tained a thought about a study group how money is spent in Medicaid on Treatment Block Grant. There was Brigham said the cost is $2,500 per of younger people, since usually by institutions and in-home services, a motion by Representative Owens, year, but that cost is subsidized by the time children reach the age of with the highest amount spent on seconded by Senator Carroll, and ad- the university. 18, bad habits are already in place. institutions. According data from the opted by voice vote to approve the Representative Glenn asked Dr. Brigham commented that there is Centers for Medicare and Medicaid SFY 2010 Substance Abuse Preven- what other sources of vitamin D are. currently a study being done of col- Services, in 2007, out of $1 billion, tion and Treatment Block Grant. Dr. Brigham said good sources are lege freshman at Emory University Kentucky spent 81 percent on insti- The next item on the agenda found in green, leafy vegetables. He and he noted that starting young is tutional care for elders and people was a presentation regarding a model also noted that obesity risks are as- the key. with non-intellectual disabilities. of health care delivery by Kenneth L. sociated with a decrease in vitamin Representative Housman asked Other states have put more Medic- Brigham, MD, Associate Vice Presi- D. for a presentation from Kentucky’s aid dollars into home and commu- dent, Health Affairs, Director, Pre- Representative Glenn asked if higher education universities on nity based services. The hope is that dictive Health Institute, Vice Chair other states are using this program. what they are doing, as well as what as the General Assembly starts to for Research, Department of Medi- Dr. Brigham said there are no other is being done at the pediatric level in adopt the budget for the next bien- cine, Director, CTRLung, Associ- programs exactly like their program. Kentucky. Senator Denton said that nial, language will be looked at that ate Director for Research, McKelvey Senator Stine asked if this pro- Kentucky schools have testified be- will strongly encourage the cabinet Lung Transplant Center. Dr. Brigham gram is changing how things are fore and they will be back again. She to do more in a formal and delibera- said the Center for Health Discovery taught in medical school and if there noted that Dr. Brigham was asked to tive manner to move to doing home and Well Being has a new approach is a holistic approach being used. testify because the wellness program and community based services for to sustaining health. They have a Dr. Brigham said to some degree it is so different and there is not anoth- our elders and our individuals with unique environment (non-clinical at- is changing and includes more at- er program of its kind anywhere. disabilities. mosphere, customer oriented, high tention to the whole person and to The last item on the agenda was There being no further business, tech – high touch), a translational health and wellness. a presentation on the Underwood and a motion to adjourn at 4:25 p.m. was interaction (research findings & par- Senator Stine asked if insurance Lee Clinic and Brigham ICF/MR Group made by Senator Buford, seconded ticipant biomarkers) and have a “pre- companies or employers are buy- Homes by Donovan Fornwalt, Direc- by Representative Brinkman, and ap- dictive health partner” concept. In ing into paying for this concept. Dr. tor of Governmental Affairs, Council proved by voice vote. regard to the health partner concept, Brigham said they are not yet, but on Mental Retardation; Carol Muel- Dr. Brigham said that time constraints there are a couple looking into it as a ler, President, Central State Bingham INTERIM JOINT COMMITTEE in usual medical care settings do not possible pilot project. ICF/MR Family Group; Matt Holder, ON HEALTH AND WELFARE permit adequate education, motiva- Representative Lee noted that MD, MBA, CEO, Underwood and Lee Minutes of the 5th Meeting tion, and other interactions for opti- we are a nation that treats diseas- Clinic; and Henry Hood, DMD, Direc- of the 2009 Interim mal outcomes. Health coaches have es instead of preventing them. He tor of Clinics and Research, Under- November 18, 2009 improved management of diabetes wanted to know how to motivate wood and Lee Clinic. Mr. Fornwalt The 5th meeting of the Interim and hypertension. Wellness coaches people who are in entitlement pro- made introductory comments for the Joint Committee on Health and Wel- help healthy people improve weight, grams, such as Medicaid, to be part panel. Ms. Mueller updated the com- fare was held on Wednesday, Novem- fitness and general health. “Health of a pilot project, that will stay well, mittee on the state of the Central ber 18, 2009, at 1:00 PM, in Room partners” partner with participants and if incentives will be offered. He State Bingham Center Family Group. 129 of the Capitol Annex. Senator to optimize healthy lifestyle choices noted that people’s lifestyles need She noted that next spring they will Julie Denton, Chair, called the meet- and behaviors. Health partners do not to be changed and there needs to be be breaking ground for six new four- ing to order, and the secretary called deliver medical care. They conduct a focus on wellness and prevention. bedroom homes and a comprehensive the roll. surveys and complete more than 50 Dr. Brigham said that there has to be clinic. She discussed changes that Present were: different laboratory tests for known an individual component, with focus have been happening at the Bingham Members: Senator Julie Denton, biomarkers, as well as research bio- on how individuals behave. If there Center over the past ten years, the Co-Chair; Senators Julian M. Carroll, markers. They also complete health is a culture change, behaviors will change in employees, as well as the Perry B. Clark, Joey Pendleton, Ka- assessment reports, which are a change. change in resident population. She tie Kratz Stine, and Jack Westwood; compilation of results from assess- Representative Wuchner noted said the Brigham Center is a violent, Representatives Jim Glenn, Brent ments, which include instructions that by 2018, 50 percent of Kentuck- volatile place where staff and resi- Housman, Joni L. Jenkins, Mary Lou about how to interpret them. In re- ians will be overweight. She added dent injuries are frequent. She noted Marzian, Reginald Meeks, Tim Moore, gard to Health Action Planning, Dr. that adding physical activity to ev- that due to the circumstances at the Darryl T. Owens, Ruth Ann Palumbo, Brigham said they collaborate with ery child’s day in school could make Bingham Center, the Family Group and Addia Wuchner. their predictive health partner, main- these statistics change. has lost faith in state operation. She Guests: Marty White and Bill tain participant empowerment & en- Representative Owens asked stressed that they would like support Doll for the Kentucky Medical Asso- gagement in goal setting and discuss when there will be data to indicate for a public-private partnership for ciation; Don Putnam for the Parent what this means for the participant. a cost savings. Dr. Brigham said the new Brigham relocation project. Group of Oakwood; and Jan Gould Dr. Brigham also shared data with data will not be available for about Next, Dr. Hood and Dr. Holder for the Kentucky Retail Federation. the committee relative to age, body 3 years. presented information on the Un-

THE KENTUCKY GENERAL ASSEMBLY 41 derwood and Lee Clinic. They said costs ( $1.5 million/year), and pro- munity Health Center; Lisbon Hardy, Living donations are becoming more The Underwood and Lee Clinic is a viding services to Bingham residents, American Diabetes Association; Kim normal because donations have not teaching clinic delivering comprehen- resulting in 25 percent savings. DeCoste, RN, MSN, CDE, American increased. Dr. Herberth stated that sive dental services to approximately Representative Lee noted that Association of Diabetes Educators anti-rejection medications are toxic nine-hundred patients with neuro- the work Drs. Holder and Hood do is (AADE), Director, Diabetes Center of to the kidney and a good kidney will development disorders and intellec- very critical. He said if the economy Excellence, Madison County; Gary L. only last approximately 13 years. tual disabilities, from over forty-five had not been so bad, there would be Kupchinsky, Department for Public Representative Marzian stat- Kentucky counties. Many of their pa- four clinics by now. He hopes to be Health, Cabinet for Health and Fam- ed that because kidney disease is a tients travel great distances to come able to continue to maintain the sys- ily Services; Clarissa Cook and Abby chronic disease, it makes trying to to their clinic. Some families travel tem everyone has worked so hard to Johnston, National Kidney Founda- remain employed very difficult. Di- as much as five hours each way to achieve. tion of Kentucky; and Gene Huff, alysis requires a person to come bring their loved ones to them and Dr. Hood thanked everyone who CHI. to the clinic three times a week for they are grateful for the services had worked so hard to help them get LRC Staff: Miriam Fordham, Gina three hours per session. Employers provided to them. Dental care has where they are today. He said that it Rigsby, and Jonathan Scott. or potential employers do not see been identified all across the coun- takes a team effort and that people The subcommittee met and them as dependable employees. She try as the single greatest unmet need can get better when the health care heard a presentation by Ms. Lisa All- said there is a four to six week recov- for Americans with intellectual dis- team works together and with their good, Dr. Johann Herberth, and Mr. ery time for an organ transplant, and abilities. The quantity of oral disease families. Andreas Price on a proposed kidney one way to allow someone to donate treatment at the Underwood and Lee Representative Lee asked every- disease task force to study and ad- an organ would be to allow time off Clinic is significant and the sever- one to remember that these indi- dress chronic kidney disease. Kidney from work with pay. ity of that disease is significant, as viduals deserved to live in residential disease strikes one in nine Kentuck- Representative Carney asked well. The access problem for people settings and supports need to be in ians. The loss of kidney function is about the recommended age to start with neurodevelopment disorders is their counties so they do not have to associated with heart disease, stroke, screening. Dr. Herberth stated that a teaching problem. drive so many hours to get the medi- circulatory problems, and bone dis- the kidneys have developed by the Survey results concluded that cal attention that they need. ease. Diagnosing chronic kidney dis- time a baby is born. There are no 51 percent of dental graduates and The meeting was adjourned at ease, or CKD, at an early stage can recommended guidelines at the pres- 81 percent of medical graduates have 3:15 p.m. delay the onset of end stage renal ent. A doctor needs to listen to the not treated a patient with a neurode- disease. Mr. Price, a transplant re- patient and try to discover the at velopment disorder; and 75 percent INTERIM JOINT COMMITTEE cipient, stressed the importance of risk patients. Representative Carney admit feeling inadequately trained to ON HEALTH AND WELFARE education about the disease. asked if there were a way to bet- do so. The clinical care challenges are Subcommittee on Health Issues and Representative Marzian stated ter encourage more people to do- formidable and they are working hard Aging that kidney disease is a silent disease. nate. Ms. Allgood said that there are to try to solve this teaching problem. Minutes of the 2nd Meeting Everyone needs periodic screening 104,000 people on the waiting list for They noted that they have a very of the 2009 Interim in order to catch the disease in its organ transplants and over 80,000 well-developed predoctoral and post- October 21, 2009 early stages. It is very important for are waiting for a kidney transplant. doctoral teaching component at the The 2nd meeting of the Sub- someone to stay off dialysis as long Approximately 800 Kentuckians are Underwood and Lee Clinic. All senior committee on Health Issues and Ag- as possible. waiting for an organ transplant. dental students are required to com- ing of the Interim Joint Committee Senator Carroll asked if heritabil- The subcommittee next heard plete a sixteen-hour rotation through on Health and Welfare was held on ity is a concern about kidney disease. a presentation on diabetes in Ken- our clinic during their fourth year of Wednesday, October 21, 2009, at Dr. Herberth stated that approxi- tucky from Ms. Theresa Renn, Mr. training. Additionally, all thirty-five 11:00 AM, in Room 131 of the Capi- mately five percent of patients have Greg Lawther, and Dr. Baretta Casey. dental hygiene students are required tol Annex. Representative Mary Lou a medical history that could lead to Diabetes is the fifth leading cause of to complete a sixteen-hour rotation Marzian, Co-Chair, called the meet- kidney disease such as heart disease, death by disease in the state with at the clinic, as well. ing to order at 11:06 AM, and the diabetes, and high blood pressure. an estimated 14.3 percent of adults They are also providing clini- secretary called the roll. Senator Carroll asked where Ken- living with diabetes, both diagnosed cians and teachers from anywhere Present were: tucky ranked with kidney disease. and undiagnosed. In 2002, the esti- in the United States an opportunity Members: Representative Mary Dr. Herberth stated that it matches mated costs of treating the disease to enroll in their new Developmental Lou Marzian, Co-Chair; Senators Ju- smoking rates. were $2.9 billion per year. Dentistry Mini-Residency program. lian M. Carroll, Denise Harper Angel, A motion to approve the minutes The mission of the Kentucky They have focused research efforts and Jack Westwood; Representatives of the August 12, 2009, meeting was Diabetes Prevention and Control on solving the clinical problems that John “Bam” Carney, Ruth Ann Pa- made by Senator Carroll, seconded Program is to reduce the number of are the obstacles to the delivery of lumbo, and Addia Wuchner. by Representative Wuchner, and ap- new cases of diabetes and its compli- the standard of care to our patients. Guests: Lisa Allgood, Executive proved by voice vote. cations. The program is funded with In regard to their research, it has Director, National Kidney Founda- Senator Westwood asked about state and federal funds and works been published in book chapters and tion of Kentucky; Johann Herberth, proteinuria. Dr. Herberth stated that through a number of public and pri- monographs in the United States, MD, PhD, MPH, Chief, Nephrology if certain diseases are diagnosed early, vate partners. The program’s new- Germany, Great Britain and Japan. Service, Veterans’ Administration it prevents some patients from hav- est initiative is the Diabetes Centers Their research program won seven re- Medical Center, Lexington; Andreas ing to have dialysis. Senator West- of Excellence launched with funding search awards in its first five years in Price, Kidney Transplant Recipient; wood asked if the Cabinet for Health provided by the General Assembly. existence. They are currently devel- Theresa A. Renn, RN, CDE, Direc- and Family Services required this The goal of the program is to improve oping three separate research manu- tor, Kentucky Diabetes Prevention screening. Senator Westwood asked outcomes and decrease costs among scripts examining everything from and Control Program, Cabinet for Mr. Price if he was still on dialysis. adult Medicaid recipients with diabe- early detection of gastroesophageal Health and Family Services; Greg Mr. Price said he was not. Transplan- tes. The centers are located in six sites reflux disease in this population to Lawther, Advocacy Chair, Kentucky tation is not a cure. He takes drugs and cover 30 counties. The centers the Medicaid costs associated with Diabetes Network; Baretta R. Casey, to make his body not reject his new have shown positive outcomes with untreated oral disease. M.D., MPH, FAAFP, Chair, Kentucky kidney. The best case scenario is to significant improvements in meeting The Underwood and Lee Clinic Diabetes Research Board, Director, get a healthy kidney; take the anti- standards of care. The Kentucky Dia- saves the Commonwealth money University of Kentucky Center for rejection drugs so your body will not betes Network is a statewide non- (greater than 100 percent annual re- Excellence in Rural Health, Profes- reject the kidney; and be able to keep profit working on diabetes issues. turn on investment) with decreased sor, University of Kentucky College the kidney for as long as possible. Dr. Dr. Casey reported on the ac- utilization of emergency services, of Medicine, Vice Chair, Department Herberth stated there are approxi- tivities of the Kentucky Diabetes Re- decreased polypharmacy (over-medi- of Family and Community Medicine, mately 70,000 patients on dialysis search Board which was established cation), decreased end-stage dental East Kentucky Campus, University in the United States and only 24,000 by the legislature in 2004. The goal of care costs, decreased operating room of Kentucky North Fork Valley Com- renal transplants performed annually. the board is to establish Kentucky as

42 2009 Interim LEGISLATIVE RECORD an authority on the advancement of rology, and Director, Stroke Program, lent in Eastern Kentucky. Dr. With- Minutes of the 3rd Meeting diabetes research by funding research University of Louisville and Dr. Patrick row said it is more prevalent and of the 2009 Interim on diabetes. The board will complete Withrow, Co-Chair, Kentucky Heart there is more mortality occurring in September 4, 2009 reviews of the funded projects at the Disease and Stroke Task Force, Vice Eastern Kentucky. The 3rd meeting of the Interim end of the two-year grant cycle. The President and Chief Medical Officer, Representative Marzian asked if Joint Committee on Judiciary was board’s annual funding of $200,000 Heart Center, Western Baptist Hospi- all hospitals have access to the TPA held on Friday, September 4, 2009, at was cut for 2008. The funds have tal, and Tonya Chang, for the Ameri- stroke drugs. Dr. Remmel said most 10:00 AM, Central time in Hopkins- been depleted and no further grants can Heart Association. They reported rural hospitals have TPA available ville, KY. Representative John Tilley, can be made. Without restoration of that cardiovascular disease, or CVD, and stressed that it must be used ap- Chair, called the meeting to order, funding, the research board will dis- is common, costly, deadly, and poses propriately. and the secretary called the roll. solve in 2010. a major public health problem. Heart Senator Carroll asked if the first Present were: disease ranks as the leading killer in line of defense for stroke patients is Members: Representative John The subcommittee also heard Kentucky while stroke ranks as the EMS. Dr. Remmel said first the pa- Tilley, Co-Chair; Senators Perry B. testimony from Ms. Lisbon Hardy third leading killer of Kentuckians. tient must recognize the symptoms Clark, Carroll Gibson, Ray S. Jones and Ms. Kim DeCoste. Ms. Hardy The statistics on heart disease of stroke and then call 911 for help. II, Gerald A. Neal, Mike Reynolds, stressed the importance of appropri- and stroke in the state show that Senator Carroll asked if there has Jerry P. Rhoads, Dan “Malano” Seum ate care for those living with the dis- Kentucky has a high prevalence of been a lot of training for EMS workers and Jack Westwood; Representatives ease, particularly in school settings. CVD risk factors including smoking, on stroke symptoms and treatment. Johnny Bell, Tom Riner and Steven Ms. DeCoste explained that diabetes high cholesterol, high blood pressure, Dr. Remmel said the task force trains Rudy. educators specialize in training dia- overweight and obesity, diabetes, EMS workers on stroke, what they Guest Speakers: Sen. Mike Reyn- betes patients in self care behavior poor diet, and low levels of physical are, and how to treat them. She not- olds and Warren County District changes. activity. Kentucky’s death rate from ed that Kentucky is in much better Judge Sam Potter; J. Michael Brown, Representative Marzian asked if cardiovascular disease, heart disease, shape than ten years ago on treating Secretary of the Justice and Public other states license diabetes educa- and stroke is higher than the national stroke patients. Safety Cabinet and Charles Geveden, tors, and Ms. DeCoste said no. average. Over $2 billion was billed in Senator Westwood asked what Deputy Secretary of the Justice and Senator Harper Angel stated hospital charges for CVD, $2 billion the primary obstacles are to get- Public Safety Cabinet; David Ogles that she would file legislation relat- for heart disease, and $300 million ting more certification from the Joint and Kelly White, former Deputy ing to menu labeling and Representa- for stroke. Commissions. Dr. Remmel said many Commissioner, Department of Cor- tive Wuchner stated that she, along There are not many certified times they cannot get the stroke rections; David Jolly, Director, Ten- with Representative Burch, would primary stroke centers in Kentucky. teams together. Many counties have nessee Valley Authority Police and file legislation relating to physical A primary stroke center is a hospi- no neurologists and that can be a Nancy Mitchell, Manager, TVA Rela- activity. They hoped that both pieces tal that can see and provide care to major obstacle. Tonya Chang noted tions; Michael Meeks, Kentucky Al- of legislation would give Kentuckians stroke patients. The goal is have that meeting staffing requirements is ternative Programs; Angela Criswell, more knowledge and control over more primary centers certified in the a primary obstacle. Bluegrass Prevention Center and Ste- their health decisions. state to improve the level of care for Senator Westwood asked how phen Contos, Kentucky Alternative There being no further business, stroke victims. many commissioned stroke centers Programs. a motion to adjourn at 12:20 p.m. Kentucky’s Heart Disease and there are in Kentucky. Dr. Remmel LRC Staff: Norman Lawson, was made by Representative Carney, Stroke Prevention Program works to said only the University of Kentucky Committee Staff Administrator; Jo- seconded by Representative Wuch- prevent and control heart disease and the University of Louisville. anna Decker, Jon Grate and Carolyn ner, and adopted by voice vote. with a funding grant provided by the Senator Westwood asked about Gaines. Centers for Disease Control and Pre- self-proclaimed stroke centers. Dr. Representative Tilley called the INTERIM JOINT COMMITTEE vention (CDC). Among the program’s Remmel said she does not support meeting to order, the roll was called, ON HEALTH AND WELFARE most recent accomplishments is the self-proclaimed stroke centers. She and a quorum was not present. Chief Subcommittee on Health Issues and formation of a Heart Disease and noted that surveys went out to these Circuit Judge John Atkins welcomed Aging Stroke Prevention Task Force. The hospitals and many did not even meet the committee to the Justice Center Minutes of the 3rd Meeting task force has launched a number of basic compliance for stroke care. and commented that this was the of the 2009 Interim initiatives since it was established, Senator Westwood asked if EMS first time that the Judiciary Commit- November 18, 2009 including garnering an endorsement workers can administer TPA. Dr. tee had met in Hopkinsville. Judge The 3rd meeting of the Subcom- by the Kentucky Board of Emergency Remmel said that it is administered Atkins then introduced various local mittee on Health Issues and Ag- Medical Services (EMS) to develop only in hospitals because a Cat scan officials including the County Judge ing of the Interim Joint Committee statewide stroke protocols and stan- must be done first to determine what Executive, Mayor, and other judges on Health and Welfare was held on dardized training for EMS profession- type of stroke the patient has had, who were in attendance at the meet- Wednesday, November 18, 2009, at als, establishing the Kentucky Stroke and then appropriate care can be ren- ing. Senator Seum introduced Sena- 11:00 AM, in Room 129 of the Capi- Registry and the Stroke Encounter dered. tor Ken Winters and Senator Joey tol Annex. Representative Mary Lou Quality Improvement Project, and re- Representative DeWeese noted Pendleton who were in attendance Marzian, Chair, called the meeting ceiving Tele-Stroke Grant award from that the education of the general at the meeting. Representative Bell to order, and the secretary called the the CDC. public on stroke signs, symptoms, introduced David Ogles of the Jail roll. The program has identified two and treatment is very important. He Tracker organization and Chief Dis- Present were: policy goals for the upcoming legis- said emphasis needs to be on calling trict Judge Sam Potter from Warren Members: Representative Mary lative session. The prevention pro- EMS, not taking a possible stroke vic- County. Lou Marzian, Co-Chair; Senators Ju- gram would like to apply for the next tim to the hospital emergency room The first speakers were Sena- lian M. Carroll, and Jack Westwood; level of CDC funding grant which by car. He also asked if the panel tor Reynolds and Judge Sam Pot- and Representatives Bob M. De- would provide $1 million in funding had presented its need for $200,000 ter, Chief District Judge in Warren Weese. for prevention efforts but requires a to the Appropriations and Revenue County Judge Potter spoke about 3 LRC Staff: Miriam Fordham, one to five state match. Kentucky Committee. Tonya Chang said that topics. The first was problems which Jonathan Scott, Amanda Dunn, and needs $200,000 in state funds to they had spoken to individual mem- have been caused by provisions in Cindy Smith. apply. Stakeholders would like to bers, but not to the committee as a 2009 RS HB 369 which increased The subcommittee heard testi- have Kentucky’s match of $200,000 whole. the felony theft limit from $300 to mony on Cardiovascular Disease in included in the state’s budget ap- The meeting was adjourned at $500 but which included a provi- Kentucky by Dr. Kerri Remmel, Co- propriation. The program would also 11:50 a.m. sion that a person who was ordered Chair, Kentucky Heart Disease and like to have legislation to recognize to make restitution for a theft could Stroke Task Force, Associate Dean for primary stroke centers in the state. INTERIM JOINT COMMITTEE not have a driver’s license until the Clinical Development and Regional- Representative Marzian asked if ON JUDICIARY restitution was paid in full. The bill ization, Assistant Professor of Neu- cardiovascular disease is more preva- contained a provision for a hardship

THE KENTUCKY GENERAL ASSEMBLY 43 license. Judge Potter, who indicated 3. Inmates set fire to these buildings it is more difficult to control inmates contract with the Corrections Cor- that he was speaking for the District and to the food service building, the in such a setting. Senator Gibson poration of America expired and the Judges Association on this matter, canteen, the medical building, the observed that there were 34 employ- state extended the contract tempo- commented that a person who had visiting building, and various other ees on duty at the time the incident rarily without full renewal according written bad checks, then had their facilities. Secretary Brown indicat- started and asked how long the war- to Secretary Brown. Speaker Stumbo driver’s license suspended, could not ed that the inmates in dorm 5, the den had been there. Secretary Brown and various other legislators sent a get to work to pay the required resti- honor dorm exited their dorm and answered that the number of em- letter to the Governor requesting tution and that the provisions for the stood in front of cameras to prove ployees was slightly above normal that the contract with the Correc- hardship license were difficult to im- that they were not involved in the and that the warden had been there tions Corporation of America not be plement and administer. Judge Pot- disturbance. Secretary Brown indi- for a couple of years. Senator Gibson renewed. Secretary Brown indicated ter commented that many of these cated that a core group of 50-60 in- asked if extra personnel were normal that he has sent a letter to the Cor- persons would simply drive anyway mates were involved in the arson and during a lock down to which Secre- rections Corporation of America and without a license and without insur- disturbances. The outer perimeter tary Brown answered, yes. When to Speaker Stumbo detailing the de- ance. Then if the person ran a stop of the facility, outside the fence, was asked about current conditions, Sec- mands of the Department of Correc- sign and were cited that extra police, secured by the Kentucky State Police retary Brown indicated that the in- tions which include: hiring a female prosecution, defense, court, and jail and local police while the inner pe- mates were being fed sack lunches director of security, female staff and expenses would be involved and the rimeter was secured by Department and fast food as part of a temporary officers providing direct supervision restitution still would not be paid. of Corrections emergency response food service with the intention of of inmates, female security staff ratio Judge Potter suggested that the teams. The old hospital buildings providing better meals as soon as of 40% or greater, conduct and imple- proper remedy for failing to pay res- were outside the fence and were not possible. When asked if the 700 ment an action plan with increased titution was contempt of court, not damaged in the fire. The buildings prisoners moved to other state and use of cameras to cut down on inci- the procedure demanded by HB 369. that were damaged by the fire were private facilities have overcrowded dents which is approved by the De- Representative Tilley commented largely destroyed and will have to be those facilities, Secretary Brown re- partment of Corrections, uniform re- that loss to retail merchants through demolished and rebuilt. sponded, yes. Senator Westwood porting of any and all sexual contact, theft and bad checks was $22 million Secretary Brown observed that asked if insurance would pay 100% and follow the PREA standards. Sec- per year. Judge Potter commented the disturbance began about 6:30 of the cost of replacing the build- retary Brown observed that the state that the present law makes extra PM, that fire departments responded ings and facilities to which Secretary does not have the facilities to house work for circuit clerks and indicated promptly but were prevented from Brown responded that this is cur- these female inmates if the private that there were two solutions to the making close entry to extinguish fires rently the subject of negotiation but facility closes and that housing the problem. One was to make the loss until after the inmates were con- that insurance should pay the basic female inmates in jails is not practi- of license permissive and the other trolled, firefighting was done from costs plus transportation costs. Sec- cal since county jails were not built was to eliminate the loss of license outside the perimeter fence. Secre- retary Brown indicated that all new to house female inmates. Senator provision entirely. Of these choices, tary Brown indicated that approxi- construction will meet current build- Westwood asked if the 7 story build- Judge Potter indicated, that the Dis- mately 700 inmates were moved ing and fire code standards but that ing at Northpoint could be renovated trict Judges Association preferred early in the morning of the next day current prison facilities, built under to house female inmates to which elimination of the provision entirely. to other state and private prison fa- old codes, do not contain sprinklers. Secretary Brown indicated that reno- The second problem cited by cilities and 482 inmates remained at Secretary Brown then presented vation of the building will cost $14 Judge Potter was the problem of ju- Northpoint in existing dorms. Secre- a report on the situation at the Otter million and take several years. When risdiction between the Family Court tary Brown indicated that the priority Creek private prison which is oper- asked if Corrections Corporation of and the District Court in the issu- for replacement of buildings will be ated by the Corrections Corporation America will accept the state’s new ance of domestic violence restraining to replace the food service and medi- of America and which has been the demands for a new contract Sec- orders. Judge Potter cited a situation cal buildings which may be larger subject of recent complaints about retary Brown indicated that he felt where family court issues against a than the previous buildings and will sexual assaults by guards on the fe- they would. juvenile, the juvenile then slaps his be built to the current building and male inmates at the facility. Citing Secretary Brown then introduced mother and the case then goes back fire codes. Secretary Brown indicated the need to comply with the federal Deputy Secretary Charles Geveden to juvenile court. Judge Potter sug- that insurance will cover part of the Prison Rape Elimination Act, Secre- and urged the committee members gested that the family court be per- cost of rebuilding but may not cover tary Brown indicated that the facility to read the bills proposed as part of mitted to handle these cases as well. the cost of enlargement of the build- had two buildings, one which housed the cabinet’s legislative agenda for The third problem cited by Judge ings and that at present there is no Hawaii inmates and one which the 2010 session which have been Potter involves the newly designed estimate of costs involved or a time housed Kentucky inmates. Secre- provided in the member’s folders. E-citations. When a police officer line for completion of the new build- tary Brown observed that assaults The next speaker was Mr. Da- issues an E-citation, even for a pre- ings. Secretary Brown indicated that against Hawaii inmates were not re- vid C. Ogles of the JailTracker pro- payable offense, the citation auto- the Friday incident may have been ported to Kentucky even though the gram of the Digitech Corporation in matically generates a court date. The the result of an incident on Tuesday facility is located in Kentucky. Fol- Glasgow, Ky. Mr. Ogles presented problem is that people show up for when a gang of Hispanic inmates at- lowing inmate complaints, Secretary a powerpoint presentation in which court and do not prepay the citations tacked other inmates which resulted Brown explained, Hawaii has moved he indicated that the JailTracker pro- thus taking court time and their own in the prison being “locked down”. its female inmates to prisons in other grams are designed to do more with time when this is unnecessary. Judge The lock down was being eased on states. less manpower in handling web en- Potter suggested that the citation be Friday and controlled movement of Secretary Brown observed that abled reporting and information han- redesigned to properly reflect how a inmates was being permitted when the incidence of incidents reportable dling, automation of repetitive tasks prepayable citation should be han- the incident occurred. and actionable under the Prison Rape such as cell checks, integration with dled and that if the citation is prepaid Representative Bell observed Elimination Act were much higher external systems, and integration that a court appearance is unneces- that he has heard for years about at Otter Creek than they are at the of systems between jails using the sary. Judge Potter urged legislators conditions at Northpoint and indi- Kentucky Correctional Institution for JailTracker system. Part of the sys- to talk to judges about bills that af- cated that he wanted a full after ac- Women, the state operated facility tem is designed to provide financial fect them during the legislative pro- tion report on the incident. Secretary for females, that the ratio of female management systems which provide cess so that some of these problems Brown responded that Northpoint is correctional officers was much high- double entry accounting, proper al- might be avoided. a medium security prison where the er at the state facility, and there were location of deposits and fees, auto- The next speaker was Justice criteria for being sent there is inmate allegations that staff at Otter Creek mated collection of fees, and agency and Public Safety Cabinet Secretary behavior, that Northpoint like most who had complaints filed against billing and allocation. The system J. Michael Brown. Secretary Brown older prisons has open bay dorms them in the Hawaii dorms were also provides risk management such presented a detailed explanation of which are double bunked, lacked transferred to Kentucky dorms with- as alerts on inmates which would in- how the disturbance began in dorm sprinklers, and the only actual cells out telling Kentucky of the previous form a jail taking an inmate of any 6, spread to dorm 2 and then to dorm are in the segregation unit, and that complaints. During this period, the prior problems and special needs the

44 2009 Interim LEGISLATIVE RECORD inmate had previously, tracking and law. Senator Jones commented that interlock devices in Kentucky reflects ciation; and Hon. Kirk Tolle, Mason documentation of incidents, and the TVA police already had Kentucky a lack of demand for the devices and County Circuit Clerk, President, Ken- similar matters. Mr. Ogles indicated jurisdiction to operate in counties in that providers will increase the num- tucky Association of Circuit Court that in one jail alone 9 man hours which TVA owned property. Rep- ber of service points, that rental of an Clerks. per day were eliminated in answering resentative Bell commented that he ignition interlock device costs about LRC Staff: Norman W. Lawson, questions from attorneys, families, was concerned about extending Ken- $3 per day with an installation fee CSA; Ray DeBolt, Jon Grate, Joanna and others as to who was in jail and tucky jurisdiction to federal officers ranging from $50 to $150, described Decker, Carolyn Gaines, and Christy what they had been charged with and asked if other states in which how the devices work to prevent sub- May. since the JailTracker system provides TVA operates do not provide state- verting the device, and indicated that Senator Stivers called the meet- this information on-line through the wide jurisdiction to which Mr. Jolly eight device manufacturers are pres- ing to order, a quorum was present, internet so that all a person has to replied that Kentucky and Georgia do ently approved by Kentucky. Senator and the minutes of the August and do is go to the jail website to find not provide such jurisdiction. Rep- Clark indicated that Kentucky needs September meetings were approved. the information rather than having resentative Riner commented that to reduce other causes of accidents The first speaker was Dr. Doug Whit- a jail employee search the records to when these issues have come up in as well as driving under the influ- lock, President of Eastern Kentucky find the information. Mr. Ogles indi- the past that he has included a ques- ence. Senator Jones indicated that University who complimented Sena- cated that the company was founded tion to his constituents as to whether in the past he has supported a drug tor Stivers on his vision and support in 1988 and has been serving the or not they favored giving federal of- driving bill and supports DUI legisla- for the building in which the com- public safety market since 2002, that ficers Kentucky jurisdiction and that tion. Senator Neal asked if the pro- mittee meeting was held. President about 1/2 of the jails in Kentucky ei- the response was an overwhelming, posed legislation would create a mo- Whitlock then proceeded to stress ther have JailTracker programs in ef- no. Other members commented that nopoly to which Mr. Meeks replied, the mission of the university as stu- fect or in the process of installation the state can exercise control over no. Senator Seum asked if everyone dent success, regional stewardship, and that the programs are in use in 5 Kentucky officers but cannot do so if using the vehicle would have to blow and use of a quality enhancement other states. Kentucky grants jurisdiction to fed- into the device whether they were plan. President Whitlock then de- The next speakers were Nancy eral officers and that federal officers the convicted drunk driver or not scribed the recent academic success- Mitchell and David Jolly, upcom- have in the past overstepped their to which the reply was, yes. Other es of the university. ing Director of the Tennessee Valley jurisdiction. legislators asked if the legislation The next speaker was Chief Jus- Authority police who spoke in favor The next speaker was Ms. An- applied to all vehicles owned by the tice John D. Minton, Jr. of the Su- of a bill which will be sponsored by gela Criswell of the Bluegrass Pre- drunk driver to which the response preme Court of Kentucky, accompa- Senator Winters, previously present- vention Center, accompanied by was, yes. Representative Tilley indi- nied by Ms. Laurie Dudgeon, Director ed to the General Assembly, to give Stephen Contos of Kentucky Alter- cated that there should be a provider of the Administrative Office of the full state-wide police authority to native Programs which rents igni- of interlock devices and service for Courts. Justice Minton introduced the TVA police. Mr. Jolly spoke of a tion interlock devices to drivers and interlock devices within 50-75 miles judges and other persons who would court case in which a TVA police of- Michael Meeks, legislative agent for of each driver. be speaking to the committee and ficer stopped a person for driving un- Kentucky Alternative Programs who The meeting was adjourned at recognized other judges and circuit der the influence, called the Benton spoke in favor of the House Commit- 12:20 PM, Central time. clerks in the audience. Police to take the person to jail, and tee Substitute for 2008 RS Senate Justice Minton proceeded with then had the court dismiss the case Bill 34 which required the installa- INTERIM JOINT COMMITTEE his “state of the judiciary” report in because the TVA police officer had tion of ignition interlocks with driver ON JUDICIARY which he described recent successes no authority to stop the driver in the recognition features on all vehicles Minutes of the 4th Meeting in the court system as completing situation. Mr. Jolly observed that the owned by a person convicted of DUI. of the 2009 Interim efforts made to satisfy bonding re- TVA police can be a valuable back- Ms. Criswell, citing statistics from October 2, 2009 quirements for new judicial build- up for rural police, and can respond the Mothers Against Drunk Drivers The 4th meeting of the Interim ings under construction throughout more rapidly in some instances be- organization, indicated that eleven Joint Committee on Judiciary was the state, securing a bonding opin- cause they may be nearer to the inci- states require first time convicted held on Friday, October 2, 2009, at ion, and settlement agreements with dent. Mr. Jolly indicated that the TVA drunk drivers use ignition interlocks, 10:00 AM, in Manchester, KY. Sena- contractors which have resulted in all police all must complete the Federal that ignition interlock requirements tor Robert Stivers II, Chair, called the construction projects being properly Land Management police training of- in New Mexico reduced drunk driv- meeting to order, and the secretary bonded. Justice Minton announced fered by the Federal Law Enforcement ing recidivism by 65% since 2002, called the roll. that construction of new court facili- Training Center at Glyncoe, Georgia. that alcohol involved crashes are Present were: ties in the current six-year plan will Mr. Jolly asserted that the Federal down by 31%, and that fatalities are Members: Senator Robert Sti- be placed on hold until the economy Law Enforcement Training Center is down by 38%. Ms. Criswell further vers II, Co-Chair; Senators Perry B. improves. Justice Minton described “internationally accredited”. Mr. commented that the New Mexico Clark, Ray S. Jones II, Mike Reynolds, as painful the recent elimination of 47 Jolly called attention to a list of Ken- program cost a driver $2.25 per day John Schickel, Dan “Malano” Seum, positions at the headquarters of the tucky law enforcement agencies and but that for every dollar invested in and Katie Kratz Stine; Representa- Administrative Office of the Courts groups which supported the legisla- an ignition interlock the public saves tives Jesse Crenshaw, Kelly Flood, which will result in a savings of $4.5 tion. Representative Rudy asked if $3. Ms. Criswell commented that in Stan Lee, Mary Lou Marzian, Harry million and warned that, in order to the Kentucky State Police supported Kentucky the State Police estimate Moberly Jr., Darryl T. Owens, Tom Ri- meet the judicial branch budget defi- the legislation to which Mr. Jolly the economic cost of alcohol related ner, Steven Rudy, and Brent Yonts. cit, further cuts in personnel may be indicated that the Kentucky State crashes in 2007 was $326 million and Guests: Dr. Doug Whitlock, necessary because 87% of the Court Police helped in preparing the lan- that including quality of life losses President, Eastern Kentucky Univer- of Justice budget consists of person- guage for the bill. Senator Winters the cost to Kentucky and taxpayers sity; Hon. John D. Minton, Jr., Chief nel costs. Justice Minton reported indicated that Western Kentucky is was over $1 billion. Ms. Criswell in- Justice of Kentucky; Hon. Sara W. that the courts are in the process of short of law enforcement personnel dicated that revoking a drunk driver’s Combs, Chief Judge, Kentucky Court filling 28 judicial vacancies result- and that the bill is needed. Senator license was ineffective and that 50% of Appeals; Hon. Thomas J. Clark, ing from recent retirements and the Jones asked if the Federal Law En- to 75% of drunk drivers continue to Chief Regional Circuit Judge, 22nd sunsetting of the Senior Status Judge forcement Training Center provided drive without a license. Mr. Contos Judicial Circuit, Fayette County, Past program. Justice Minton observed training on Kentucky law to which of Kentucky Alternative Programs President, Circuit Judges’ Associa- that 17 vacancies have already been Mr. Jolly responded that it did not do distributed a sheet of information tion; Hon. Larry E. Thompson, Fam- filled but that since some of the Cir- so but that the agency provided this which he indicated dealt with com- ily Court Judge, 35th Judicial Circuit, cuit Court vacancies were filled by training. Senator Jones explained ments made during the 2009 regular Pike County, President, Circuit Judges’ District Judges appointed to the Cir- that he was concerned about provid- session with regard to objections to Association; Hon. Karen A. Thomas, cuit Court bench, that 3 additional ing federal law enforcement officers SB 34’s House Committee Substitute. Chief Regional District Judge, 17th vacancies were created and that there with Kentucky jurisdiction when Mr. Contos indicated that the cur- Judicial District, Campbell County, are now 13 vacancies remaining to be they were not trained on Kentucky rent lack of service points for ignition President, District Judges’ Asso- filled. Justice Minton reported that

THE KENTUCKY GENERAL ASSEMBLY 45 not filling the vacancies and utilizing no decision had been made. six months of its filing. Judge Combs tory custodial investigations, Judge 67 retired judges who are participat- Senator Jones asked the Chief observed that the first concern of the Thompson indicated that he knew ing in the Senior Status Judge pro- Justice to look into several prob- court is for quality of its work prod- of one court that did so but that the gram had saved the state $3 million. lems, the first of which was the uct with the second concern being costs were about $1,500 per case. Justice Minton observed that more of failure of the ethics hotline person- speed, and that family matters are on Senator Jones praised the work that the Senior Status Judges are reaching nel of the Kentucky Bar Association a fast track with the court. Senator Judge Thompson has done in Pike their service limit and that by 2011 to deal promptly with and in some Reynolds commented that his father County. Senator Seum asked why very few judges will still be partici- cases not answer ethics questions had the honor of serving on both the acts of domestic violence are tried pating in the program. asked by lawyers and observed that Court of Appeals and the Supreme in normal District Court and Circuit Representative Moberly asked the Bar Association is more punish- Court. Court when domestic violence orders the Chief Justice if he had heard con- ment-oriented than helpful in eth- The next speaker was Pike Fam- are handled in Family Court, to which cerns from prosecutors that the use ics matters. Senator Jones observed ily Court Judge Larry Thompson, Judge Thompson responded that do- of Senior Status judges that prosecu- that lawyers who want to be ethical President of the Circuit Judges Asso- mestic violence orders are civil in na- tors needed more funding to handle and seek advice from the Bar Asso- ciation. Judge Thompson indicated ture and actual acts of domestic vio- the cases assigned to Senior Status ciation are not receiving that advice. that there are 51 Family Court Judges lence are criminal in nature, such as judges. Justice Minton responded The second problem that Senator serving in 35 circuits who are elected assaults which must be tried in Dis- that he had heard these concerns Jones addressed was that of lawyer for a term of eight years and that the trict Court if misdemeanors and in and the concerns of public defenders advertising, particularly soliciting Family Court is a hybrid court in that Circuit Court if felony assaults, this and Circuit Clerks of a similar nature clients the day after an accident or it handles cases traditionally handled means that persons end up in two and that the use of Senior Status other incident along with solicitation by the District Court and the Circuit different courts with two different judges to dispose of cases required by chiropractors and others. Solicit- Court in cases where family mat- lawyers. Judge Thompson explained sensitivity and the cooperation of all ing a day after the wreck is a perva- ters are involved. Judge Thompson that for violation of a Domestic Vio- involved. Justice Minton commented sive problem, and lawyer advertising explained that the objective of the lence Order the person who was the that the assignment of Senior Status in the media “makes a joke of what Family Court is that it handles in one petitioner in the case has an option to judges to these cases was not just we do,” Senator Jones commented. court all matters related to the fam- seek contempt of court in the Family to create work for the judges but to Justice Minton responded that the ily which used to be handled by the Court where the judge can sentence make certain that cases were handled ethics matter at the Bar Associa- District Court and the Circuit Court, a person to 180 days in jail or the in a prompt manner. Justice Minton tion would be looked into but that sometimes with differing results. matter can be handled in the District reported that 1.2 million cases were he was proud of the establishment of Judge Thompson indicated that in Court as a misdemeanor where the filed in the courts. the ethics hotline and that ethics is a 2004, Family Courts had 102,000 judge can sentence a person to up to Justice Minton then described matter of complexity. Justice Minton case filings while so far in 2009 there 12 months in jail. the Supreme Court as the state court promised to bring the matter to the have been 112,000 case filings for a Representative Moberly indi- of last resort and the final interpret- Bar Association’s attention. With 9.5% increase in case filings. Pike cated that many Family Courts have er of Kentucky law. He said the Su- regard to the matter of lawyer adver- Family Court disposed of 1,119 cases truancy court programs in conjunc- preme Court hears all appeals from tising, Justice Minton responded that last year, and the goal of Pike Family tion with local schools and that the Circuit Court resulting in crimi- much regulation of lawyer advertis- Court has been to reduce the time to these programs have cut truancy nal cases where the death penalty is ing has First Amendment free speech handle such cases from one year to dramatically which has resulted in an imposed, a life sentence is imposed, implications and that many restric- 90 days. increase in state funding for schools or a sentence of 20 years or more is tions on lawyer advertising had been Judge Thompson indicated that, since state school funding is based imposed, and that all other appeals overturned by the Supreme Court of although there has been an increase on attendance. Senator Rhoads com- normally go to the Court of Appeals the United States. He said he would in the number of Family Court judges mended Judge Thompson on coping prior to reaching the Supreme Court. discuss the specifics of the matter in in recent years, Family Courts are with workloads in the Family Court The Supreme Court consists of seven private with Senator Jones. Repre- not yet available in every judicial and asked if studies had been done Justices elected for eight-year terms sentative Flood commented that the circuit. He commented that, while in the shift in caseloads in District from seven Supreme Court districts. $4.5 million in layoffs at the Admin- Family Courts take some cases from Court and Circuit Court in jurisdic- Justice Minton then described the istrative Office of the Courts would District Courts and some from Cir- tions where a Family Court had been various other courts within the sys- not go far to help with the overall cuit Courts, realignment of judges in created and what would be looked on tem and their jurisdiction. Justice budget deficit to which Justice Min- those courts reducing the number of as an ideal caseload. Judge Thomp- Minton described the Administrative ton agreed and indicated that addi- District Judges or Circuit Judges has son responded that Justice Noble of Office of the Courts as the service tional revenue would be needed to leveled the caseloads between the the Supreme Court is currently con- arm of the court system and that avert further layoffs. courts. Several legislators requested sidering Family Court rules and juve- only 16 states have a unified court The next speaker was Sara Walter statewide Family Court caseload in- nile problems but that no full studies system which Kentucky adopted in Combs, Chief Judge of the Kentucky formation which Judge Thompson had been conducted. 1976. Justice Minton described the Court of Appeals. Judge Combs ob- indicated that the Administrative The next speaker was Chief Re- functions of the Administrative Of- served that the Kentucky Court of Office of the Courts would provide gional Circuit Judge Thomas Clark fice of the Courts as constructing Appeals has appellate jurisdiction to the members. Representative from Fayette County who is a “tra- and operating court facilities, drug over most cases appealed from the Yonts commented that the General ditional” Circuit Judge and the Past court programs, the pretrial release Circuit Courts, some state agencies, Assembly, when authorizing Family President of the Circuit Judges Asso- program, a training division, court and that the court also handles ap- Courts, prohibited the use of domes- ciation. A “traditional” Circuit Judge designated workers in juvenile court, peals Circuit Court decisions on tic relations commissioners and sim- operates in a circuit court but does and other programs. judgments from District Court. All ilar persons and asked if any courts not have duties assigned to a Family Senator Stivers asked if the Se- cases handled by the Court of Ap- were still using domestic relations Court judge. Judge Clark indicated nior Status Judge program would end peals are on the judgment from the commissioners and similar persons. that the jurisdiction of the Circuit in 2011 to which Justice Minton re- courts below and are not retried as Judge Thompson indicated that he Court consists of civil matters where plied that the program would expire new cases. Judge Combs observed did not use commissioners and that more than $4,000 is in controversy, when the final judge participating that the Court of Appeals consists he would provide information as to capital offenses, felony offenses, di- in the program reached 600 days of of 14 judges, elected for eight-year whether any remained in the sys- vorces, adoptions, termination of service, which might last past 2011. terms, and that two judges are elect- tem. parental rights, real property title Justice Minton then discussed pro- ed from each Supreme Court district. Judge Thompson indicated that disputes, and contested probate mat- posals to change court facilities con- Judge Combs reported that the Court he is a firm believer in mediation if ters. Circuit Judges serve eight-year struction from the Administrative of Appeals hears and disposes of both parties want it in domestic rela- terms. Judge Clark indicated that Office of the Courts to the Finance 2,000 cases a year and that the goal tions cases but that he does not use in recent years Daubert hearings in Cabinet and stated that the courts that the court has set for itself is to mandatory mediation in lieu of court which the qualifications of “expert” were considering the matter but that render a decision on an appeal within hearings. When asked about manda- witnesses can be challenged have

46 2009 Interim LEGISLATIVE RECORD increased in Circuit Court criminal and misdemeanors, uncontested students spoke 26 different foreign themselves in bringing or defending court hearings. Judge Clark indicat- probate cases, traffic offenses, and languages. In his district, Sena- a lawsuit, more assistance needed by ed that in Fayette County that there juvenile court. District Court also tor Reynolds observed that Russian clients, collection of more and more are 184 indictments average per handles mental health matters and and Spanish are two languages fre- fees for third parties when the clerk month and that some Circuit Judges cases in which a person is incompe- quently requiring interpreters and receives no additional assistance have 1,400 cases filed per judge per tent to handle their own affairs and a asked what percentage of cases re- for their collection and disburse- year. Senator Stivers asked what the guardian will be appointed following quired interpreters. Chief Justice ment, the underfunding by the state American Bar Association guidelines a mandatory jury trial. Minton responded that he would Transportation Cabinet of the Driv- for judicial caseloads were to which Judge Thomas reported that of obtain an exact percentage but that ers License and Identification Card the Judge responded that 700 to 900 the 1.2 million cases filed annually in the number of non-English speak- programs coupled with increasing cases per year is the recommended the court system, 500,000 are filed ing participants in the court system verification workloads for the pro- number. in the District Court. In one county has increased and that Spanish and gram, and the fact that the clerk’s When asked if the process in in northern Kentucky, two judges Bosnian languages frequently require office is not fee-based and that the capital cases was fair, Judge Clark disposed of 10,000 cases each in interpreters. The Administrative Of- clerk has no financial control of the responded that he currently has four the past year and Judge Thomas re- fice of the Courts has its own court- funds which go elsewhere. capital cases pending, that the Com- ported that District Judges are on call related trained interpreters on staff Senator Stine asked about prob- monwealth’s Attorney in Fayette 24 hours a day, seven days a week and hires outside interpreters as well. lems with KRS 24A.185 and 23A.200 County tries all death eligible cases for emergency protective orders, set- He said that many courts now have where counties can impose fees on as death penalty cases to avoid prob- ting bail and pretrial release, holding non-English speaking dockets so that District Court and Circuit Court ac- lems with unfair selection and preju- drug court, holding mental health all defendants requiring interpreters tions for the purpose of supporting dice, that the death penalty has been court, conducting truancy programs can be represented at the same time, the court system. Senator Stine com- rarely imposed by juries in Fayette in schools, and other civic matters. thus saving money and better utiliz- mented there have been allegations County and that qualified defense One judge held truancy court at ing the interpreters. that the counties spend the funds counsel are needed. In the past, school at 7:00AM prior to the normal The next speaker was Circuit for non-court purposes. Chief Jus- Judge Clark indicated, there were daily caseload, held the daily casel- Clerk Kirk Tolle from Mason County tice Minton indicated that the courts problems with jury selection but oad, held mental health court during who is President of the Circuit Clerks have no control of what counties that the Administrative Office of the lunch, and held drug court after the Association. Mr. Tolle indicated and other third parties do with the Courts’ new computerized jury se- regular court hours. that there is one circuit clerk in each money that the clerks collect for lection program will give a more ran- Senator Schickel observed that county and that circuit clerks are them beyond delivery of the money. dom cross section of the community. Judge Thomas was “an inspiration” elected for a term of six years. As Justice Minton further observed that Representative Stan Lee commented and that District Court was truly a the number of courts has expanded the State Auditor has not audited that the Judge was hard-working, “people’s court” in that most persons and the activities undertaken by the these funds, to which Senator Stine competent, and fair. who have contact with the court sys- courts have expanded circuit clerks’ commented that perhaps the matter With regard to advertising by tem have that contact in the District duties, Mr. Tolle indicated, the num- should be referred to the Legislative attorneys, Judge Clark indicated that Court. Senator Schickel then com- ber of deputy clerks has expanded. Program Review and Investigations after a “fender bender” accident his mented that the judges’ secretaries Mr. Tolle explained that a circuit clerk Committee. mother was solicited by an attor- were very helpful, that they look on is the first person that the public sees Senator Jones asked if the court ney within 24 hours. Judge Clark their job as “a labor of love,” and when they have contact with the system is interested in adopting an commented that when his mother that they need increased salaries, court system, particularly since the E-filing system similar to the federal told the attorney that her son was to which Judge Thomas responded circuit clerk serves the District Court, PACER system. Mr. Tolle indicated a judge and she would contact him that many secretaries serve several the Circuit Court, and the Family that the clerks support this, and Jus- about what to do, the lawyer hung judges. Judge Thomas indicated that Court. Circuit clerk offices are where tice Minton indicated that he sup- up. Senator Jones indicated that the District Courts in northern Ken- civil actions are filed, where people ports E-filing as well and feels that in Pike County a lawyer showed up tucky do not use commissioners but pay bail, fines, court costs, fees, and it would save the state money. Jus- at the home of a person within 24 use volunteers to help with mental restitution, and where people obtain tice Minton commented that there hours and that it appears that Ken- health court, drug court, and other driver’s licenses. Mr. Tolle indicated is presently no money to implement tucky State Police troopers are pro- programs. that recent statutory and regulatory the system but that “we need to in- viding accident information to law- When asked if the jurisdiction of changes require more and more of vest in this” and that the six-year yers. Senator Jones then spoke of an the small claims division of the Dis- the clerk’s time in verifying the in- plan for the courts includes this type incident in which a Bowling Green trict Court should be increased from formation persons submit with their of system. Senator Jones responded lawyer reported another lawyer to $1,500 to a higher amount, Judge driver’s license or identification card that this is one thing we need to do. the Bar Association, the Bar Asso- Thomas responded that it should not applications, and that many clerks The next speaker was Carol Hen- ciation did nothing, and the report- because if a higher amount was cho- would like to discontinue these li- derson, Budget Director for the Ad- ing attorney was sued by the attor- sen, the case would be more compli- censing activities so that they can ministrative Office of the Courts who ney who had been reported. Senator cated and that persons could no lon- concentrate on their primary func- indicated that the projected deficit Jones reported that in another case ger present the cases themselves as tion of serving the courts. for the Court of Justice will be $35 he was retained for a person who they do now and would be required Mr. Tolle indicated that there million, that a large portion of this indicated that another lawyer had to hire attorneys to properly repre- have been several recent successes deficit occurred when the General called the week before, even prior to sent themselves. Keeping the limit as for circuit clerks including the 2008 Assembly transferred $22.7 million the release of the accident report by is promotes access to justice, Judge Deputy Clerk Pay Equity program from the court budget to the Gen- the Kentucky State Police. Thomas responded. With regard to placing court information on line and eral Fund, and that retirement costs The next speaker was Chief raising the jurisdictional limit of Dis- new electronic initiatives from the plus salary increments authorized by Regional District Judge Karen A. trict Court civil cases from the pres- Administrative Office of the Courts the General Assembly have contrib- Thomas from Campbell County ent $4,000 to a higher amount, Judge such as E-failure to appear, E-pay, uted to the deficit. Ms. Henderson who is the President of the District Thomas indicated that she opposed E-based jury management, and E- observed that the court system had Judges Association. Judge Thomas that proposal as well indicating that warrants; the Senior Clerk program $37 million in one-time money avail- reported that there are 116 District the amount has worked successfully. which rehires retired clerks, and the able from 2005 operating costs and Judges in 60 Judicial Districts, that Chief Justice Minton commented that number of deputy clerks which has $30 million in agency funds, but by a District Judge is elected for a four- he agreed with keeping both limits at been increased to handle increasing the end of 2010 these funds along year term, and that the jurisdiction their present amounts. business but is still short by about with $10 million from fee increases of the District Court includes, small Senator Reynolds commented 350 deputy clerks. will be depleted. claims, regular civil actions of $4,000 that in his practice he sees more Mr. Tolle indicated that problems Ms. Henderson observed that or less, local ordinance violations, foreign nationals who do not speak facing circuit clerks include assist- $120 million will be needed for fa- criminal cases defined as violations English and that in his local schools ing persons who want to represent cilities and operations. Without in-

THE KENTUCKY GENERAL ASSEMBLY 47 creases in funding the court system Brummitte, Jamie Lawrence, Jennifer zone. Representative Stumbo indi- ernment would be responsible for faces the possibility of 1,400 more Matthews, Kris Knickelbien, and Eu- cated that a private assessment of the costs. He said the vendor would layoffs out of a current 3,400 em- gene Gross, AFSCME; David Hudson, the alleged assailant in the Amanda absorb those costs by increasing ployees. Ms. Henderson observed Sharon Currens, and Ann Perkins, Ross case using a risk assessment in- fees on those who could pay. Rep- that furloughs could also be used but Kentucky Domestic Violence Asso- strument with 12 categories, met 8 resentative Flood complimented that they represent a one time sav- ciation; Ernie Lewis, Kentucky Asso- categories, which would have placed Representative Stumbo on the bill. ings and that each employee would ciation of Criminal Defense Lawyers; the alleged assailant in the electronic Representative Moberly asked if the have to take 76 furlough days per Douglas Morris, Kentucky Justice As- monitoring category. He stated that domestic violence order hearing re- year. Chief Justice Minton comment- sociation; and Mary Lee Underwood, tracking and monitoring could be quired the presence of the defendant ed that the future of the court sys- Kentucky Association of Sexual As- done throughout Kentucky, but that who would have an opportunity to tem is in trouble, 87% of the court sault Programs. notification of victims may be limited present evidence to which Represen- system’s cost represent people, and LRC Staff: Norman W. Lawson, in 40 counties. tative Stumbo responded, yes. that we cannot choose not to hold Jr., CSA, Ray DeBolt, Jon Grate, Joan- Representative Lee asked what The next speaker was Ron Bish- court. “The business of justice is na Decker, Christy May and Rebecca would happen if the defendant vio- op, Director of the Division of Com- the business of government,” Jus- Crawley. lated the exclusion zone uninten- munity Corrections in the Lexington- tice Minton commented. He said the Representative Tilley called the tionally. Representative Stumbo Fayette Urban County Government, court system comprises 10% of state meeting to order, the roll was called, explained the monitoring device in- who was accompanied by Sgt. employees and 3% of the state bud- and a quorum was present. The min- cludes a “buffer zone” to warn the Hubbard Dabney who operates the get. Justice Minton observed that utes were approved with a technical defendant and the victim, that the GPS monitoring program in Fayette many of the court system’s programs, change on page 4, 3rd paragraph, 2nd defendant has the opportunity to County. Mr. Bishop and Sgt. Dabney such as truancy programs, increased sentence, to read “A ‘traditional’ Cir- leave the area without entering the described the web based GPS moni- attendance at schools thus provid- cuit Judge operates in a circuit court exclusion zone, and that if the defen- toring program, where a GPS unit is ing more money, and that diversion but does not have duties assigned to dant is at home and the victim drives placed on the offender with ability to programs, such as drug court, save a family court judge.” Representa- by the location, the information from track and pin-point the participant’s jail and prison costs. Senator Stivers tive Yonts moved and Representative the device automatically records that exact location, is presently used for commented that the courts received Floyd seconded a motion to accept the defendant was not at fault for the higher risk offenders such as domes- $271 million from an original budget the report of the Subcommittee on violation. Representative Lee asked tic violence and sex offenders, gang of $295 million. the Penal Code and Controlled Sub- for a copy of the risk assessment form members, and murderers, and is used Representative Flood asked what stances Act and transmit the report which was provided to the members to determine offender movements type of employees had been laid off to the Legislative Research Commis- of the committee. for the protection of the victim. The at the Administrative Office of the sion. The motion was approved on a Representative Stumbo then re- devices can be set to provide inclu- Courts central office, to which Ms. roll call vote of 15-0. viewed the history of domestic vio- sion zones and exclusion zones, Henderson replied records, training, The first speaker was Represen- lence legislation in Kentucky starting provide speed of offender move- mediators, court security, and similar tative Greg Stumbo, who discussed with the creation of Domestic Vio- ment, and when coupled with data personnel were laid off. Representa- 10 RS BR 251, the Amanda Ross Do- lence Orders in 1984 and indicated programs, provide a wealth of infor- tive Crenshaw asked about a reported mestic Violence Prevention Act. Rep- that about 11,000 domestic violence mation about offenders and victims situation that while the court system resentative Stumbo explained the im- orders are issued in Kentucky each at real time speed. Mr. Bishop said was laying off some persons they petus for the bill was to find a better year. He said that 3,650 women, chil- a passive system used in Lexington, were hiring in other areas to which solution for protecting domestic vio- dren, and a few men were admitted to which provides periodic reports at the reply was that hiring is based on lence victims after the tragic events Kentucky’s fifteen domestic violence regular intervals, has a contract cost staffing need and has been limited to in Lexington which resulted in the centers during fiscal year 2009, a re- of $5.50 per day with a cost to the cases of necessity. death of Amanda Ross. Representa- cent University of Kentucky survey offender of $8 per day, and an active Chief Judge Combs of the Court tive Stumbo indicated that his wife is indicated that 80% of respondents system, which provides continuing of Appeals observed that cancer, di- involved with Carol Jordan from the said they felt the protective order real time information, has a contract vorce, and the court system touch University of Kentucky in fundraising was effective, that protective orders cost of $10 per day with a cost to every family in Kentucky and service efforts relating to domestic violence reduce violence and saved $85 mil- the offender of $12 per day. Repre- area. prevention and response. Represen- lion in 2007, that other states use sentative Crenshaw asked how much The meeting was adjourned at tative Stumbo indicated his bill is electronic monitoring in about 15% had been saved by using the system. approximately 12:40 PM. needed to help provide security and of domestic violence cases, that ap- Mr. Bishop responded that he did not peace of mind to domestic violence proximately 5,000 abusers were be- know an exact figure but that an av- INTERIM JOINT COMMITTEE victims who feel threatened and that ing electronically tracked nationwide, erage savings would be $7 per day ON JUDICIARY every day at least three women on that Ohio was the most recent state for monitoring versus $60 per day for Minutes of the 5th Meeting average are killed nationally because to pass electronic monitoring legisla- incarceration. Senator Gibson asked of the 2009 Interim of domestic violence. tion, and that a U.S. Justice Depart- if police will automatically respond if November 6, 2009 Representative Stumbo ex- ment study indicated that 3.4 million the defendant invades an exclusion The 5th meeting of the Interim plained his bill would use electronic persons were stalked in the one-year zone or removes the device and Mr. Joint Committee on Judiciary was monitoring devices to provide real- period being studied. Bishop responded this would have to held on Friday, November 6, 2009, at time warning to victims, apply in Representative Stumbo indicat- be a matter of local policy. 1:00 PM, in Room 171 of the Capitol domestic violence orders, be issued ed that costs if the bill is not passed Representative Owens asked if Annex. Representative John Tilley, at a judge’s discretion using risk as- include the hidden costs of domestic the victim is automatically notified Chair, called the meeting to order, sessment provided by law enforce- violence, $60 per day to keep some- if the offender enters the exclusion and the secretary called the roll. ment, be paid for by offenders, have one in jail, cost of a murder trial zone and if police would automati- Present were: an estimated cost of $7-14 per day, $185,000, cost of women missing cally respond, to which Mr. Bishop Members: Senator Tom Jensen, and that removing or tampering with work due to domestic violence is $2 responded the victim is automatically Co-Chair; Representative John Tilley, the device would be a Class A mis- million per day nationwide, and that notified and could take needed pro- Co-Chair; Senators Perry B. Clark, demeanor for the first offense and medical services for domestic vio- tective action, that monitoring staff Carroll Gibson, Mike Reynolds, Jerry a Class D for subsequent offenses. lence victims cost millions of dollars is automatically notified, but that P. Rhoads, and Jack Westwood; Rep- He stated under his proposal, the each day. automatic police response would resentatives Johnny Bell, Jesse Cren- offender would be required to wear Questions were raised about have to be reserved for local policy shaw, Kelly Flood, Stan Lee, Harry a GPS ankle bracket, and the victim who would be responsible for the decisions. Representative Moberly Moberly Jr., Darryl T. Owens, Tom Ri- would be offered the opportunity cost of the program in the case of asked who pays the costs for us- ner, Steven Rudy, and Brent Yonts. to carry a similar GPS device that indigent persons. Representative ing the system when the defendant Guests: Larry Bland, Bark- would indicate when the offender Stumbo responded that under his is indigent. Mr. Bishop responded ley FOP; Amanda Crenshaw, Lucas had breached the victim’s security proposal, neither state nor local gov- that in Lexington, the Urban County

48 2009 Interim LEGISLATIVE RECORD Government currently absorbs those prices. Mr. Ball observed that these inmates must borrow from other in- Representative Flood indicated costs, but that under the proposed conditions result in gangs, debts, mates to make canteen purchases. that she has received information legislation, the vendor would absorb loan operations, fights, and inmate Mr. Hughes described cigarettes as a from corrections officers and others those costs with increased fees on injuries. Mr. Ball also indicated that means of payment for loans and that that food was the problem at North- those who could pay. radios do not work, that there are when an inmate cannot repay a loan, point and that she understood the The next speaker was Repre- not enough handcuffs, there is not other inmates to whom the loans are link between bad food, high canteen sentative Brent Yonts who spoke in enough OC (pepper spray) and other owed punish the inmate by attacking prices, debts, and violence at the in- favor of 10 RS BR 114 relating to supplies are in short supply. Mr. Ball the inmate. Inmates also are stealing stitution. Representative Crenshaw eliminating private food service at commented that he no longer eats the food from the cafeteria and kitchen observed that the Department had state prisons. Representative Yonts food because he was tired of getting and must be patted down by guards promised a report on the Northpoint was accompanied by Mr. Daniel sick, that food illnesses have caused upon leaving which also causes prob- riot early in November but at a recent Ball, a corrections officer from East- guard shortages, that even though lems and Mr. Hughes pointed out meeting of the Appropriations and ern Kentucky Correctional Complex, the vendor has saved the Depart- that when the vending machines in Revenue subcommittee on courts, Mr. Ron Jackson, a corrections offi- ment of Corrections money, these the visitor area work, which they fre- the department failed to present the cer from Western Kentucky Correc- savings are overshadowed by protec- quently do not, visitors cannot afford report or any meaningful information tional Complex, and Mr. Matthew tive custody costs, medical bills, and to pay the high prices charged. about the causes of the riot. Upon Hughes, a correctional officer from other problems resulting from fights Senator Westwood asked request, Mr. Hughes commented that Northpoint Training Center. Rep- over debts owed by inmates who whether the prison food service fa- the riot did not “just happen”, it resentative Yonts presented a list of cannot repay the high costs of food cilities were inspected by local health was carefully planned by the inmates complaints which he has received at the canteen, causing repeated se- departments to which the response who studied the guard and supervi- from prisoners and staff at all of the curity problems. Other information was that health inspections are sion patterns, inmates knew at the prisons in Kentucky with regard to presented included hospitalization scheduled in advance and that with time of the riot there would be fewer the food service contracted by the of inmates from Northpoint for food advance notice of the inspections, staff, and that six of the guards had state. Representative Yonts said the borne illnesses and that surveys in- the facilities are cleaned up for the less than six months of experience. reported problems included short- dicated 78% of inmates complained day of the inspection and properly Based upon their observations, in- ages of food, water and flour added about food quality, 45% indicated prepared food is served. The com- mates chose the time when the riot to food, food thinned to the point they have become sick from the food, ment was made that “you just can’t would happen and knew that only 19 where it was nothing but thin soup, food has run out 75% of the time, walk into a prison” to make an in- officers would be available to control running out of food, continually us- conservation officers have been used spection followed by the observation 1,250 inmates. The riot was put ing leftover food, chicken and turkey in food service operations 51% of that the same procedure is followed down in 4.5 hours with help from products used in lieu of other meat, the time, and 71% of respondents when representatives of the Ameri- other institutions and from state and small portions, dirty kitchens, dirty indicated the poor food quality pres- can Correctional Association visit local police, but during that time ar- serving areas, and other complaints. ents a safety risk. Representative to rate the prison for accreditation son fires destroyed or damaged much Representative Yonts indicated that Yonts indicated that complaints are purposes. This was followed by the of the institution. Senator Jensen prisoners are fed for $2.63 per day not acted upon, that inmates may comment that things return to “nor- asked if the food at Northpoint had per person. Representative Yonts file a second grievance on the same mal” the day after the inspection. improved since the riot to which the indicated that other complaints in- subject only once every six months, Representative Bell indicated answer was, no. volved worms in soup at Green River and that the committee is unlikely to that even in private industry, some The next speakers were Repre- Correctional Complex, recipes calling receive a straight answer about the facilities with community influence sentative Jody Richards, Represen- for 60 pounds of food reduced to 20 cause of the riot at Northpoint. are rarely inspected and that there tative Joni Jenkins, Jefferson Family pounds at Eddyville, and human fe- The next speaker was Mr. Mat- is advance notice of the inspections. Court Judge Jerry Bowles, and Darlene ces in burritos, complaints of feces in thew Hughes, a correctional officer Representative Moberly asked about Thomas and Sharon Currens from the brownies at Blackburn Correctional from Northpoint with 10 years of the attitude of the chain of com- Kentucky Domestic Violence Associ- Complex, and potato salad spilled on experience in corrections, including mand at the institutions to which ation, who spoke in favor of 10 RS BR the floor, scooped up, and served to one year at Eddyville and one year Mr. Hughes responded that in one in- 133 and 10 RS BR 145, which would inmates. at Northpoint. Mr. Hughes indi- stance, an inmate had a seizure in his make victims of dating violence eligi- Mr. Hughes, a correctional offi- cated that between his experience cell and when the officer responded, ble for emergency protective orders, cer from Northpoint, indicated cor- at Eddyville and Northpoint, he has the officer’s radio did not work and domestic violence orders, and permit rectional officers are frequently used encountered green hotdogs, greasy aid had to be summoned by a person arrest of violators without a warrant to assist in food preparation and bologna wiped off with a towel, going to the control center. When by officers who did not view the com- service, creating a line shortage of hard meatballs, and watered rice the officer wanted to insert in his mission of the offense. Representa- guards. Other information presented that looked like gruel. Mr. Hughes report that aid was delayed because tive Richards indicated the bills were showed that at Northpoint, 69.25% described conditions at Northpoint of a dead battery, he was told that similar and that he had agreed to of inmates eat most of the time, 51% as having open dorms, a lot of free- a dead battery could not be men- co-sponsor Representative Jenkins’ get enough food to eat, 42% did not dom for the inmates, inmates who tioned in the report. Mr. Hughes in- 10 RS BR 145. Representative Rich- get enough food to eat, that pieces can smoke, and that the lockdown dicated that the guards and the chain ards commented that 40 states have of cardboard have been served in the following a fight was not the real of command knew that prisoners at passed domestic violence protection food, that recipes are not followed, cause of the riot, but that the food Northpoint were planning a riot two for dating couples and that dating flies, gnats, mice, rodents and other was. He described the food as “atro- weeks before its occurrence. Repre- couples are now protected under vermin are found in food preparation cious”, that roaches are on the floor, sentative Moberly indicated that the the federal Violence Against Women and storage areas, and that despite dirty conditions abound, food ser- same vendor operates the food ser- Act. Ms. Darlene Thomas indicated repeated complaints from inmates, vice personnel do not wear hair nets vice at Eastern Kentucky University the Kentucky Domestic Violence As- the Commissioner of Corrections or gloves, and that inmates get mad and that the food is good because the sociation supports the legislation. may not know what is happening about the poor food quality, get mad university monitors the food service She said 53% of victims are abused because staff conceal the complaints at the guards, and then riot. Mr. operations closely. Several members by current or old partners, that part- and the true situation. Hughes commented the canteen is of the committee urged the co-chairs ner violence in the 16-24 year old Mr. Daniel Ball from EKCC indi- owned by the food vendor, cigarettes to hold a special meeting on the pris- age group is three times higher than cated that the food preparation areas cost $6.10 per pack, a small can of on food service problems and secure other age groups, and that domestic contain cockroaches, ants, etc., the ham is $5, and there are similarly in- testimony from the Department of violence orders allow for more rapid vendor of the food has watered down flated prices for other items as well. Corrections, from the vendor, from law enforcement intervention in do- the food and juices, and that inmates Inmates who work do not make guards, and from other interested mestic violence cases. Ms. Thomas turn to gambling and borrowing to enough to pay the canteen prices, parties and that reluctant parties be said a recent University of Kentucky obtain foods from the canteen and relatives cannot send enough money subpoenaed and that testimony be survey showed 34% of University of that those foods are sold at inflated to meet inmate canteen needs, and taken under oath at the hearing. Kentucky female students indicated

THE KENTUCKY GENERAL ASSEMBLY 49 they had been victimized by dating from the victim, to which Judge wrongful discharge cases from five barred by this legislation, to which partners. Ms. Thomas shared a story Bowles responded, yes. Senator Jen- years to two years in Kentucky. Ms. Ms. Becker replied that she did not in which the dating couple broke up, sen then commented that we may be Northern described a situation where know. Representative Moberly in- the partner harassed and stalked the getting into a “gray area” with this her corporation moved to Kentucky dicated that more information on victim continuously, and three years legislation. Representative Crenshaw and reduced three regional centers to the effect of the proposal is needed. later attacked and strangled the vic- asked if the bill would apply to mar- one. An employee who worked for Senator Reynolds indicated that he tim, leaving her unconscious for over ried persons to which Judge Bowles the company for six weeks and was tries such cases and that Kentucky an hour and a half, and while the replied that the current domestic vi- dismissed filed a wrongful dismissal is considered “business unfriendly” victim was unconscious, broke into olence statutes already apply to mar- action five years later under the exist- because of the current law. Senator the victim’s home and destroyed the ried persons and divorced persons. ing statute. Ms. Northern described Rhoads indicated that Kentucky has home prior to the victim’s return Representative Moberly asked if the difficulty in defending the suit been a hire and fire at will state and home. criminal remedies are available where because the employee had worked that he did not know if states sur- Judge Bowles indicated these courts could require perpetrators not such a short time, that most record rounding Kentucky had similar provi- bills have the support of the Jefferson to harass or threaten the victim, to retention statutes only require record sions only limiting discharge when it County Domestic Violence Preven- which Judge Bowles replied yes. But retention for two or three years, that is against public policy. Representa- tion Council. He said that Kentucky, he said that such orders are not pres- facts were difficult to obtain and that tive Carney responded that he wants which was the leader in adoption of ently entered into the law enforce- in such actions witnesses may die, legislation which gives due process. the VINE victim notification program, ment computer networks, where do- move away, or forget what happened The next speaker was attorney has fallen behind in this area and is mestic violence orders are, so officers five years earlier. Ms Northern indi- Doug Morris of Louisville represent- one of only ten states that do not of- do not have instant access to the cated that no surrounding state has ing the Kentucky Justice Associa- fer domestic violence protection to contents of bail conditions and other such a lengthy period during which a tion. Mr. Morris cited situations in dating couples. Litigants in his court criminal orders. Senator Jensen com- wrongfully discharged employee may which workers who complained to seek domestic violence order protec- mented that the response that the bring suit, with Ohio having a four the Equal Employment Opportunity tion and are surprised to find it is not victim has no other options was not year limit and others only one or two Commission might be prejudiced by available when it would be available true, and that even if the police did years. Ms. Northern indicated that a two year statute of limitations be- if they had lived together, married, or not view the commission of a misde- she favored the reduction and that cause the EEOC frequently takes two had a child together. Judge Bowles meanor offense, the victim could still this would make the state more busi- years or more to determine that in spoke of a case in which the perpe- go to the county attorney and begin ness friendly. 85% of the cases no determination trator attempted to suffocate and the criminal process. The next speaker was attorney is made and a “right to sue” letter strangle the victim, placed a rag in Representative Flood comment- Wendy Becker, who indicated she had is issued to the complainant. If the the victim’s mouth, and assaulted the ed that awareness for the issue and practiced employment law for twen- two year statute of limitations is en- victim. When a neighbor called the for the remedies should be increased ty years and that while states pro- acted, plaintiffs who utilize the EECO police, the police arrived at the scene and that protection should be en- hibit termination for various reasons complaint procedure will no longer and did nothing. The victim was ad- hanced. She urged zero tolerance including civil rights protections, be able to sue after they receive a vised to obtain a domestic violence for assaults. Senator Rhoads com- whistleblower protections, retalia- “right to sue” letter. Mr. Morris ob- order which the victim received from mented that civil process protections tion for filing workers compensation served that in a civil case, the plain- the court, only to have the Kentucky should be enhanced because police claims, and similar reasons including tiff has the burden of proof, delay is Court of Appeals reverse the deci- and prosecutors will not institute the tort of wrongful discharge which not encouraged, that current statu- sion citing that courts do not have criminal proceedings, and victims see result in 85% of the claims of wrong- tory provisions should be observed, the authority to issue such orders to little hope for anything but civil pro- ful discharge. Ms. Becker indicated and that now that most companies dating couples. Judge Bowles com- cess using civil protection orders and that Kentucky has one of the longest keep records on computers, a five mented the Court of Appeals in its many victims do not want perpetra- statutes of limitations, that this limit year record retention program is not opinion urged the General Assembly tors to end up in jail by using the has never been addressed directly by unreasonable. Mr. Morris indicated to remedy the situation. criminal process. Representative Til- the General Assembly, and is only in that most at will employees do not Representative Flood asked ley commented that in his experience effect because it is a fallback position have contracts with their employ- how many attempts had been made couples frequently get back together when no other statute applies. Ms. ers, while most executives do have to pass the bill in the past and was after the criminal process is used. Becker indicated that other states contracts with their employers and informed that this was the third at- surrounding Kentucky have one and would be protected by the five year tempt in six years. Representative The next speaker was Ms. Sha- two year limits and in some instanc- statute of limitations in the contract Flood then asked what the argu- ron Currens, Executive Director of es, claims must be brought in as few in writing limitations while employ- ments against the bill had been. Re- the Kentucky Domestic Violence as 90 days and 180 days in work- ees would be at a disadvantage and sponses included problems with how Association, who spoke on behalf ers compensation retaliation claims. would only be protected by a two dating couples were defined as being of the Kentucky Domestic Violence Ms. Becker indicated the two year year limit if the proposed legislation too broad, but Judge Bowles indicat- Association and Representative Den- limit is good for both employers and is passed. Mr. Morris asserted that ed that judges are required do make ham in favor of 10 RS BR 341, which employees because investigations the legislation was “unnecessary”. similar decisions every day in other would elevate strangling of a victim can be completed in a shorter period, The meeting was adjourned at cases such as “best interest of the in a domestic violence case to a Class and that after two years it is more 4:10PM. child” and that the definition in the C felony as assault in the second de- difficult to secure records, witnesses bill is workable. gree. Ms. Currens indicated that in go missing or cannot remember what INTERIM JOINT COMMITTEE Senator Jensen asked if in the the 2008-2009 reporting year, there happened, and it is more difficult for ON JUDICIARY cases cited, a criminal warrant could were four domestic violence strangu- either side to prove its case. Subcommittee on the Penal Code have been obtained and the perpe- lation deaths in Kentucky and that Senator Rhoads observed that and Controlled Substance Act trator prosecuted, to which Judge thirteen states have passed this type the Kentucky statute of limitations Minutes of the 3rd Meeting Bowles replied that criminal action of legislation and that it was needed for violation of a contract in writing of the 2009 Interim could have been used but that police in Kentucky is also five years and asked if this leg- September 4, 2009 did nothing, that victims are wary of The next speaker was Represen- islation would create a conflict in a The 3rd meeting of the Subcom- using the criminal system because tative Carney, accompanied by Bryan wrongful discharge case where there mittee on the Penal Code and Con- perpetrators will ultimately be re- Sunderland of the Kentucky Cham- was a contract in writing through trolled Substance Act of the Interim leased from confinement, and that ber of Commerce, Suzanne Northern adoption of a two year statute of Joint Committee on Judiciary was the civil protection orders provide a of Unifirst Corporation, and Wendy limitations. Representative Carney held on Friday, September 4, 2009, better option. Senator Jensen then Becker, an attorney with Greenebaum, responded this was an issue that beginning at 1:15 PM, at the Justice asked if, when a person was released Doll, and McDonald, who spoke in needed further study and comment. Center, 100 Justice Way, Hopkins- on bail or probation the court could favor of 10 RS BR 498, which would Representative Moberly asked Ms. ville, KY. order the perpetrator to stay away reduce the statute of limitations in Becker how many cases would be Present were:

50 2009 Interim LEGISLATIVE RECORD Members: Senator Gerald A. speedy trial. This report recommend- Kentucky law to the Uniform Con- in prisons is 6th grade and that GED Neal, Co-Chair; Representative ed amending KRS 500.110 to provide trolled Substances Act proposed in and similar educational programs are John Tilley, Co-Chair; Senators Ray a trial for misdemeanors within 90 the 1970’s. He made several sugges- not readily available in prisons, that S. Jones II, and Jerry P. Rhoads; and days of arrest or that the person be tions for improvement of the current few inmates take advantage of edu- Representative Brent Yonts. released from custody pending trial. law including: adjusting the sever- cational programs, and that jails offer LRC Staff: Norman W. Lawson, The report also included a proposed ity of penalties to the quantities of no programs at all. He urged ending CSA; Jon Grate, Joanna Decker, and amendment to KRS 431.015 relat- drug possessed. Current Kentucky the incarceration of felons in jails. Carolyn Gaines. ing to the use of citations to limit law treats one pill the same as 100 Professor Lawson urged the members Representative Tilley called the the use of physical arrest in Class pills; removing the persistent felony of the committee to read the draft of meeting to order and the roll was B misdemeanors committed in the offender (PFO) law from KRS Chapter his article, “take the study apart,” called. A quorum was not present. officer’s presence unless the defen- 218A because of the overuse of the and make suggestions to him. Senator Rhoads reported that his dant is charged with violating named PFO statute and statutory enhance- Representative Yonts asked Pro- group felt that Drug Court has been a statutes or there is reasonable cause ments by prosecutors to lengthen fessor Lawson about his thoughts success and that the felony drug di- to believe that the person will not sentences and ensure guilty pleas; on the Penal Code study and draft version program authorized by 2009 appear at the designated time. examining the use of enhancements prepared by Professor Robinson for RS SB 4 shows promise of rehabili- The next speaker was Professor in the drug laws to reduce their use the Justice Cabinet several years tating persons while relieving prison Robert G. Lawson of the University particularly where misdemeanors are ago. Professor Lawson observed that overcrowding. Senator Rhoads de- of Kentucky Law School. Professor enhanced to felonies; requiring an prosecutorial representation skewed scribed the features of the current Lawson was one of the original draft- actual sale of a drug to a minor for the study and that prosecutors and Persistent Felony Offender Statute, ers of the Kentucky Penal Code who this enhancement to apply; requiring defense attorneys parted company. which he described as having been reported on a five year study that the actual use of a firearm in a drug Professor Lawson was then asked blamed for prison overcrowding. he has made of Kentucky controlled offense for this enhancement to ap- about “truth in sentencing,” which He indicated that when consider- substances laws and their use. This ply; eliminating double counting in he observed was a creation of the ing the PFO law a balance must be is the focus of a forthcoming law re- drug cases where separate offenses federal government and was totally struck between education, rehabili- view article. Professor Lawson indi- and separate penalties apply to dif- incompatible with the sentencing tation, drug court, alternatives to cated that the crime rate in Kentucky ferent drugs and which have been philosophy of the Penal Code, which incarceration, and public safety, and is about the same as it was in 1970 permitted by the Supreme Court of emphasized rehabilitation and en- that input from prosecutors, defense through 2000, but that the incar- Kentucky; eliminating the overcharg- couraged the use of parole. Profes- attorneys, and judges is necessary. ceration rate has increased by 700% ing where the person is tried and sor Lawson said that Kentucky had Senator Rhoads observed that the and that the cost of incarceration has convicted for possession, growing a better program in 1974, and that PFO law is tougher than those in increased from $10 million per year or manufacturing drugs, trafficking the current code and the operations most states and that proposals for to $50 million per year. Professor in the drugs, and possession of drug of the parole board emphasize pun- change have included returning to Lawson observed that approximately paraphernalia; making possession of ishment as the philosophy. He com- the original 1974 version of the stat- 500,000 persons have been released drug paraphernalia a misdemeanor mented that some other states have ute, which required actual imprison- from prison during this time and that for all offenses; and reducing the dis- used sentencing guidelines with ment for prior crimes prior to the use the state has done little while they tance for sale of drugs near a school shorter penalties, which takes sen- of the PFO statute; whether or not were incarcerated to educate them, from 1,000 yards to 1,000 or 300 feet tencing decisions from prosecutors pretrial incarceration time should be provide counseling, provide drug or as used in other states and require an and judges. Professor Lawson com- counted as a trigger for the PFO stat- other treatment programs, or pro- actual sale to a minor for the statute mented that in Kentucky the judge ute; whether the qualifying offenses vide for their reintegration into soci- to apply. was given the authority to reduce the for PFO should be limited to violent ety. Professor Lawson observed that, Professor Lawson indicated that sentence but not increase the sen- offenses as defined in KRS 439.3401; when Doug Sapp was a probation presently any drug offense in Lexing- tence and that, now, prosecutors set eliminating the PFO second statute and parole officer in the 1970’s, the ton can result in the application of the sentence and there are not trials. and having only one PFO degree; and officer to parolee ratio was 1 to 20 the sale near a school statute and Professor Lawson said that total re- requiring prosecutors to choose be- and that real counseling could be ac- that in 44 of such cases where this vision of the Penal Code cannot be tween the use of the PFO statute or complished, but that today the ratio charge was used none of the crimes done at this time, but that Kentucky enhancements already found in con- is 1 to 135 and is inappropriate for involved sale to a minor. He suggest- needs to look at philosophy and make trolled substance and other offenses adequate supervision or counseling. ed making possession of marijuana selective reforms as needed. and not permitting the prosecutor to Professor Lawson commented that a fine-only offense and not apply- Representative Tilley comment- use both an enhancement and PFO. the use of county jails to house Class ing the sale within 1,000 yards of a ed that the committee is interested Senator Rhoads indicated that he D and Class C felons has resulted in school statute to acts within a per- in hearing from legislators from Texas and Representative Bell are open to virtually no programs for persons son’s residence, or when a vehicle is and Kansas to see how those states oral or written comments and rec- who are confined there for 3-4 years stopped unless the sale is to a minor. have handled their increasing prison ommendations as to how to proceed and that jails were not designed to Senator Neal observed that prosecu- populations. Professor Lawson in- toward a report. Representative Tilley provide rehabilitative programs. tors use the sale near a school and dicated that Texas had one of the indicated that we need to be smart Professor Lawson then turned other statutes as a “club” to ob- worst incarceration and incarceration on crime and not soft on crime. to the Controlled Substances Act tain convictions and that Kentucky cost programs, and that two of the Representative Tilley called the and its implementation. Professor should look more toward reality and leaders in making needed changes to attention of the members to a report Lawson indicated that the study proportionality. In response, Profes- their laws were Minnesota and North in the members’ folders by Senator observed the use of the controlled sor Lawson indicated that he under- Carolina, and Kentucky should look Stine and Representative Fischer on substances laws in Scott County and stood that prosecutors dealt with the to those states for guidance. Sena- Alternatives to Incarceration. The re- Fayette County and that the goal worst people on earth but that, since tor Rhoads commented that the cur- port described progressive sanctions of changes should be to reduce the the crime rate has increased only 3% rent Kentucky PFO statute is a major for technical parole violations in lieu number of drug offenders in prisons from the 1970’s, Kentucky needs a driver of incarceration and prosecu- of incarceration for such violations, through the use of alternative treat- sense of proportionality in the use of tion leverage. He commented that use of community corrections pro- ment programs. Professor Lawson incarceration and that alternatives to mediation in criminal cases is work- grams, and described the success of indicated that in 1994 there were incarceration, treatment programs, ing in his area of the state and shows the community corrections program 1,500 drug offenders in the system and other similar programs result promise for the entire state. in Northern Kentucky. while now there are 5,100 and that in persons who are less likely to re- The next speaker was Lynn Pri- Representative Tilley also called sentences are too long. He observed cidivate and who are more likely to or, Commonwealth’s Attorney for the attention of the members to a that Kentucky does not need to de- become productive law abiding citi- Christian County, who indicated that report in the members’ folders by criminalize drugs but needs to short- zens. she agreed that many crimes involve Senator Schickel and Representative en sentences. Professor Lawson observed that drugs, are drug related, involve theft Hoover on bail, pretrial release, and Professor Lawson traced the the average reading level of inmates to obtain money for drugs or drugs,

THE KENTUCKY GENERAL ASSEMBLY 51 and that many offenders are users GED programs, after school programs and a quorum was not present. sponsibilities are passed to private and not traffickers. Ms. Prior indi- for juveniles, and other programs The first speaker was Mr. Janssen agencies, adequate housing and su- cated that marijuana guidelines are should be available through the DPA, Willhoit who is an ex-offender work- pervision by the state are needed to needed, that quantities need to be and that DPA should provide “one ing with prisoner reentry programs of adequately house the inmates and established for methamphetamine stop shopping” for their clients. Ms. the Lexington Rescue Mission. Mr. prevent abuse which Mr. Willhoit and cocaine offenses, and that us- Massamore indicated that juvenile Willhoit indicated that in 2004 he observed leaves the inmates broken ers would benefit from treatment. clients in her area of the state are the was convicted of multiple counts of and angry and engenders recidivism. She said that, for traffickers, confis- third highest juvenile clientele in the theft by deception for not properly Mr. Willhoit then described his cation of property and money has state and that juveniles are a system- disclosing the financial risks of his work with the Lexington Rescue Mis- not worked because the trafficker’s atic problem, that we need to break client’s investments and sentenced sion and using his experience to help addiction is to money and not to the addiction cycle, that there is lack to ten years in prison. Mr. Willhoit current and ex-offenders in transi- drugs. Ms. Prior praised the work of of education, lack of respect, and indicated that he was a first offender, tional programs designed to reha- the Trilogy Center at Western State that poverty needs to be reduced. came from a civic minded family, and bilitate them. Mr. Willhoit observed Hospital, observed that Kentucky She recommended increased criminal that the impact of his incarceration that the Lexington Rescue Mission may be driven by costs relating to mediation which has been used very was felt by his entire family and that had received an Americorps grant to incarceration, and wondered about successfully in Hopkins County. Ms. of his future wife and her family. employ him. Mr. Willhoit also ob- the cost to the citizen without put- Massamore observed that Kentucky Mr. Willhoit indicated that it is served that he is a member of the ting these people in jail. These crimi- tends to become callous about num- difficult for persons not directly im- Bluegrass Re-entry Council which nals hurt themselves, their children, bers, but that cases and clients need pacted by a person’s incarceration utilizes nonprofit organizations and their families, crime victims, and the to be treated on an individual basis to fully understand the struggles government agencies to offer, among taxpayers. Very few of these persons and that one cannot incarcerate a associated with incarceration. Mr. other programs, a 12-month treat- are first time drug offenders and they way out of the crime problem. Willhoit indicated that his in-laws ment program offered by the Lex- have “worked hard” to get to prison. Representative Tilley then an- and wife became involved in prison ington Rescue Mission. Mr. Willhoit Most committed many crimes before nounced future meetings of the Sub- ministry programs during his incar- observed that short term treatment they were caught and many had al- committee will be in Manchester ceration and helped him focus on “is not the answer” because addic- ready been on probation or pretrial Kentucky at 1:00 PM on October 2, opportunities available after release tions are symptoms of larger prob- diversion and had failed. Ms. Prior 10:00AM, in Louisville on October from prison. Mr. Willhoit contrasted lems and that a holistic approach to observed that there is a public back- 19, which is an all-day meeting, and that encouragement with the lack of developing life skills, character, and lash from early release of prisoners, a final meeting to approve recom- support, ridicule, and disparagement job training, is a more effective solu- that she has trouble advising victims mendations of the Subcommittee at of hope from correctional officers and tion to rehabilitation. Mr. Willhoit as to how much time defendants will 10:00 AM on November 6 in Frank- their supervisors when he made ef- observed that such a program in- serve, and commented that the fed- fort with a meeting of the full Interim forts to rehabilitate himself and ob- volves “devoted mentoring which is eral government has done away with Joint Committee on Judiciary at 1:00 tain education through the graduate currently impossible within a prison parole and that perhaps the state PM to approve the recommenda- school level. Correctional officers setting”. Mr. Willhoit observed that should examine this possibility. tions of the Subcommittee for trans- and captains alike told Mr. Willhoit under the present system where dis- Representative Tilley responded mission to the Legislative Research “Now that I was a felon, I’d never be cretion given to each jurisdiction has that the General Assembly passed Commission. able to work again.” Efforts Mr. Will- resulted in lengthy sentences which 2009 RS HB 372 which limited the The meeting was adjourned at hoit made to teach other inmates should be remedied by “more strin- early release of and street time sen- approximately 3:00 PM. how to read and write were met with gent sentencing guidelines” which tence credit for violent offenders and scorn and punishment. Mr. Willhoit emphasized probation and parole. sex offenders. He said that reentry INTERIM JOINT COMMITTEE observed “We were no longer people, Mr. Willhoit commented that when programs are needed to improve the ON JUDICIARY simply inmates.” an offender is on home incarceration, chances of persons not reoffending Subcommittee on the Penal Code Mr. Willhoit observed that while the offender pays, as opposed to the after release. Ms. Prior commented and Controlled Substance Act he understood that for some crimes state or communities and the local that many of the crimes and a large Minutes of the 5th Meeting there is no adequate alternative to community can provide the reha- number of violent crimes are being of the 2009 Interim incarceration, that “sending many bilitation needed. Mr. Willhoit urged committed by gangs and that gangs November 6, 2009 non-violent first offenders to prison that state government partner with are an increasing problem in the The 5th meeting of the Subcom- only introduces them to a criminal local churches, community leaders, state. She said that more people are mittee on the Penal Code and Con- lifestyle and mindset otherwise for- and organizations to help offenders serving more time because there is trolled Substance Act of the Interim eign to them”. Mr. Willhoit then re- become “productive, positive role more crime, that grand juries feel that Joint Committee on Judiciary was counted the number of drug traffick- models for their family and com- people are getting off too easily, and held on Friday, November 6, 2009, ing and other illegal job possibilities munities” rather than setting barri- that studies indicate that the taxpay- at 10:00 AM, in Room 171 of the explained to him while in prison and ers for them. Mr. Willhoit observed ers will pay more to keep criminals Capitol Annex. Representative John observed that “Without support and that these are “the people who best in prison for public safety, and that Tilley, Chair, called the meeting to or- faithful contact of my wife and her reach offenders, not the Department most of the defendants plead guilty der, and the secretary called the roll. family, I would have fallen into the of Corrections. after plea bargains. Present were: same pit as most other inmates”. Mr. Representative Yonts asked Mr. The next speaker was Ginger Members: Representative John Willhoit observed that the typical in- Willhoit how long he actually served Massamore, Regional Director for the Tilley, Co-Chair; Senators Jerry P. mate only receives a criminal educa- in prison to which Mr. Willhoit re- Department of Public Advocacy. She Rhoads and John Schickel; and Rep- tion while in prison and that due to sponded, five years due to work and indicated that her region includes not resentatives Johnny Bell and Brent costs, the state sends many prison- education credits and that he ob- only the counties and their criminal Yonts. ers to local jails where inmates are tained four associate degrees while courts, but Eddyville Penitentiary Guests: Janssen Willhoit and forced to sleep on the floor as he was at Blackburn Correctional Complex. and Western State Hospital, and that Lindsey Burke, Lexington Rescue in Lincoln County for six months, or Mr. Willhoit was asked if he was ever they handle 6,600 cases with 12-13 Mission; Sarah Willhoit; Sheryl Nor- to private agencies such as the Pa- paroled to which Mr. Willhoit re- attorneys. Ms. Massamore indicated ton; James Norton; and Ernie Lewis, ducah Community Service center sponded that the Parole Board, with- that the DPA attorneys “look at the Kentucky Association of Criminal where Mr. Willhoit alleged that he out seeing him directly because he whole client,” need full-time social Defense Lawyers. was abused and raped in 2006. was a Class D felon and not entitled workers in each office to evaluate LRC Staff: Norman W. Lawson, Mr. Willhoit urged that impris- to a direct appearance, first gave him and serve clients, and want effective Jr., CSA; Ray DeBolt, Jon Grate, Joan- onment be used only if there are no a 12 month deferment and followed alternatives to incarceration with na Decker, Christy May, and Rebecca other available options for rehabilita- with a serve out because of the “se- productive return of the client to so- Crawley. tion and reparation, that when pris- verity of his crime” even though he ciety. She said that every $1 spent on Representative Tilley called the oners are incarcerated they should had a “low risk” assessment from the a social worker saves $3.25, and that meeting to order, the roll was called be properly cared for, and when re- Department of Corrections. When

52 2009 Interim LEGISLATIVE RECORD asked where he had served, Mr. Will- 11:00AM. same caliber of facilities as those in one which fosters private investment hoit indicated that he was first sent the United States at the Horse Park. within Kentucky’s signature indus- to the Western Kentucky Correction- INTERIM JOINT COMMITTEE She suggested getting not only those try. Through the partnership with the al Complex, then to the private facil- ON LABOR AND INDUSTRY involved in the world games but par- Equestrian Federation the Horse Park ity in Paducah, then to Green River Minutes of the 4th Meeting ticipants of others equestrian events heightened its profile nationally and Correctional Complex, then to the of the 2009 Interim as well. internationally in an effort to secure Bell County Forestry Camp, and then October 15, 2009 Responding to Representative the 2010 World Equestrian Games. after appeals from his father-in-law The 4th meeting of the Interim Pasley’s question, Ms. Head said that Mr. Nicholson noted the importance to the Department of Corrections, he Joint Committee on Labor and In- as an observer, the 2010 Games are of the British exhibit and the Imperial was moved to the Blackburn Correc- dustry was held on Thursday, Octo- not featured enough in Europe. She China exhibit because they fostered tional Complex in Lexington because ber 15, 2009, at 9:30 AM, in the new suggested increasing public relations international relations as will the it was nearer to his home and fam- indoor arena at the Kentucky Horse efforts in Europe as she feared that World Equestrian Games. He pointed ily. Park. Senator Alice Forgy Kerr, Chair, people would regret not coming once out that the 2010 Games are the first Representative Yonts then asked called the meeting to order, and the they see the games unfold. to have a name sponsor. The spon- Mr. Willhoit what he thought about committee assistant called the roll. Representative Wuchner asked sor, Alltech, Inc., is an international food service while in prison to which Present were: if marketing the games as a holiday cutting-edge biotechnology company Mr. Willhoit responded that when he Members: Senator Alice Forgy with side trips would be more inter- headquartered in Nicholasville, Ken- was first incarcerated at the West- Kerr, Co-Chair; Representative Rick esting for the European traveler. Ms. tucky. He said the 2014 World Eques- ern Kentucky Correctional Complex G. Nelson, Co-Chair; Senators Ju- Head noted that children will be in trian Games in France will carry an the state ran the food service and lian M. Carroll, Julie Denton, Denise school in September so it is not a Alltech name sponsorship as well. the food was good and served in Harper Angel, Jerry P. Rhoads, Ka- holiday period in Europe. She sug- Mr. Nicholson said the 2010 adequate portions. When a private tie Kratz Stine, Gary Tapp, Robin L gested partnering with European sis- Equestrian Games would not have provider took over, the food portions Webb, and Jack Westwood; Repre- ter cities such as Deauville, France, been possible without the vision and were drastically cut and the food was sentatives Will Coursey, C. B. Embry Kildaire, Ireland, and Shizuoka, Ja- support of the Kentucky General As- worse, that the foods were diluted, Jr., Tim Firkins, Richard Henderson, pan. sembly. Referring to a construction and that they ran out of food every Charlie Hoffman, Dennis Horlander, John Nicholson, Executive Di- update handout, Mr. Nicholson said day and were served leftovers every Joni L. Jenkins, Thomas Kerr, Adam rector of the Kentucky Horse Park, of the approximately $109 million day. When asked by Representative Koenig, Mary Lou Marzian, Charles gave an update on the preparations in capital projects at the park, $80 Yonts if most meat was processed Miller, Tom Riner, Charles Siler, Jim at the Horse Park for the 2010 World million are state funds. He said the chicken or turkey, and other spe- Stewart III, and Brent Yonts. Equestrian Games. Mr. Nicholson new indoor arena and outdoor sta- cific questions about food deficien- Legislative Guests: Represen- said the new indoor arena has already dium have received great reviews and cies, Mr. Willhoit responded in the tatives John Will Stacy and Susan hosted several successful events. He the infrastructure updates were well affirmative and when asked about Westrom. said beyond the 2010 Games, the needed. $28 million in private invest- grievances from prisoners, Mr. Will- Guests: John Nicholson, Execu- facility was needed as the park had ments funded construction and ren- hoit responded that grievances were tive Director, Kentucky Horse Park; outgrown its existing facilities. The ovation of new offices, an addition to ignored, inmates were given other Jamie Link, Chief Executive Officer, new arena allows the park to be com- the museum, and other facilities on punishments for making them, and World Games 2010 Foundation, Inc.; petitive in attracting future events the park grounds. that guards no longer eat the food at Martine Head, Longitude Farm, Deau- and noted that the arena is already Responding to Senator Kerr’s the institutions. When asked about ville, France; and Marchetta Sparrow, booked for 27 events outside of the question, Mr. Nicholson said they the details of his offense, Mr. Willhoit Secretary, Kentucky Tourism, Arts World Equestrian Games. are continuing to promote the games indicated that he did not adequately and Heritage Cabinet. Mr. Nicholson said the genesis and noted that during the Alltech disclose risks of the investments to LRC Staff: Adanna Hydes. behind the Horse Park was John European Equestrian Championships his clients but that he was prose- Co-chair Kerr welcomed every- Gaines’ work to create a people’s in England there was a significant cuted under state law when the Fed- one to the joint meeting of the In- horse farm. It allowed visitors to ex- promotional effort there as well as eral government decided that he had terim Joint Committees on Economic perience Kentucky’s equine heritage. at international equestrian events in committed no offense under federal Development and Tourism, and La- The Horse Park evolved and has been Toronto Canada. law and declined to prosecute him. bor and Industry. Co-Chair Ballard successful in equine entertainment Responding to Representative Representative Yonts asked Mr. thanked the Kentucky Horse Park for and education. Part of that success Ballard’s question, Mr. Nicholson Willhoit to send a letter to the com- their hospitality. is the International Museum of the explained that the World Equestrian mittee with regard to his observa- Senator Carroll noted the ongo- Horse which will host the interna- Games are similar to the Olympics tions of prison food during his incar- ing progress of the Horse Park since tional exhibit titled “A Gift from the and are awarded to different areas ceration. Mr. Willhoit responded that the 1970s and its first hosting of the Desert,” in 2010--a $3 million ex- and countries every four years. The he would send a letter to the com- Rolex three-day event to the upcom- hibit funded principally by the Saudi 2014 Games will be in Europe. He mittee. ing 2010 World Equestrian Games. Arabian Equestrian Federation. It will said it is a possibility that the games Senator Rhoads asked about ed- A motion and second by Rep- feature priceless art and artifacts fea- will come back but other internation- ucational programs at prisons and Mr. resentative Siler and Senator Stine turing the Arabian horse. al events such as the annual World Willhoit responded that Blackburn to approve the minutes of the Sep- Mr. Nicholson said that the Cup Championships and the quali- Correctional Complex had good pro- tember 15, 2009, Labor and Indus- Kentucky Horse Park Foundation fiers for these type events are more grams but that many inmates could try meeting were approved by voice was formed to allow private money promising. He said the Horse Park is not avail themselves of the programs vote. to fund facilities for horse shows. now on the “international road” of because of literacy deficiencies. Mr. Representative Hoffman wel- Currently, there are over 70 national equestrian sports. Willhoit observed that 60% of the comed everyone to the Horse Park. and international events. The original Jamie Link, Chief Executive Of- inmates at Bell County Forestry Representative Edmonds in- intent was for private organizations ficer, World Games 2010 Foundation, Camp were illiterate and could read troduced thoroughbred owner and to be headquartered at the park. In Inc. explained that the equestrian and write. Mr. Willhoit urged that breeder Martine Head of Deauville, 1986, the American Saddle bred games consist of eight world cham- inmates be trained with real life skills France. Ms. Head expressed concern Association opened their national pionships of equestrian sport. The and for work that they can do when that marketing efforts in Europe and headquarters and museum at the 2010 games will be the first to fea- they are released. elsewhere for the World Equestrian park. To date, there are 35 organiza- ture eight disciplines and the first to Representative Tilley urged the Games were lagging. She said Euro- tions headquartered at the park in- include paraequestrian events. Also, members to read the proposed sub- peans involved in equestrian events cluding the United States Equestrian it will be the first time all events will committee report prior to the full may not be aware of the significant Federation. Mr. Nicholson noted the be held in one designated area. The committee meeting in the after- work in place at the Horse Park for number of private sector employees only event not held completely on noon. The meeting was adjourned at the 2010 Games. She said the 2014 who work at the park, stating the Horse Park grounds is the 100 mile Games will not be able to offer the best type of public investment is endurance ride. The Horse Park has

THE KENTUCKY GENERAL ASSEMBLY 53 partnered with surrounding farms for minimum lengths of stay. The aver- packets had been considered. Mr. ford, Julian M. Carroll, Julie Denton, this event. Mr. Link said the equestri- age booking is seven days. He said Link said they are providing motor Denise Harper Angel, John Schickel, an games will be the largest sporting there are rooms available including coaches and the Tourism Cabinet is Dan “Malano” Seum, Kathy W. Stein, event in the United States in 2010. areas outside of Lexington in central working with local governments to Damon Thayer, and Robin L Webb; It will be the second largest sporting and northern Kentucky as well. incorporate public transit systems to Representatives Tom Burch, Larry event in North America, second only Responding to Senator Stine’s help provide transportation for ancil- Clark, Ron Crimm, Tim Firkins, David to the Vancouver Winter Olympics. comment, Mr. Link said regional me- lary travel. Mr. Link said their goal Floyd, Dennis Horlander, Adam Koe- Mr. Link explained that the World dia have been very cooperative in would be to provide free shuttle ser- nig, Reginald Meeks, Charles Miller, Games Foundation is a self-funded, covering the upcoming games. Rep- vice from park and ride locations but Ruth Ann Palumbo, Carl Rollins II, nonprofit organization. The Founda- resentatives are also attending core was unsure if this could be budgeted. Arnold Simpson, Ron Weston, and tion receives its revenues from spon- competitions in Europe to promote If not, they would consider a nominal Susan Westrom. sorships, ticket sales, trade show the games, as well as working with charge for round trip transportation Guests: Mac Stone, Execu- sales, and hospitality sales. It is antic- the FEI and other media outlets in Eu- to and from the park. The volume of tive Director, Office of Agricultural ipated that there will be over 500,000 rope. He said there is a lot of interest visitors in those areas has yet to be Marketing and Product Promotion, spectators at the 16-day event and in group tours so they are working determined. Department of Agriculture; Cur- 500 million television viewers glob- with the Tourism Cabinet to coordi- Senator Harper Angel asked if in- tis Sigretto, Elk Creek Vineyards, Ed ally. The initial projected economic nate efforts with tour operators in formation technology was being fully O’Daniel, President of the Kentucky impact is $150 million. Mr. Link said Europe to promote the games. They utilized in marketing the games. Mr. Winery Association; Arch Gleason, hotel rooms and travel arrangements are also working with other world Link said IT links were being included President, Mary Harvell, General have already been booked. Staffed by markets to market the games. wherever possible. Counsel, Howard Kline, CFO, Ken- approximately 30 people, the Foun- Secretary Sparrow added that Responding to Senator Harper tucky Lottery Corporation; Denise dation will rely heavily on volunteers six international travel writers who Angel’s question, Mr. Link said there Logsdon, Secretary, Kentucky Board for the games, with several thousand specialize in equine sport are cur- are significant security plans in the for Massage Therapy; Pam Jenkins, volunteers currently registered. The rently in Kentucky touring the area works. There will be many foreign Lobbyist, Kentucky Chapter of the Park will host 1,500 to 2,000 media in preparation for the Equestrian heads of state, royalty, as well as lo- American Massage Therapy Associa- from around the world. Games. She said the cabinet has a cal, state, and national dignitaries. tion. Mr. Link said ticket sales public relations firm in London to He said there will be perimeter secu- LRC Staff: Tom Hewlett, Bryce launched September 25 with over market in Europe and other efforts rity as well as internal event security Amburgey, Michel Sanderson, Carrie 125,000 sold to date. Through ticket include marketing horse shows in in place. He said it is important to Klaber, and Susan Cunningham. sales, the Foundation has obtained Canada. Secretary Sparrow said the be secure without undue intrusive- Minutes of the September 11, one third of their revenue. Mr. Link cabinet has been working with re- ness. Prohibited items lists will be 2009, meeting were approved as said although the event has a $76 gional tourism partners in marketing posted in the parking lot, at the park submitted without dissent. million budget, the competitions the games. entrance and on the website for the First on the agenda Senator Da- must be flawless, therefore a great Senator Westwood asked if games. mon Thayer introduced a bill he is deal of resources have been devoted there was a transportation plan to Responding to Senator Webb’s considering filing for the 2010 Gen- to operations. Other budgetary ex- get visitors to and from local airports. question, Mr. Link said for safety rea- eral Assembly to consider. He told penses include 35,000 temporary Mr. Link said shuttle plans are being sons there will be a no-dog policy for members his bill was very simple. seats, 300-400 temporary struc- made for nearby airports including the games. The Foundation is work- He said it only changes the cap on tures as well as transportation and Louisville and northern Kentucky and ing with the Lexington Humane So- the amount of wine that a small farm security costs. There will be several daily park-and-ride options are being ciety to provide temporary shelter winery is allowed to produce annual- hundred motor coaches in to trans- developed as well. Car rental agen- if needed and many hotels are pet ly. He said the current cap is 50,000 port attendees to the games daily. cies have been contacted regarding friendly. The no-dog policy will also gallons per year and his proposal The marketing budget is strategically their inventories. be publicized. Mr. Nicholson added raises the cap to 100,000 gallons set up to promote the games region- Responding to Representative that dogs are not allowed by orders of per year. Senator Thayer said that ally, nationally, and internationally. Embry’s question Mr. Link said tick- the United States Department of Ag- when Senate Bill 82 was passed no The Foundation is working with the ets have been sold to people from riculture to help prevent the spread one anticipated the rapid growth in International Equestrian Federation, all 50 states and over 40 countries. of communicable diseases between the Kentucky wine industry and that Alltech, Inc., several equine publica- He said Europe will be the strongest dogs and horses. He said dogs will be there are some wineries getting close tions and journalists to market the market but they are marketing in ar- welcome at the park before and after to producing 50,000 gallons of wine games and will continue to increase eas outside of Europe as well. the games. per year. marketing in print and electronic Representative Carney expressed There being no further business, Curtis Sigretto, owner of Elk media around the world to promote concern about current financial hard- the meeting adjourned at 11:30 AM. Creek Vineyards, told committee ticket sales. Mr. Link said the Foun- ships schools are facing and having Following the meeting the com- members that he moved to Kentucky dation is also working with the Ken- to pay a fee for children to tour the mittees toured the new facilities at in 1985 and opened Elk Creek Hunt tucky congressional delegation and Horse Park. He noted the educational the Horse Park. Club and Sporting Clays. Mr. Sigretto federal organizations primarily in ar- importance of children experiencing said that he has held numerous tour- eas of transportation and security. one of Kentucky’s signature areas. Mr. INTERIM JOINT COMMITTEE naments with clays, including tour- Mr. Link said the “Kentucky Ex- Nicholson said there are a number of ON LICENSING AND naments that have helped raise over perience,” coordinated by the Tour- class tours throughout the year. He OCCUPATIONS two million dollars for the Boomer ism Cabinet, will promote state said that while the fee is a nominal Minutes of the 5th Meeting Esiason Foundation in eight years. tourism, Kentucky products, and $2 per student, he understands the of the 2009 Interim He said that this year the U.S. Open will host Kentucky entertainment. It potential hardship. The education October 9, 2009 shoot was held at Elk Creek with will be featured in a 25,000 square department at the park has designed The 5th meeting of the Interim over 1,000 shooters from around foot facility in the main trade show curricula for teachers to use horses Joint Committee on Licensing and the world. Mr. Sigretto said that as area. Mr. Link said the legacy of the to teach various disciplines. He said Occupations was held on Friday, Oc- an entrepreneur he saw the need first United States sponsored World it is web-based as well. Representa- tober 9, 2009, at 10:00 AM, in Room for fine wine and began construc- Equestrian Games is important. tive Carney suggested waiving the 129 of the Capitol Annex. Senator tion for a winery in 2005. Thanks- Senator Stine said she had re- fee at least for next year. Mr. Nich- Gary Tapp, Chair, called the meeting giving weekend of 2006 Elk Creek ceived complaints about the unavail- olson said it was a worthy idea to to order, and the secretary called the Vineyards opened with a winery de- ability of hotel rooms. Mr. Link sug- investigate. roll. signed to produce 5,000 gallons of gested booking travel through the Representative Wuchner noted Present were: wine. He stated that currently Elk Foundation’s website. He said some the differences in European mass Members: Senator Gary Tapp, Creek is the largest winery in Ken- periods are being booked faster than transportation and that of the Unit- Co-Chair; Representative Dennis tucky with 36 acres planted and 14 others and some hotels are requiring ed States and asked if transportation Keene, Co-Chair; Senators Tom Bu- varieties of wine. Mr. Sigretto said

54 2009 Interim LEGISLATIVE RECORD that the winery is now producing could not add the “Kentucky Proud” Mr. Stone said the incentive has Rockefeller Institute shows that, due over 40,000 gallons and distributes sticker to the back of his wine bottles. been lost to buy Kentucky grapes to the recession, for the first time to Ohio, Indiana and soon Illinois. Also, with the current law he would due to the higher cost of produc- since 1970, gaming revenues to state He said over 50,000 people, per year, lose his tasting room if he produced tion. He said many wineries can pur- governments will be down. He said visit the winery. Also, Mr. Sigretto more than 50,000 gallons of wine. chase grape juice in a barrel rather other states that operate a lottery said he has three stores across the Senator Carroll said that wine than having grapes that were not appear to be about 2% down. state, and has wine in the Kentucky making was brought into Kentucky the right quality. He said the winer- Mr. Gleason said that since the Proud store at Rupp Arena. He said to supplement the decline of tobacco ies have noted that sales are holding Kentucky lottery went on line in that the 50,000 gallon limit hinders crops. He said he was concerned their own even though the economy 1989, sixty percent of lottery sales his ability to grow his product line. with the 100’s of wineries around has been down. Mr. Stone said that have gone to players; commissions He told the committee that a winery the United States that would come the legislature could consider allow- paid to retailers was 6.2 percent of in Indiana sells over 25,000 cases of into Kentucky if the gallonage limit ing for a larger gallonage limit while sales and the lottery’s operating ex- wine to Kentucky visitors on a yearly was increased above 50,000 gallons. still offering incentives. He said that penses have been 7.3 percent with basis. Senator Schickel said if the win- the tasting room is invaluable. He the state getting 26.3 percent. He Representative Westrom asked eries were willing to pay the tax said the Grape and Wine Council is said that $1.66 billion was turned why the industry had a 50,000 gal- when their production rose above evaluating different methods to offer over to the General Fund and this fig- lon cap. Senator Buford responded 50,000 gallons the legislature should incentives as well. ure included $214 million to Support that the small farm wineries were help them. Mr. Stone said the one area of Education Excellence in Kentucky, exempt from paying the 11 percent Mac Stone, Executive Director growth has been expanded retail (SEEK). One point three billion dol- wholesale tax and the wholesale dis- for the Office of Agricultural Mar- which will call for more production lars was dedicated to the Kentucky tribution was subsidized, adding the keting and Product Promotions, ex- at a cheaper price. He said Sunday Educational Excellence Scholarships wineries were afforded other privi- plained to the committee members sales for the smaller winery is the (KEES) Reserve Fund. Thirty million leges such as promotional money. that Stacia Alford was responsible single largest thing that would help dollars was dedicated to the Literacy Senator Buford said that there are 16 for the day-to-day business with the their growth. He said that Sunday Development Fund, and $20.8 million out-of-state licenses and that they Grape and Wine Council and the dis- sales in the tasting room would in- to the Kentucky Affordable Hous- would also be allowed to increase tribution of the Small Farm Winery crease a small farm winery’s business ing Trust Fund (in the years 1999 their gallonage if Kentucky changes Fund. He said that there are current- by as much as fifty percent. through 2003). Mr. Gleason said the cap. Also, the number of win- ly 54 small farm wineries and most of Representative Clark said the that proceeds from the Lottery in FY eries that could direct ship, avoiding those produce less than two or three 50,000 gallon threshold was to pro- 2010 are $3 million off the top goes the wholesale price, would increase. thousand cases per year. He said tect the Kentucky wineries. Regard- to the Literacy Development Fund. Senator Buford said perhaps a solu- even these small wineries cost hun- ing retail sales, he said he was try- Of the remaining funds, 78% goes to tion would be to make a license that dreds of thousands of dollars to start ing to pass legislation to sell wine in scholarship and grant programs; 45% would fit individual small farm win- up. Mr. Stone said that when the larger grocery stores; however, stores is split out to KEES and 55% is to the ery needs. wineries were forced into the three- were reluctant to reserve floor space College Access Program (CAP) and Edward O’Daniel, President of tier system the distribution fund was for Kentucky wine. Kentucky Tuition Grants (KTG). Any the Kentucky Winery Association, started to allow them to have some Senator Tapp said that due to unclaimed prize money, typically be- said that raising the limit to 100,000 competitive advantage. He said that the amount of money that was going tween $8 and $10 million, goes to would bring parity between the state Elk Creek Vineyards has utilized the into the Small Farm Winery fund the the KEES Reserve Fund. He said that law and the federal law. He said a fund. threshold was put in place to make remaining proceeds, by statute, re- new license could be created for dis- Mr. Stone said that the Depart- sure there would be help with adver- main in the General Fund to be used tributors or another type of winery ments of Agriculture and Tourism tising and distribution and would be to support restoration of higher edu- license that would not allow for the share a marketing position and have fair to all Kentucky wineries. cation funds. advantages currently in place. done very well attracting tourists to Senator Buford commented that Mr. Gleason said that during the Senator Thayer said another con- the farms. He said the enologist and Mr. Stone, Representative Clark and last five years the operating costs, sideration to raising the gallon cap viticulturist at the University of Ken- the winery owners might wish to including cash sales, prizes, operat- was helping the grape growers who tucky have been invaluable. He said meet with the distillers and distribu- ing expenses and dividend transfers have crops they cannot sell since the a quality certification program is be- tors to draft language permissive. have fluctuated but are typically in small farm wineries are at capacity. ing developed and they are holding Senator Tapp said that this up- the range of 6 percent. Mr. Gleason Representative Clark said Sena- competitions at the State Fair. Mr. coming session was going to be his said that in 2009 the Lottery made tor Buford’s comments were to the Stone said the benefits of being in last. However, he stated he would the decision to offer free tickets as point. He said that he would be re- the small farm winery program are like to see the General Assembly do a prizes. He said offering free tickets luctant to expand the gallonage cap the $100,000 per year that the win- better job of helping Kentucky busi- kept the players interested in the knowing that out-of-state wineries eries share for marketing and promo- nesses. He said construction proj- game and allowed the Lottery to im- would get the wholesale tax break. tion of their own individual winery. ects all across the state, paid for with prove profitability, explaining that He said that Huber Wines would He said there is a formula that allows tax-payers dollars, are being done by previously a winning two dollar tick- come into Kentucky and put the the larger wineries to have access to out-of-state construction compa- et exchanged for cash and now the smaller farm wineries out of busi- more funds and the smaller wineries nies, electricians, architects. He said ticket is exchanged for another tick- ness. who are not able to invest their half there are in-state vendors who can et. Mr. Gleason said that the Lottery Senator Thayer said he wanted of a large amount to receive a lesser do the job. reduced the limit per drawing on the to help the wineries grow their busi- amount. There is also a prorated for- Senator Tapp also took the op- Pick 3 and Pick 4 games from $3 mil- ness. He added that he would work mula for the distribution funds. portunity to recognize and welcome lion and $2 million to $1.5 million al- with Senator Buford and Represen- Mr. Stone said there is a vint- Senator Robin Webb as the newest lowing the Lottery to achieve a $1.1 tative Clark to draft legislation that ner’s license that allows for produc- member to the committee. million higher gross profit sales for would not be punitive to expanding tion and wholesale distribution of The next item on the agenda was the year, on Pick 3 in particular. Mr. wineries. wine. He said that tasting rooms a presentation from the Kentucky Gleason said the Lottery has reduced Mr. Sigretto added that he did and on-site sales, as well as off-site Lottery Corporation. Arch Gleason, advertising expenses by $2 million; not feel that out-of-state wine sales retail, are the way most of the small President of the Kentucky Lottery reduced salaries, wages and benefits would hurt the Kentucky small farm wineries will operate for a long time gave the annual report. He said lot- by $1.6 million by eliminating 25 po- wineries. He told the committee to come. He said that the issue of tery sales consistently have risen sitions; restructured and minimally that he had marketing ideas that had grape production and purchasing of modestly since it began. He said reduced retailer incentive compensa- “national legs,” but if he could only grapes fluctuates from year to year. the sales improvement last year was tion by $1.6 million; and reduced the produce 50,000 gallons in Kentucky This year was a wet year and the 4.2% with an increase in dividends to cost for scratch-off ticket printing, he would have to produce wine in vintners have problems with sugar the Commonwealth at 6.4 percent. contracted, and professional services California. This would mean that he and ph levels causing an off flavor. He said that a report issued by the by two percent. He said the Lottery

THE KENTUCKY GENERAL ASSEMBLY 55 is still delivering quality lottery ser- would undermine the integrity of the Guests: LaDonna Thompson per diem to the consumer Price In- vices. Lottery and public education. Rep- and Rodney Ballard, Department of dex (CPI, Commissioner Thompson Mr. Gleason said the Lottery resentative Miller asked if there was Corrections; Tony Wilder, Depart- explained that the CPI increase is a profits have increased by six per- a method to track winning scratch- ment for Local Government; Michael good idea. She said DOC has recom- cent in an industry that has seen a off tickets that are redeemed for more Foster, Denny Nunnelley, and Shellie mended a CPI adjustment be figured decrease in profits across the United scratch-off tickets. Mr. Gleason said Hampton, Kentucky Association into the jail per diem on an annual States. He said that the economy in the Lottery tracks the number of of Counties; Vince Lang, Kentucky basis and have requested increased Kentucky has not yet rebounded. He tickets printed and the overall sales County Judge/Executives’ Associa- funding. Commissioner Thompson added that most tickets sold are to of the game as well as validation of tion; Bobby Waits and Marshall Long, noted that they had locked into tying the average citizens, between the prizes claimed. Prizes are considered Kentucky Jailers’ Association; Ron in per diem payments to jails based ages of 25 and 55 with slightly great- unclaimed 180 days after the game Wolf, Louisville Metro Government; upon the services jails provide, but er than a high school education and ends. He added that in an on-line Mark Mangeot, Justice Cabinet; J. D. because of various reasons, a fair an average income. Mr. Gleason said game if no one claims the prize with- Chaney, Bert May, and Tony Goetz, way of determining that payment that currently on-line sales are up in 180 days the ticket is considered Kentucky League of Cities; and Ned structure could not be figured out. 11 percent compared with the previ- unclaimed. Sheehy, Lexington-Fayette Urban- Regarding the recommendation ous year. He said this was driven by Last on the agenda, there was a County Government. that new or expanded jails should Power Ball. discussion of issues for the upcom- LRC Staff: Mark Mitchell, Joe only be constructed after review and Mr. Gleason told the committee ing General Assembly regarding mas- Pinczewski-Lee, John Ryan, Kris approval by DLG and DOC, Commis- that future challenges to the Lottery sage therapy. Pam Jenkins, repre- Shera, Tom Dorman, Matt Niehaus, sioner Thompson stated that 2009, are; increasing instant ticket sales, senting the Kentucky Chapter of the and Cheryl Walters. SB 76 proposed this language and Scratch-Off and Pull-tab, by $11.1 American Massage Therapy Associa- Upon the motion of Representa- was defeated. She pointed out that million; increasing sales of the online tion and Denise Logsdon, Secretary tive Henderson, seconded by Repre- DOC does not have the authority to games, Pick 3, Pick 4, CashBall, Win for the Kentucky Board of Licensure sentative Crimm, the minutes of the prevent a county to build a local jail for Life, 3 Line Lotto and Powerball by for Massage Therapy spoke to mem- September 24, 2009 meeting, were if a county so desires. Commissioner $7.3 million. Mr. Gleason said sales bers. Ms. Jenkins said that massage approved. Thompson noted that DOC does of- in these games have remained even, therapists have been licensed since Representative Riggs recognized fer guidelines and recommendations, or flat, for several years. He said that 2003. Ms. Logsdon said the board Senator Thayer. Senator Thayer ex- but the final decision belongs to the current economic conditions, includ- would like to clarify the definition of pressed the committee’s condolences fiscal court. ing the high unemployment rate, massage therapist to help licensees to Representative Riggs in the pass- Regarding the recommendation have a negative impact on disposable better understand the law. She said ing of his father. that the Kentucky Jailers’ Associa- income. A maturing product mix and specifically the practice of chair mas- Representative Riggs stated that tion and DOC should undertake a increased competition for gaming sage at kiosks in malls should be li- the purpose of the meeting was to thorough review of the management sales are being tracked. Mr. Gleason censed to better protect the public. discuss the implementation of the of medical expenses incurred by the said that the expansion of more ac- She said the board does not intend Auditor of Public Accounts’ recom- county jails, Commissioner Thomp- tive forms of gaming in neighboring to raise fees but wants to clarify late mendations for jails. He referred son stated that in 2006, 14 jails priva- states poses a challenge for Kentucky renewal and reinstatement. She said members to the Auditor’s report tized their medical service. In 2009, sales. He said the Lottery is prepared the board is currently processing which was included in the folders. 44 jails now privatize their medical to respond if Kentucky law is changed applications for certificate of good Representative Riggs then recognized service. She added that jails do work to expand gaming. Mr. Gleason said standing from schools, and are re- Commissioner LaDonna Thompson together for best practices and share the possibility of internet wagering questing to add a nominal processing and Deputy Commissioner Rodney information. Commissioner Thomp- laws changing would have an impact fee to the schools. Ballard with the Department of Cor- son noted that DOC shares best on gaming in Kentucky as well. There being no further busi- rections (DOC). practices with jails, also. She contin- Representative Keene asked why ness to come before the committee, Regarding the recommendation ued to say that jails use the Correct- the Lottery cannot report to the pub- the meeting was adjourned at 11:45 that DOC should develop and imple- Care systems which administers and lic on where profits are dispersed. a.m. ment a uniform jail financial man- facilitates medical care for inmates. Mr. Gleason responded that the Lot- agement system to capture all jail CorrectCare reviews medical charges tery is prohibited by statute to men- INTERIM JOINT COMMITTEE expenditures, Commissioner Thomp- for appropriateness. Commissioner tion programs that benefit from lot- ON LOCAL GOVERNMENT son told the committee that this is Thompson added that if jails use tery sales. Senator Buford asked if it Minutes of the 5th Meeting being done at the county level. She the DOC pharmacy, the state pays was possible to tax lottery tickets. of the 2009 Interim noted that county government uses a for this cost for both county and Mr. Gleason said the tax would have October 28, 2009 uniform budget schedule after being state inmates. She said that jails can to be included in the price of the lot- The fifth meeting of the Interim approved by their local fiscal courts. sometimes use their own pharmacies tery ticket. Senator Buford asked if Joint Committee on Local Govern- Commissioner Thompson added that and still participate in CorrectCare. there are statistics from other states ment was held on Wednesday, Octo- these budgets are submitted to the Commissioner Thompson attributed on product sales when a neighbor- ber 28, 2009, at 10:00 AM, in Room Department for Local Government a 39 percent savings in medical bills ing state expands gaming beyond a 171 of the Capitol Annex. Represen- (DLG). She pointed out that DOC through the use of Correct Care by lottery. Mr. Gleason said he was not tative Steve Riggs, Chair, called the does not have any role in setting jails in the last biennium. aware of any report on this. Sena- meeting to order, and the secretary budget policy at the local level. Regarding the recommendation tor Buford asked if, in Mr. Gleason’s called the roll. Regarding the recommendation that DOC should review and adjust opinion, the Governor could issue an Present were: that DOC should maintain a cu- the state’s funding formula for medi- Executive Order and have the Lot- Members: Senator Damon Thay- mulative population report for each cal expenses so that the funds are ap- tery control Video Lottery Terminals er, Co-Chair; Representative Steve detention center for the fiscal year, plied against actual expenditures for (VLTs) at race tracks. Mr. Gleason Riggs, Co-Chair; Senators Walter identifying the cumulative number medical services, and consider reim- said that VLTs may not be the same Blevins Jr., Julian M. Carroll, Carroll of state, federal, county, and other bursing 100 percent of medical costs as slot machines; but current law Gibson, Mike Reynolds, John Schick- counties/states inmate days for each incurred by jails that have agreed to prohibits slot machines. Represen- el, Elizabeth Tori, and Johnny Ray fiscal year, Commissioner Thompson participate in medical management tative Meeks asked if upper manage- Turner; Representatives Ron Crimm, stated that this is being maintained programs prescribed by DOC, Com- ment was among the staff reduction. Mike Denham, Ted Edmonds, Derrick on a weekly basis. She added that missioner Thompson said they pay Mr. Gleason said the lay-off involved Graham, Richard Henderson, Charlie local governments keep an annual the cost of medical management and 15 sales positions, closing one re- Hoffman, Brent Housman, Adam Koe- population report. that DOC does not have a line-item gional office, and mid-level manage- nig, Stan Lee, Tom McKee, Reginald Regarding the recommendation budget to reimburse the counties at ment positions were reduced. Sena- Meeks, David Osborne, Arnold Simp- that DOC should explore restructur- 100 percent. However, she noted that tor Webb said the legislature should son, Kevin Sinnette, Ancel Smith, ing the per diem fee for holding state 2009 HB 191 was designed to off- be aware of future proposals that Ken Upchurch, and Jim Wayne. prisoners and consider indexing the set the costs of county catastrophic

56 2009 Interim LEGISLATIVE RECORD medical inmates to include caring for DOC has been satisfied with Cor- percentage of jails privatized their that the daily reimbursement rate to pregnant females. rectCare. Commissioner Thompson food services, if they all used a spe- jails happens after a person is incar- Regarding the recommendation replied that DOC has been satisfied cific vendor, and if the contract was a cerated, that pre-incarceration is not that counties should review their with CorrectCare. bid out. Mr. Ballard replied that there reimbursed. Commissioner Thomp- policies with the goal of maximiz- Representative Riggs asked why were three vendors in the Common- son said that was correct. ing inmate fees; ensure the jail has DOC did not do a jail efficiency au- wealth: Aramark, Kellwell, and Can- Representative Wayne expressed an adequate accounting system to dit. Commissioner Thompson said tina. He indicated that the counties concern over the lack of a required track fees owed and collected, Com- that efficiency issues were between made the decision of whether or not bidding process for counties in secur- missioner Thompson explained that the county and the jails. She added to bid for food service. Commissioner ing food service contracts. He stated in FY 2005, jails collected $3.5 mil- that the per diem remains the same Thompson noted that Aramark was that it is in the best interest of the lion; in FY 2008, they collected over amount always. Kentucky’s vendor and the contract Commonwealth to treat prisoners $4 million—an increase of almost Representative Koenig asked was bid. humanely. $600,000. She noted that jail man- how food was bidded out. Mr. Bal- Representative Lee asked how Commissioner Thompson noted agement systems are running nega- lard stated that there is no require- much money is saved by jails con- that in her experience, the philoso- tive balances on amounts owed by ment to bid out food services, but tracting with food service vendors. phy of DOC has been the humane inmates. Commissioner Thompson that there was an increased interest Commissioner Thompson said she treatment of inmates, and they have added that collection of fees owed by in privatizing food services. did not know the current figure but tried to provide social services to the inmates after they are released from Representative Koenig asked would make that figure available to inmates. jail has been difficult because re- how many jails are in Kentucky. Mr. members. Senator Schickel commented leased inmates are often unemployed Ballard said there were 77 full service Representative Lee asked if a that Kentucky is actually used as or transients. She noted that it is jails in Kentucky. reason for the North Point prison riot a corrections model nationally. He easy to obtain a civil judgment, but Representative Hoffman ex- had been determined. Commissioner noted the history of the elected jailer difficult to collect it. She added that pressed concern with private food Thompson responded by saying the and the reasons behind elections. some jails have turned debts over to service. He asked who the main food Cabinet had gathered a critical re- Senator Schickle further noted that, a collection agency to see if monies service contract was with generally in sponse team and was conducting ex- as the Auditor indicated in the jail owed can be collected. Kentucky. Commissioner Thompson tensive investigations to determine study, that many jails were efficient Regarding the recommenda- stated that Aramark was the main the cause. She noted that a report and used best practices, and could be tion that jails, at a minimum, use food service contractor and provides was pending. Mr. Ballard interjected used as models. He said that, in his competitive bidding or documented food service for the state. that in his county’s jail, privatizing experience, riots were the result of a price comparisons to purchase food Representative Hoffman asked if food service saved five staff posi- breakdown in discipline. or meals, and if meal costs are above DOC knows of any jail that had re- tions. He further noted that food can Senator Blevins commented that the statewide average, fiscal courts turned to providing their own food be bland but that he regularly sam- the General Assembly has to step up should demand explanations, Com- service once they had privatized. Mr. pled the food. to the plate to fund jails. He ques- missioner Thompson said jails are Ballard said he knew of none that Senator Thayer asked how many tioned practices of continuing to im- privatizing services more and more. had done so. jails used Aramark. Mr. Ballard an- prison individuals who are not longer She said the smaller the jail, the less Senator Carroll asked how much swered that 20 jails used either Kell- threats. Senator Blevins also com- the jail is able to privatize because it costs to house a prisoner. Com- well or Aramark. Senator Thayer not- mented about radio communications of a lack in volume. With more jails missioner Thompson replied it was ed that Aramark was an often used problems in facilities. He asked about privatizing their food service, she over $50 a day to house a prisoner vendor and suggested that no riots canteens in prisons. After explaining said it has allowed jailers to call and in a state facility and that the state had occurred in other locations. how canteens operate, Commission- do price comparisons of their food pays $34 a day to house a state pris- Representative Henderson asked er Thompson noted that grants have service operations. oner in a county jail. Senator Car- if there has been any discussion to been received by DOC for radios and Regarding the recommendation roll wondered why the state would consolidate jails. Mr. Ballard replied monitoring equipment. that jails should report to the fiscal not house more prisoners in county yes, but there are no tax incentives Representative Edmonds com- court all elements of the financial jails and then expressed concerns and no help from the legislature. mented that a county consolidation transactions involving telephone ser- about the lack of educational attain- Representative Henderson also bill has been prefiled and that coun- vice vendors, Commissioner Thomp- ment amongst prisoners. Commis- asked if DOC would agree that most ties are discussing consolidation as a son stated that revenue and expen- sioner Thompson indicated that the jails are in the red. Mr. Ballard said way to help with the cost of funding diture transactions are between the per diem costs for housing prisoners “yes.” Representative Henderson jails. local jailer and fiscal court. She noted were averages and that program lev- expressed concern over drug related In reference to Representative that DOC could require reports, but els offered in the institutions were medical cost impacts to jails and Wayne’s comments about potential it would have no impact on the con- a factor also. In addition, she cited noted the necessity of consolidating bidding abuses, Representative Koe- tracts. the classification of prisoners held in jails. nig noted that counties do have re- Regarding the recommendation county jails and statutory require- Regarding food costs for jails, quired ethics codes and are regularly that DOC should perform a man- ments relative to the housing of pris- Senator Tori asked how many jails audited. datory jail efficiency audit if a jail oners in county and state facilities. cultivate their own food. Mr. Ballard Representative Riggs invited requests state reimbursement for Senator Carroll asked how many said he didn’t have the exact num- DOC to suggest legislative changes inmates and inmate cost per day ex- regional jails were in Kentucky, and ber but that several jails grow their they felt necessary. ceeds the state average by more than if DOC was working to increase that own food. Senator Tori also asked if Representative Riggs next in- 10 percent, Commissioner Thomp- number. Commissioner Thompson DOC encourages jails to grow their troduced Commissioner Tony Wild- son said that DOC does not do an said there are three regional jails. own food or is it left up to the jailers. er with the Department for Local efficiency audit. She explained that She noted that regionalization was Mr. Ballard said they do encourage it, Government (DLG). Commissioner DOC pays a set fee to house state a recommendation in the University but that many of the urban jails do Wilder told the committee that inmates; and the jailers work with of Louisville jails study. Senator Car- not have the land to grow their own DLG receives reports from jails on a the fiscal courts for any amount in roll asked if that study could be made food. quarterly basis. He stated that jail- excess of that amount. available to the committee. Commis- Representative Crimm asked ers must present their budget to Representative Riggs asked if sioner Thompson said that study what behavioral controls are available the fiscal court by April 1st. Com- DOC brought a copy of the review of would be made available to the com- in prisons. Commissioner Thompson missioner Wilder explained that it the medical expenses. Commissioner mittee. replied that external punishments are becomes part of the general budget Thompson replied no, but they would Senator Carroll also asked how available, such as additional charges, that is considered on May 1st. He see that the committee got a copy of many prisoners were high school and internal controls are available, added that DLG receives budgets to it. She cited some medical savings dropouts. Commissioner Thompson such as segregation. review to see if they are balanced figures from the report. said she would find out. Representative Wayne com- and receive and monitor quarterly Representative Riggs asked if Representative Lee asked what mented that it was his understanding reports. Commissioner Wilder noted

THE KENTUCKY GENERAL ASSEMBLY 57 that ultimately fiscal courts bear fi- AND ENVIRONMENT Kentucky is very exposed to risk bon dioxide. Slow leaks can occur. duciary responsibility. Regarding the Minutes of the 4th Meeting in a carbon constrained world. This Representative Moore asked building of jails, he stated that coun- of the 2009 Interim is due to Kentucky’s reliance on coal. what food grade carbon dioxide is ties must go through the state-local October 23, 2009 More homes in Kentucky are heated and what the primary waste prod- finance officer when seeking bonding The 4th meeting of the Interim by electricity, and we have energy in- ucts of animals are. Mr. Andrews re- for amounts in excess of $500,000. Joint Committee on Natural Resourc- tensive industries located in Kentucky plied food grade carbon dioxide is the Commissioner Wilder said there are es and Environment was held on Fri- that take advantage of the cheaper substance in soda pop that makes it statutory requirements in existence day, October 23, 2009, at 1:00 PM, power rates. Kentucky’s carbon di- fizz, and the primary output of ani- for these procedures. in Room 131 of the Capitol Annex. oxide emissions per capita are higher mals is carbon dioxide through respi- Representative Riggs noted that Senator Tom Jensen, Chair, called the than in other states. Based on as- ration. Rep. Moore used these ques- there are 40 jails that are doing well meeting to order, and the secretary sumptions provided by the Kentucky tions to argue that the question of and the remainder are not doing as called the roll. based electric utility, E.ON U.S., carbon dioxide as a pollutant is hyper well. He asked what DLG was doing Present were: rates will increase dramatically under sensitized in the public sphere, and to spread best practices information. Members: Senator Brandon carbon constraint policies. It may rarely is the cost of controlling car- Commissioner Wilder answered that Smith, Co-Chair; Representative Jim result in a loss of Kentucky’s highly bon emissions illustrated in a man- best practices were discussed at Gooch Jr., Co-Chair; Senators David competitive heavy industries as they ner juxtaposing GDP and emissions the various conferences conducted E. Boswell, Tom Jensen, Ray S. Jones seek to relocate to less costly ener- levels as shown by Mr. Andrews in throughout the state. II, Bob Leeper, Dorsey Ridley, John gy sources. Kentucky’s options are testimony. Representative McKee asked if Schickel, Katie Kratz Stine, Robert to switch to natural gas or to build Mr. Andrews stated there is a there are jails showing a profit and Stivers II, Gary Tapp, and Johnny Ray new plants that have better efficien- relationship between affluence and if so, which jails. Commissioner Turner; Representatives Hubert Col- cies. Switching to natural gas shifts carbon dioxide emissions. It is not Wilder stated that there are some lins, Stan Lee, Reginald Meeks, Tim the dependence away from coal to possible to determine whether con- jails showing a profit, but he did not Moore, Don Pasley, Marie Rader, gas but gas prices have fluctuated trolling carbon dioxide emissions will know which ones. He noted that the Kevin Sinnette, Ancel Smith, and Fitz widely. Kentucky has limited renew- lead to a decline in the standard of liv- number of “paid” prisoners makes a Steele. able resources so those options are ing in the United States. Rep. Moore difference in profitability. Commis- Guests: Rodney Andrews, Cen- limited but Kentucky can improve stated that it is important to em- sioner Wilder said he would make ter for Applied Energy Research; energy efficiency. phasize that Western carbon emis- that information available to the John Lyons, Division of Air Quality; Kentucky needs to focus on pre- sions are related to the United States committee. Tim Vaughn, Kentucky 8-1-1; Bruce combustion capture because it is un- productivity rate, but the technology Senator Thayer stated that at Scott, Department for Environmental likely that the state will decommis- will likely overcome the carbon issue the next meeting, the committee Protection. sion its existing plants. However, in as it has addressed other problems in should hear from the jailers that are LRC Staff: Tanya Monsanto, order to achieve precombustion on the past. making money and what they are do- Biff Baker, Lowell Atchley, and Kelly existing plants, investments must be Rep. Gooch stated that the algae ing right. Blevins. made on expensive retrofits. Ken- technology is very promising even Representative Denham asked Senator Jensen announced that tucky also has deep saline aquifers, though the acreage needs are signifi- Commissioner Wilder if he could rec- the committee had a quorum and and there is considerable discussion cant. Environmentally friendly solu- ommend one thing to reduce prison asked for a motion to approve the among experts regarding biological tions can be uneconomic if there are population, what it would be. Com- minutes from September 25, 2009. organisms such as algae being used significant resource needs to produce missioner Wilder said he would rec- After a motion and a second, the to fix carbon in permanent storage the energy. It takes 26 percent of the ommend substance abuse treatment minutes were approved. Then Sena- sites. In fact, Kentucky will need to nation’s renewables to replace what instead of jail time. tor Leeper gave a brief report of the do everything it can to limit carbon Kentucky produces in electricity in Senator Gibson, after citing Regulated Utilities Subcommittee. emissions because of the reduced a year’s time. Mr. Andrews agreed some local statistics and practices of He stated that the meeting dealt with number of options available. that there are negative effects from his local regional jails, commented funding for emergency 9-1-1 service. Currently there is no best avail- some of the renewables particularly that there needs to be more regional It also received testimony on 2-1-1 able technology to capture or limit water needs and it is certainly true jails. He noted that federal prisoners nonemergency service. The subcom- carbon emissions as there is for other that algae farms require land and wa- tend to be profitable for jails. mittee took reports from 9-1-1 coor- pollutants, and coal remains one of ter. Retrofits to existing plants will Representative Riggs lastly in- dinators in Ohio and in North Caro- Kentucky’s best natural resources. It cause efficiency losses in electric troduced Mr. Michael Foster, Presi- lina. After a motion and a second, will continue to be a mainstay as an generation. dent of the Kentucky Association of the report was approved. energy feedstock. Kentucky would Senator Leeper asked how much Counties (KACo). Mr. Foster stated Senator Jensen announced the have a superior position dealing with energy comes from Kentucky coal, that he agrees with a unified cor- chair’s intention to request a De- the issue of carbon constraints if the and have you examined the issue of rections system, and that training cember meeting and directed staff to state expended resources on energy nuclear energy. Mr. Andrews replied should be provided for jail efficien- proceed with a LRC request. Then efficiency up front rather than ex- about 5% of the nation’s energy is cy. He mentioned that as Christian Senator Jensen introduced Rodney pended resources on capturing and from Kentucky coal. Kentucky mines County’s attorney, he was proud of Andrews with the Center for Ap- sequestering emissions on the back around 100 million tons and burns his county jail’s performance. Mr. plied Energy Research. Mr. Andrews end. Biomass is the only realistic only 35 million. So the rest goes to Foster noted that the jail design has discussed current technologies in long-term, reliable source of renew- the nation. The Center for Applied a lot to do with efficiency. He stated carbon management and projected able energy in Kentucky. Energy Research has not examined in his personal opinion, there should energy demand in the United States. Senator Jensen asked if carbon nuclear energy because of the mora- be more oversight because some Currently, the United States emits could escape from the sequestra- torium on nuclear power. The tech- jails were built that should not have roughly 6 million metric tons of car- tion site after injection, particularly nology is viable, but it hasn’t been been built. Mr. Foster mentioned that bon dioxide and that is projected to if a catastrophic event like an earth- subject to further research. Sen. privatization of food services should expand. Electric generation is the quake occurred. Mr. Andrews replied Leeper followed Mr. Andrews’s re- remain a local decision, noting that largest source of carbon dioxide; that some carbon escapes, some sponse by arguing that the morato- Christian County feeds its prisoners although transportation supplies carbon dissipates over time, but the rium prevents the state from looking for $1.04 per prisoner per day. roughly equal quantities. The bigger majority will remain captured under as new technologies and ideas. There being no further business, picture with carbon dioxide is that pressure. Some of the carbon will Then Mr. John Lyons with the the meeting was adjourned at 12:00 while most emissions currently come become fixed as calcium carbonate, Kentucky Division of Air Qual- p.m. from the developed world, the newly and yes, an earthquake could cause ity provided an update on air qual- industrializing countries, particularly a catastrophic well failure. It is a re- ity throughout the state. He stated INTERIM JOINT COMMITTEE those in Asia, will contribute con- mote possibility. The biggest issue that air quality is inextricably linked ON NATURAL RESOURCES siderably more carbon dioxide in the for those working on carbon capture to energy production. Currently, air future. and sequestration is migration of car- quality is good in Kentucky due to

58 2009 Interim LEGISLATIVE RECORD improvements over the past eight petitions are similar for most cases. center would work through a process oversight, no control over how much years. Programs such as the NOX-SIP One legislator asked if the prevailing to aid utilities in locating lines and the local governments could charge, and Acid Rain have shown success. parties can recover from the action informing all the parties before exca- and no requirement that the 911 ser- For example, sulfur dioxide emissions and has the state ever sought recov- vation work begins. Sen. Jensen then vice actually be provided after the fee have dropped from 79% over the past ery after a decision was found in the announced the next meeting would was imposed. In 1998, North Caro- 25 years since the program’s incep- state’s favor. Mr. Lyons stated he did be held on November 17, 2009 at lina adopted legislation to impose a tion. The only nonattainment ozone not know about right of recovery but 1:00 PM which is not the regularly single statewide wireless 911 fee ad- area is the Boone-Kenton-Campbell the state had never pursued such re- scheduled date. After a motion and ministered by a 911 board. In 2007, area, but this area should be redes- covery. If this is a viable option then a second, the committee adjourned. another bill was passed to establish ignated to attainment in the coming the Division will keep the opportu- a uniform minimum level of 911 ser- year. nity under advisement. The Division vice across the state. This bill cre- In 2008, U.S. EPA lowered the expends considerable personnel time INTERIM JOINT COMMITTEE ated a flat 911 fee for all voice com- standard which led to many counties on litigation. There are three attor- ON NATURAL RESOURCES & munication devices, implemented a being designated as in attainment, neys dedicated to air quality litiga- ENVIRONMENT distribution method for the 911 fees but the new administration is pro- tion. Subcommittee on Regulated Utilities collected, and modernized delivery posing a more stringent standard of Sen. Jensen asked if the attor- Minutes of the 1st Meeting of 911 service through the state 911 .02 and if this goes into effect than 20 neys have ever asked that sanctions of the 2009 Interim board. counties will fall into nonattainment. be imposed to prevent frivolous law- October 23, 2009 Under the 2007 bill, a 911 fee of Then, Mr. Lyon discussed regulatory suits. Mr. Lyons stated no. Sen. The 1st meeting of the Subcom- $0.70 was imposed on all active voice actions in the past year. The issue for Schickel asked for clarification on a mittee on Regulated Utilities of the communication connections that are Kentucky is the new “endangerment statement that air quality has never Interim Joint Committee on Natu- capable of accessing the 911 system. finding” which was issued as a new been better. Mr. Lyons clarified that ral Resources & Environment was The collected funds are distributed rule by U.S. EPA. It is not finalized the programs to reduce air pollution held on Friday, October 23, 2009, at back to each Public Safety Answer- but will require Kentucky to start ad- have worked and Kentucky has a very 10:00 AM, in Room 131 of the Capi- ing Point (PSAP). The distribution dressing the problems of greenhouse good monitoring program. tol Annex. Senator Bob Leeper, Chair, formula has two parts. The first part gases. The endangerment finding Sen. Jensen then announced called the meeting to order, and the is a base amount that is equal to the grew out of the attempt to target that Sen. Stivers had just been secretary called the roll. 911 funding level for the local gov- new vehicle emissions of greenhouse named Majority Floor Leader for the Present were: ernment or PSAP at the time the gases. However the finding will af- Senate, and the committee congrat- Members: Senator Bob Leeper, new system was implemented. The fect Title V Prevention of Significant ulated Sen. Stivers on his new posi- Co-Chair; Representative Fitz Steele, second part entails the board using Deterioration PSD permits and may tion. Then, Sen. Stivers asked about Co-Chair; Senators David E. Boswell, the leftover collected funds to either address best available control tech- carbon dioxide monitoring, whether Brandon Smith, Katie Kratz Stine, set a percentage for per capita dis- nology. Also the greenhouse gas emissions come from oceans, and and Gary Tapp; Representatives Hu- tribution or to make grants available reporting rule went into effect. Mr. how much carbon dioxide Kentucky bert Collins, Tim Couch, Keith Hall, to assist PSAPs with their purchas- Lyons then discussed legal challeng- produces. Mr. Lyons replied that the and Marie Rader. ing needs. In order to be eligible for es and the impact of future climate Division does not monitor emissions Legislative Guests: Representa- the additional money, the PSAP must change legislation. Mr. Lyons stated of carbon dioxide. Mr. Andrews in- tive John Will Stacy. provide enhanced 911 service (both that the problem is there is no money terjected that he estimates Kentucky Guests: Richard Taylor, Execu- wireline and wireless service). to cover these regulatory changes as produces roughly 93 million tons of tive Director for Information Tech- The bill also required the board to the Division like other agencies has carbon dioxide per year. He would nology Services, North Carolina develop a statewide 911 plan, which significant budgetary shortfalls. provide some comparable statistics 911 Board; Shawn Smith, Ohio 911 is basically a business plan for 911 Sen. Jensen asked if there are on sources of carbon dioxide. Coordinator; Joe Barrows, Execu- service delivery. The plan develop- federal resources to address the fiscal Secretary Len Peters of the En- tive Director, Kentucky Commercial ment began in 2008 with the hiring problems. Mr. Lyons responded that ergy and Environment Cabinet stated Mobile Radio Service; David Lucas, of a company to do data collection to the agency receives a 105 grant, and that oceans are a carbon sink; they Chairman, Commercial Mobile Radio determine what was occurring in pri- there may be an increase in that grant absorb carbon dioxide. However Service Board; Terry Tolan, President, mary and secondary PSAPs. Since the amount. However if the general fund human respiration and plants con- Kentucky United Way; and Hollie 2007 funding model is not sustain- match is unavailable then there is tribute emissions as well as other Hopkins, Kentucky United Way. able, a new model is currently under less money from the federal govern- anthropogenic sources. The concern LRC Staff: Tanya Monsanto and development through the statewide ment. Sen. Jensen asked how much is that there may be an upset in the Kelly Blevins. plan, which should be complete by general fund dollars are needed. Mr. carbon balance over the past 100 A quorum being present, Chair December 1. Several changes in the Lyons replied roughly $400,000. years during the industrial revolu- Leeper welcomed the members and system to be included in the plan are Rep. Gooch stated he was dis- tion. Sen. Stivers followed up asking stated that the meeting would be already being considered. First, PSAP heartened because the United States for a breakdown on sources. Secre- about the important issue of 911 funding should be considered on a may not meet its energy demands. tary Peters stated that the cabinet funding within the Commonwealth. cost per seat basis. If a PSAP em- These new pollutants will add to the could provide that information. He then invited Richard Taylor from ploys fewer than two people working existing litigation tying up good proj- Rep. Steele asked about an event the North Carolina 911 Board and seven days per week, then it should ects. He asked if anything could be in Pikeville on October 13th and Shawn Smith from the Ohio 911 be forced to consolidate with anoth- done from a legislative standpoint to whether there is information about Board to give testimony regard- er PSAP. The number of PSAP seats stop legal actions from stalling proj- the response from US EPA. Com- ing 911 funding in their respective per county should be determined by ects. Mr. Lyons stated that he had missioner Bruce Scott states that the states. population and the amount of cost no suggestions. The Division will U.S. Army Corps of Engineers will Mr. Taylor began by discussing for delivery. continue to issue permits along the determine whether the nationwide the 911 funding system in North Car- Another important power of the existing regulatory guidelines but 21 permit will continue to be avail- olina prior to the advent of cellular board is the authority to conduct au- an interesting aside is that the le- able or whether the permitting pro- phones. Now there are many types dits of PSAPs to ensure proper use of gal challenges are now at the federal cess will develop into a single permit of technology for accessing 911 that funds. Additionally, the PSAP grant rather than state level. system. A decision is not made at previously did not exist. North Caro- account is important to ensure that Rep. Gooch continued by asking this time. lina adopted a leadership approach to PSAPs in rural and high cost areas who files the legal actions. Mr. Lyons Sen. Jensen thanked everyone coping with changes in technology. are able to deliver the quality of 911 responded principally the Sierra Club for attending the meeting and invited In 1989, a 911 bill was passed that service available in other areas of the and other environmental groups. Mr. Tim Vaughn to speak on a legis- allowed counties to impose a fee on state. One particular grant awarded The U.S. EPA has the final decision lative proposal involving 8-1-1. Mr. wireline phones to be set at the local to a PSAP was to fund an orthopho- of Prevention of Significant Deterio- Vaughn stated that they propose an government’s discretion. This system tography project for the entire state. ration (PSD) permits. The filings and 8-1-1 call center in Kentucky. This caused many problems; there was no This is an exciting project because it

THE KENTUCKY GENERAL ASSEMBLY 59 will allow every county in the state efficient way. Mr. Taylor said that they commission is allowed to keep up service to the state. One option is to to update their mapping systems are comfortable with the oversight to two percent to cover their costs, collect the funds at the point of sale, and will allow PSAPs across different and that the money is being spent but usually only keeps one and a another is to deduct leftover minutes counties to share geographic infor- properly. There is some concern that half percent. The remaining money from a user’s account at the end of mation. there are one hundred twenty-nine is remitted to the counties based the month equal in value to the cost There are two grant programs: 911 centers serving one hundred on a percentage that is calculated of the surcharge, and yet another is one is “continuity and consolida- counties. The telecommunications once per year based on information to take the carrier’s Ohio revenues, tion” which provides funding and companies believe that the job could provided by the wireless carriers on divide them by fifty, and multiply by gives priority to any county that be done with fewer call centers. the number of wireless customers in $0.28. This formula was derived from wants to consolidate a PSAP, and the Co-chair Steele asked how long each county. The money remitted to average pre-paid wireless use data. other is the “enhancement program” the board members served per term. the counties can be used for wireless Mr. Taylor responded that North that provides funding for pursing Mr. Taylor responded that they have purposes, like costs for networking Carolina is currently in a three year new technologies for PSAPs. a four year cycle with unlimited re- equipment. The wireless surcharge moratorium on collecting pre-paid Currently, a 911 study group cre- appointment potential. The Gover- includes pre-paid providers (Tennes- wireless surcharges. One of the pre- ated from 2009 legislation is study- nor, the President Pro-Tem and the see Model). Ohio does not have audit paid companies has sued the state of ing the 911 funding and distribution Speaker of the House each get an authority over the counties. North Carolina because they believe system. The group is composed of equal number of appointments. The wireless surcharge was in- that were not required to pay the county commissioners, PSAPs, and Chair Leeper thanked Mr. Taylor tended to sunset in 2008, but it was surcharge under the current North PSAP associations, but no carriers. and asked Mr. Smith to give his pre- extended to 2012 and lowered from Carolina legislation. As a result, a Visit www.nc911.gov for more infor- sentation regarding the 911 funding $0.32 to $0.28. Also, the number of new pre-paid model is under devel- mation. system in Ohio. PSAPs that could operate under the opment in North Carolina. Chair Leeper thanked Mr. Taylor Mr. Smith began by discuss- funds remitted to the counties was Mr. Smith clarified that in Ohio, for his presentation and asked him if ing the history of 911 legislation in capped at 5. the burden is still on the pre-paid there were any mistakes or lessons Ohio. In 1985, legislation was passed To date, $107 million has been carrier to remit that payment to the learned from the implementation of to set up a framework through which distributed since 2005. Last year state. Mr. Taylor was talking about the new 911 system in North Car- counties could offer 911 service $37.3 million was distributed to a retail model whereby the retail- olina that Mr. Taylor would like to through fees assessed on wireline counties. There are 300 PSAPs in 88 ers collect the payment and remit it share. telephone connections. Each county counties, and roughly half of those directly to the state, bypassing the Mr. Taylor responded that they had to pass a 911 plan that detailed PSAPs can take wireless calls. The pre-paid carrier. could have done a better job of em- which companies would provide the tariffs charged by phone companies Co-chair Steele asked if the wire- phasizing the importance of enhanc- service, how the service would be range anywhere from $0.12 to $0.24 less surcharge was administered per ing the 911 system through the con- funded, how the funds would be allo- per month per customer. There are phone or per wireless plan. Mr. Taylor solidation of secondary PSAPs. cated, how many 911 centers would 64 counties providing Phase II (loca- and Mr. Smith both responded that Chair Leeper asked if there were take calls, and what territories those tion of the caller and callback num- the surcharges were administered per counties when the new system was centers would serve. The plans had ber) service and 73 providing Phase I phone. implemented that had been collect- to be approved by the municipalities (tower location information and call- Chair Leeper next invited Joe ing 911 fees but still did not have a and townships in the county before back number). All 88 counties pro- Barrows and David Lucas of the Ken- 911 service in place. Mr. Taylor stated they could take effect. vide wireline enhanced 911 service. tucky Commercial Mobile Radio Ser- that the county must have 911 ser- In Ohio, wireline 911 is funded Chair Leeper asked if the Ohio fee vice (CMRS) Board to discuss wire- vice in order to receive any funding under a bill-and-keep system where- was a set statewide fee. Mr. Smith re- less 911 funding in Kentucky. through the 911 board. The counties’ by wireline telephone companies sponded that the $0.28 wireless fee Mr. Barrows began by explain- ability to impose a fee was also elimi- submit tariff proposals to the Pub- was a statewide fee while the wireline ing how 911 services are funded in nated with the 2007 legislation. lic Utilities Commission for review. fee varied according to the tariff set Kentucky. Counties are allowed to Senator Boswell asked if any- The charges are capped at the cost in each area. Chair Leeper then asked set their own local wireline fees by one was prosecuted in the counties to the provider, and the individual if the fee was set by county, and Mr. ordinance. The CMRS has no juris- that improperly used funds collect- users are billed on a monthly basis Smith stated that the fee was estab- diction over wireline fees; it only ed to provide 911 service for other to cover the network portion of the lished by telephone service area. deals with the collection of wire- purposes. Mr. Taylor said that some 911 system. County 911 centers do Chair Leeper asked Mr. Taylor less 911 fees from wireless carriers. were prosecuted. not receive any bill for the wireline what the fee structure in North Car- The board consists of ten uncom- Rep. Collins asked how many network portion of the 911 system. olina was, and Mr. Taylor responded pensated members who are mostly 911 board members there were. Mr. Local governments can set a fee not that it was a set $0.70 fee across the telecommunications experts or 911 Taylor responded that there were 17 to exceed $0.50 to cover the costs board. Costs for providing wireline practitioners. The wireless surcharge members. There are not many local of 911 services. The fees are col- service are passed on to the PSAP, collected by carriers is $0.70, which government representatives. Most lected by the wireline companies and unlike in Ohio, where the costs are is then remitted to the CMRS and of the voting of the board has not remitted to the counties on a quar- assumed by the carrier. disbursed to PSAPs. Carriers are al- been politically motivated; the mem- terly basis. Under this plan, counties Chair Leeper asked Mr. Smith lowed to keep one and one-half per- bers are genuinely concerned with could only have three primary 911 why some PSAPs in Ohio did not cent for administrative costs (about furthering the best interests of the centers. Counties also had the option take wireless calls. Mr. Smith said $0.01 of the $0.70 collected). The state. of passing a tax on real or improved that when the PSAPs were originally rest is sent to the board, which keeps Rep. Collins then asked how the property; the charge to the individual established, wireless phone technol- two and one-half percent for admin- board was compensated and what owner was capped at the estimated ogy was not yet available. When the istrative costs (about $0.02 of the percentage of the collected funds cost of the 911 system. Sales taxes need to support wireless calls arose, remaining $0.69). From the remain- went toward the administration of or property taxes to be levied for no some PSAPs were allowed to opt out ing balance, $0.07 goes to a grant the board. Mr. Taylor stated that the more than five years could also be from taking the wireless calls because fund, which generates about $2 mil- board was not compensated and that passed by the counties. they had no funding to update their lion per year. The remaining $0.60 is one percent of the fees collected was In 2004 Ohio passed wireless equipment. divided between direct payments to retained by the carriers first, and 911 funding legislation, which origi- Sen. Stine asked how pre-paid PSAPs which get $0.48 (about $16.5 then one percent of the remainder nally set the wireless fee at $0.32 to cell phone surcharges were applied in million) and carriers which get $0.12 went to the operation of the board. be collected by the wireless provider. both Ohio and North Carolina. Mr. (about $4 million per year) through The board distributes $0.68 for every Wireless providers were allowed to Smith responded that Ohio adopt- the cost recovery program. Half of the $0.70 collected. keep two percent of the fee for ad- ed the “Tennessee Model” through $0.48 that goes to PSAPs is put into Chair Leeper asked if carriers are ministrative costs and the remaining which pre-paid providers were of- a pro-rata account through which comfortable that the money being ninety-eight percent is remitted to fered a variety of options to remit all PSAPs throughout the state get collected for 911 is being used in an the Public Utilities Commission. The the funds that they collect for 911 the same quarterly distribution. The

60 2009 Interim LEGISLATIVE RECORD other half is distributed by a volume services, physical and mental health federal DHS money, there must be a The second legislative item dis- calculation, which allots more mon- services, employment support, dis- public-private partnership. The Unit- cussed by Secretary Grayson was the ey to areas that have higher wireless ability assistance, and volunteer op- ed Way itself could not obtain the State Board of Election’s clean-up bill. 911 call volumes. portunities that are available in their money on its own. Secretary Grayson stated that the Mr. Lucas commented on the own communities. Chair Leeper thanked Ms. Tolan primary change in the bill concerned success of the legislation that brought As many as sixty percent of calls and Ms. Hopkins and the commit- members of county boards of elec- about the current wireless 911 fund- made to 911 are actually for non- tee members. There being no fur- tions and, specifically, the procedures ing system in Kentucky. Kentucky emergency purposes. If people have ther business, the meeting was ad- to temporarily replace a member on was one of the first five states in the an alternative to get non-emergency journed. a county board if they are unable to nation to have border-to-border cov- information, they will use it, thereby serve. This bill also would address erage for wireless 911. There are 102 reducing the number of inappropri- the procedures for handling absentee PSAPs in the state, with the Ken- ate 911 calls. This makes 911 call INTERIM JOINT COMMITTEE ballots, training for election officers, tucky State Police providing service centers more effective and efficient. ON STATE GOVERNMENT and the security of ballot boxes. Sev- in over twenty counties. All PSAPs The 211 centers are comprehensive Task Force on Elections, Constitu- eral members of the Task Force posed must be certified before they receive resource databases for all the servic- tional Amendments, and Intergov- questions regarding the provisions money from the CMRS. es available in Kentucky. These data- ernmental Affairs governing the replacement of board Sen. Stine asked how pre-paid bases can be especially important for Minutes of the 3rd Meeting members, with some concerned that carriers were charged in Kentucky effectively directing callers to the re- of the 2009 Interim the county boards could have trouble and how the competitive grant pro- sources and services that they need October 27, 2009 getting a quorum if the proposed re- gram worked. Mr. Lucas responded in times of disaster. Many states The 3rd meeting of the Task Force placement was subject to approval. that the program allows up to 10% have one hundred percent 211 cov- on Elections, Constitutional Amend- The third legislative item dis- or a $2 million cap on grant funds. erage, but Kentucky only has forty- ments, and Intergovernmental Af- cussed by Secretary Grayson con- The board has process $5.5 - $6 mil- eight percent coverage, mainly in the fairs of the Interim Joint Committee cerned the maintenance of eligible lion so far. The grants go out 3 times highly populated areas of the state. on State Government was held on voter rolls by county clerks, and per year. Grants are scored by peer Unlike 911, the 211 program did Tuesday, October 27, 2009, at 1:00 the necessity to minimize mistakes groups, who provide the board with not develop organically. A plan for PM, in Room 171 of the Capitol An- caused when city boundaries are final grant scores. The board distrib- statewide rollout of the program was nex. Senator Damon Thayer, Chair, changed and cross precinct lines. For utes grants to the applicants with developed when the number was called the meeting to order, and the this item, Debbie Batliner, from the the highest grant scores. The grants first awarded to the Kentucky United secretary called the roll. Kentucky Municipal Clerk’s Associa- are monitored over the year to ensure Way in 2001, but implementation Present were: tion, joined Secretary Grayson, and that they are properly used. of the statewide program was never Members: Senator Damon Thay- Ms. Batliner noted that this is partic- Sen. Stine then asked how the accomplished. There is now a state- er, Co-Chair; Representative Darryl T. ularly problematic in city and school grants were scored. Mr. Lucas said wide 211 coordinator, and a plan has Owens, Co-Chair; Senators Walter board elections. The proposed change that the scoring depends on several been approved to establish an effi- Blevins Jr., Julian M. Carroll, Alice would require maps of any changes things, including whether the grant cient system of three call centers to Forgy Kerr, John Schickel, Elizabeth in city boundaries to be submitted to is for a 911 allowable expense and handle all of the 211 calls for the en- Tori, and Johnny Ray Turner; Repre- the county clerk to allow the clerk to whether the expense is reoccurring tire state. The Kentucky United Way sentatives Kevin D. Bratcher, Larry correctly allocate voters. Ms. Batliner or if it is a one-time capital improve- is now looking for financial resources Clark, Joseph M. Fischer, Melvin B. noted that this effort was unopposed ment. to fund the rollout. All money for the Henley, Mary Lou Marzian, and Ron by the Secretary of State’s office, the Mr. Lucas stated that the board program currently comes from private Weston. State Board of Elections, the Ken- is currently involved in litigation donors. It would cost about $3 mil- Guests: Trey Grayson, Secretary tucky School Boards Association, the with three carriers who believe that lion to establish statewide 211 ser- of State; Sarah M. Jackson, Rhonda K. Kentucky Association of Counties, the wireless 911 funding legislation vice in Kentucky. Annual operational Farmer, and Emily Dennis, Registry of the Kentucky League of Cities, and does not allow for collection of funds costs would be about $5 million per Election Finance; Representative Fred the Kentucky Municipal Clerk’s As- from pre-paid carriers. It has always year. If 211 were funded the same Nesler; Debbie Batliner, Kentucky sociation. Secretary Grayson noted been the board’s position that the way that 911 is funded, it would be Municipal Clerk’s Association. that if legislation is considered and legislation does cover pre-paid carri- about $0.10 per month per wireless, LRC Staff: Greg Woosley, Judy passed in the 2010 regular session it ers. Currently, about twenty percent wireline, or voice-over-IP subscriber. Fritz, Bill VanArsdall, Alisha Miller, might need an emergency clause and of wireless customers use pre-paid For more information, visit www. Karen Powell, and Terisa Roland. a specified effective date, and that, if carriers, so this is an important na- uwky.org/211advocacy.html. Chairman Thayer asked for ap- passed, the Secretary of State’s office tional issue. Sen. Boswell asked if any other proval of the September 22, 2009 would prefer for the change to be in Sen. Stine asked what the ma- satellite agencies of the United Way minutes, and the minutes were ap- effect for the general election cycle. jority of other states were doing helped in generating revenue for 211. proved. Finally, Secretary Grayson gave with regard to the pre-paid issue. Mr. Ms. Tolan responded that no other First on the agenda was a pre- a demonstration on the Fast Track Barrows responded that about four agencies were helping to generate sentation by the Secretary of State, web filing and notification service states have adopted some form of revenue. All of the funds were donat- Trey Grayson, on the Secretary of available through the Secretary of point-of-sale legislation (Wisconsin, ed by corporate or individual private State and the State Board of Elec- State’s website. Several members Texas, Louisiana, and Maine). These contributors. tions’ 2010 Legislative Agenda. of the Task Force posed questions states have only recently passed this Sen. Boswell asked if the rea- Secretary Grayson stated that there about the service, specifically about legislation, so it is too early to tell son why 211 was not widely avail- were three legislative items relating fees, and Secretary Grayson noted the result. able during last winter’s ice storm to elections that did not pass both that the service was free. A copy of Chair Leeper thanked Mr. Bar- was that statewide service was not chambers in the 2009 regular ses- the meeting tape can be found in the rows and Mr. Lucas for their presen- yet provided. Ms. Tolan answered af- sion. The first of these items was the LRC library for a complete review of tation. He then asked Terry Tolan and firmatively, but stated that 211 was Secretary of State’s clean-up bill that the first agenda item. Hollie Hopkins from the Kentucky available in the Louisville area and would codify an opinion from a cir- The second and final item on United Way to discuss 211 non- was very involved in getting help to cuit court case, that would clarify the the agenda was a presentation by emergency phone service. people in need. The 211 service was procedures applicable to special elec- the Registry of Election Finance on Ms. Tolan began by explaining also very helpful during the August tions, and that would establish clear past legislative attempts to amend that 211 is the 911 for non-emergen- flash flooding in the Louisville area. guidelines for independent candi- campaign finance regulations and cy health and human services infor- Sen. Boswell then asked if any money dates. Sec. Grayson also stated that on important issues to consider for mation and referral. It is free and con- was available for 211 funding through some of the current language in the the 2010 regular session. Appearing fidential service that was established the Department for Homeland Secu- statute relating to certification dead- and testifying from the Registry were by the FCC in 2000. Call centers for rity. Ms. Hopkins answered that they lines was confusing, and that the bill Sarah Jackson, Executive Director, 211 connect citizens with the human were pursuing that avenue, but for would also address this confusion. Rhonda Farmer, Assistant Executive

THE KENTUCKY GENERAL ASSEMBLY 61 Director, and Emily Dennis, General Transportation Cabinet - Mike Han- can expect receiving the Cabinet’s in Frankfort is one project, done in Counsel. The Registry began the cock, Acting Secretary; Geri Grigsby Road Plan. Secretary Hancock stat- 1993, that used crumb rubber. He testimony by noting that several at- and Ann D’Angelo, General Coun- ed that distribution has historically said the project ran around $16 more tempts to change campaign finance sel, Kim Jenkins, Legislative Liaison, been the last week in January or the per ton and cost 50 percent more regulations have been made in the Steve Waddle, Acting State Highway first week in February, and he expects than a project using regular asphalt. last few regular sessions, but that Engineer; Chuck Knowles, Deputy it to be around that same time. He noted that that project used 650 most of the major needed changes State Highway Engineer for Projects Senator Boswell asked if the used tires per one lane per one mile. had not passed both chambers. Ms. Delivery and Preservation; Allen My- Cabinet were routinely inspecting Mr. Myers said that there is also Dennis noted three bills specifically, ers, Asphalt Branch Manager, Divi- overpasses. He commented that a process using shredded or chunk SB 62 in the 2009 session, SB 08 in sion of Materials; David Steel, Branch while driving under some of the rubber instead of rock. He said the the 2008 session, and SB 159 in the Manager, Bridge Preservation Branch; state’s overpasses he noticed holes state did a project in Mason County 2007 session, but emphasized that Carol Brent, Division of Planning; and in the concrete exposing the struc- using chuck rubber in lieu of rock. no major changes had been made to Thomas Zawacki, Commissioner, Di- ture’s rebar, and expressed his con- That project called for the use of campaign finance regulation in more vision of Vehicle Regulation. cerns. Secretary Hancock said that 1800 tires per one lane per one mile, than ten (10) years. Ms. Dennis also LRC Staff: John Snyder, Bran- the overpasses are routinely inspect- and Mr. Myers said he is unaware of stated that many of the proposals don White, Dana Fugazzi, and Linda ed and what Senator Boswell was any problems on that job. were intended to clarify, rather than Hughes. noticing was cosmetic only and no Mr. Myers stated that warmer substantially change, the regula- Senator Smith moved to approve reason for concern. weather is more conducive to crumb tions, and that the majority of the the Committee’s September 1, and Steve Waddle, Acting State High- or chuck rubberized asphalt, but that proposals would make the Registry October 6, 2009 minutes, as submit- way Engineer and Chuck Knowles, the cost would still be about 50 per- more efficient and assist candidates ted. Representative Rader seconded Deputy State Highway Engineer for cent more than using regular asphalt. by amending several disclosure re- the motion, which passed by voice Projects Delivery and Preservation And he said that he has not seen any quirements. Several members of vote. discussed the Transportation Cab- evidence that rubberized asphalt the task force posed questions and At this time Jack Fish, President inet’s position of contracting with lasts longer than regular asphalt. voiced their opinions and concerns. of Kentuckians for Better Transporta- local governments for maintenance Co-chairman Collins said that A copy of the handout material from tion, was recognized for his service. of state highways within their juris- he was seeing more potholes in the this presentation and of the meeting Mr. Fish will retire effective December dictions. Mr. Knowles said that the center seams of highways than he re- tape can be found in the LRC library 31, 2009. The Committee also rec- state has been contracting with Fay- membered ever seeing in past years. for a complete review of the second ognized and welcomed Mr. Thomas ette County Metro for several years Mr. Myers said that there are two agenda item. Zawacki, the new Commissioner of and is currently in the process of ne- types of asphalt mixtures, one mix- Chairman Thayer said that the the Division of Vehicle Regulation, gotiating such a contract with Jeffer- ture for durability and another for co-chairs intended to have a No- within the Kentucky Transportation son County Metro. Mr. Knowles said strength. He stated that in the past vember meeting, but that a request Cabinet. that Fayette County Metro’s contract few years the Cabinet had focused might be made to the LRC to move Co-chairman Collins presented requires Fayette County to conduct on a strength mixture and because the meeting from November 24th a slide show of construction areas in routine maintenance on the state of this, asphalt durability had suf- to November 17th because of the Pikeville that the Committee saw pri- highways within their jurisdiction. fered. He informed the Committee Thanksgiving holiday. It was noted or to its meeting on October 6, 2009. He said that the state is required that the Cabinet was now focusing that the November meeting would Chairman Harris told the members to make monthly payments to the on pouring more durable asphalt and be the last interim meeting. that he found the tour very informa- County while the County is required that that should eliminate some of Chairman Thayer concluded all tive and, since so many of the mem- to send its invoices to the state for the problems Chairman Collins was business and the meeting was ad- bers were unable to make the tour in services rendered. Mr. Knowles said referring to. journed at 2:30. October, he asked Chairman Collins that he hoped to have Jefferson Coun- At this time Secretary Hancock, to present the slide show at today’s ty Metro on board with that same Ann D’Angelo, Attorney, and David INTERIM JOINT COMMITTEE meeting. type arrangement in the near future. Steel, Branch Manager, Bridge Preser- ON TRANSPORTATION The next item to be discussed Mr. Knowles said that the contracts vation Branch, Kentucky Transporta- Minutes of the Fifth Meeting by Committee was the Transporta- do not include interstates, but that tion Cabinet, explained Administra- of the 2009 Interim tion Cabinet’s 2010 legislative agen- the Cabinet was fully responsible for tive Regulation 603 KAR 5:230 to November 3, 2009 da. Mike Hancock, Acting Secretary, all interstates. the Committee. The fifth meeting of the Interim was assisted by Geri Grigsby, General Representative Henderson asked The last item on the Committee’s Joint Committee on Transportation Counsel, and Kim Jenkins, Legisla- if the Cabinet had similar arrange- agenda was the report from the Sub- was held on Tuesday, November 3, tive Liaison. Secretary Hancock said ments with other counties and if committee on Waterways’ October 2009, at 1:00 PM, in Room 149 of that the Cabinet’s legislative pack- there were savings involved in these 20th and November 3rd meetings. the Capitol Annex. Senator Ernie Har- age mostly contained housekeeping types of arrangements. Mr. Knowles Senator Leeper, who chaired the Oc- ris, Chair, called the meeting to order, measures. Some of those measures said yes the Cabinet has a contract tober 20th meeting, presented that and the secretary called the roll. included changing the KRS refer- with one other county. He noted that meeting’s report, and Representative Present were: ences from KAVIS to an automated there really were no savings involved, Coursey, who chaired the Novem- Members: Senator Ernie Har- vehicle information system, delet- just faster maintenance response for ber 3rd meeting, gave that meeting’s ris, Co-Chair; Representative Hubert ing the requirement for motorcycle that county. report. Following the explanations Collins, Co-Chair; Senators David E. sidecar registration, and eliminating The next item on the Commit- Senator Leeper moved to approve the Boswell, David Givens, Bob Leeper, the mandatory microfiche storage of tee’s agenda was the discussion of reports. Seconded by Representative R.J. Palmer II, John Schickel, Brandon documents in lieu of using a com- crumb rubber asphalt versus rubber- Coursey, the motion was approved Smith, Gary Tapp, Damon Thayer, and puter generated filing system. Sec- ized asphalt. This presentation was by voice vote. Ed Worley; Representatives Eddie Bal- retary Hancock stated that the Cabi- discussed with Steve Waddle, Act- With no further business be- lard, Linda Belcher, Leslie Combs, Tim net fully supports any driving safety ing State Highway Engineer; Chuck fore the Committee, the meeting ad- Couch, Will Coursey, Jim DeCesare, legislation, such as the restriction of Knowles, Deputy State Highway En- journed at 2:20 p.m. Keith Hall, Richard Henderson, Mel- texting while driving. gineer for Projects Delivery and Pres- vin B. Henley, Charles Miller, Lonnie Secretary Hancock stated that ervation; and Allen Myers, Asphalt INTERIM JOINT COMMITTEE Napier, Rick G. Nelson, Tanya Pullin, the Road Fund outlook is not good, Branch Manager, Division of Materi- ON TRANSPORTATION Marie Rader, Steve Riggs, Sal Santoro, and he estimates that the 2010 Six als. Arnold Simpson, Ancel Smith, Fitz Year Highway Plan will contain the Mr. Myers said that the state Steele, Jim Stewart III, Tommy Turner, same projects that were in the 2008 used crumb rubber asphalt for a and Alecia Webb-Edgington. Plan, with no additions. couple of projects in the 1990s, and Guests Appearing Before the Chairman Harris inquired as to to date those projects are still hold- Committee: From the Kentucky when in the session the legislature ing up well. The Thornhill Bypass

62 2009 Interim LEGISLATIVE RECORD Subcommittee on Kentucky Monterey (access of US 127); source. Tier I, the fee charged house- Greenville, KY, at the Wendell H. Ford Waterways Lock 4 - Frankfort (access holds drawing from the Kentucky Regional Training Center. Represen- Minutes of the Third Meeting Wilkenson Blvd.); River is set at 2.2 cents per 1,000 tative Tanya Pullin, Chair, called the of the 2009 Interim Lock 5 – Lawrenceburg (access gallons, with that money used to meeting to order, and the secretary November 3, 2009 Lock 5 Road off US 62); fund KRA overhead. Tier II, the fee called the roll. The third meeting of the Sub- Lock 6 – Versailles (access was charge industries drawing from the Present were: committee on Kentucky Waterways not noted); Kentucky River is set at 6 cents per Members: Senator Elizabeth of the Interim Joint Committee on Lock 7 – Harrodsburg (access off 1,000 gallons. Tier II fee was origi- Tori, Co-Chair; Representative Tanya Transportation was held on Tuesday, KY 29); nally 1.6 cents per 1,000 gallons but Pullin, Co-Chair; Senators Perry B. November 3, 2009, at 10:30 AM, Lock 8 – Jessamine County was raised to fund improvements at Clark, Julie Denton, Jerry P. Rhoads, in Room 149 of the Capitol Annex. (rough access from the north/east Lock 3. Mr. Reeder said the current and Jack Westwood; Representatives Representative Will Coursey, Chair, side of river); industries drawing from the river Dwight D. Butler, Mike Cherry, Ron called the meeting to order, and the Lock 9 – Jessamine County (in are two distilleries, three rock quar- Crimm, Myron Dossett, David Floyd, secretary called the roll. Valley View on KY 169); ries, two power plants, and one hy- Fred Nesler, Steven Rudy, and Ancel Present were: Lock 10 – Fort Boonsboro (ac- dropower plant. Tier II fees charged Smith. Members: Senator Bob Leep- cess within state park); those industries generate approxi- Guests: Rep. Martha Jane King, er, Co-Chair; Representative Will Lock 11 – Richmond (access off mately $800,000-$900,000 annu- Rep. Brent Yonts, and Rep. Eddie Coursey, Co-Chair; Senators Ernie KY 1886 to Lock 11 Road) ally. Ballard; Gen. John W. Heltzel, Gen. Harris, and Ed Worley; Representa- Lock 12 – Irvine (adjacent to golf Mr. Reeder said that the Ken- Edward Tonini, Department of Mili- tives Charles Miller, Tanya Pullin, and course); tucky River Authority will maintain tary Affairs; Terry Cole, Rodney Har- Alecia Webb-Edgington. Lock 13 – Lee County (access and manage water resources on the kleroad, Steve Montgomery, Logan Guests Appearing Before the was not noted); and Kentucky River Basin, provide clean County; Leamon Kendrick, Wayne Subcommittee: Steve Reeder, Execu- Lock 14 – Beattyville (access is water supply for the citizens of the Settle, Todd County; Rick Newman, tive Director, Kentucky River Author- upstream from the KY 399 bridge). Basin, provide leadership and a com- County Judge-Executive, Muhlen- ity. Mr. Reeder stated that Locks mon forum for all stakeholders of the berg County; Ed DeArmond, Mayor, LRC Staff: Brandon White, Dana 1 through 4 were operational until Basin, and promote the highest and Greenville; Jerry Mitchell, Mayor, Fugazzi, and Linda Hughes. 2002 due to a sand company oper- best recreational uses of its water re- Central City; Charlotte Whittaker, Senator Worley approved the ating in Frankfort. However Locks 1 sources. Donald Ford, Ohio County; Col. Mike Subcommittee’s August 4, and Octo- through 4 are now only open on sum- Senator Leeper asked if there Jones, DMA; Vicki Marin, Kentucky ber 20, 2009 minutes, as submitted. mer weekends, and Locks 5 through were currently any safety issues on Division of Emergency Management; Senator Leeper seconded the motion, 14 are currently inactive. Locks 1 and 2. Mr. Reeder said no, William McDaniel, Andrew Spencer, which was approved by voice vote. Mr. Reeder said that there are not to his knowledge. Joshua Layson, Kentucky National Mr. Steve Reeder, Executive Di- eleven cities that depend upon the Senator Leeper asked how many Guard; Tony Borders, Sharon Grove rector of the Kentucky River Author- Kentucky River for their water supply. locks were currently operational. Mr. Volunteer Fire Department; John M. ity discussed the operations of the Those Kentucky cities are Frankfort, Reeder said Locks 1 through 4 work Grant; and Joe Burgan, LRC. authority as well as the locks on the Lawrenceburg, Versailles, Lancaster, occasionally. LRC Staff: Erica Warren, CSA, Kentucky River. He said the Ken- Nicholasville, Wilmore, Harrodsburg, Senator Worley said that ap- Mustapha Jammeh, Tiffany Opii, tucky General Assembly established Lexington, Winchester, Richmond, proximately 18 percent of Kentuck- Clint Newman, and Rhonda Schierer. the Kentucky River Authority (KRA) and Irvine. He noted that an aver- ians draw water from the Kentucky Chair Pullin started the meet- in 1986 to assume operation of the age of 44 billion gallons of water is River, and while water recreation is ing by welcoming special guests Rep. river’s locks and dams numbered 5 drawn from the river annually, with great, the primary emphasis should King, Rep. Yonts, and Rep. Ballard. through 14 from the United States 28 billion of those gallons going for be on the usage of drinking water. He Chair Pullin thanked the Kentucky Army Corps of Engineers. And that the main stream. stated that in his opinion, given the National Guard for welcoming the following the drought of 1988, the Mr. Reeder said that KRA is state’s budget situation, no money committee to the Wendell H. Ford Authority was given a mission to charged with developing compre- should be spent on any lock or dam Regional Training Center. protect and improve the waters of hensive plans for the management of for the purpose of water recreation. Chair Pullin and Co-Chair Tori the Kentucky River through envi- the Kentucky River Basin, including He said that the establishment of presented Adjutant General Edward ronmental management of the entire long range water supply, drought re- KRA was for the sole purpose of Tonini with a resolution in recogni- watershed. This was the first effort sponse, and ground water protection drinking water and industry water tion of the National Guard’s response by the Commonwealth to protect a plans. He said KRA maintains a six- needs in the Commonwealth. in Western Kentucky during the major water resource through water- year plan similar to the state’s Six In closing Dr. Donald C. Haney, a 2009 ice storm and clean up. Gen. shed management. Year Highway Plan. The KRA adopts KRA Board Member, stated that the Tonini began his presentation by dis- Mr. Reeder stated that the Ken- regulations to improve and coordi- Authority continues to maintain the cussing how the GI Bill will affect the tucky Basin is 7400 square miles, nate water resource activities within water supply in the river basin at the Kentucky National Guard. He stated flowing through 41 counties, con- the basin among state agencies. He same level it did in 1970. He said that the post-911 bill will not sig- taining 14 dams and locks. Approxi- said that it is also charged to develop that given the population escalation nificantly decrease the needs of the mately 750,000 people live on the recreational areas within the basin. since 1970, maintaining that level at Kentucky National Guard Tuition As- river with 500,000 living on its main Mr. Reeder said that $2.5 million times has become a challenge. sistance Program. Gen. Tonini stated stem. federal money and $660,000 state With no further business before that 4,200 of the 8,388 soldiers and Mr. Reeder said that KRA is money have recently been identified the Subcommittee, the meeting ad- airmen qualify at some level for the responsible for maintaining these to repair Lock 10 at Boonsboro State journed at Noon. post-911 GI Bill. Of those who qual- 14 lock and dam structures. These Park. Bids have come in at $1.6 mil- ify, only 1.6% qualify for full benefits structures were constructed by the lion for repairs at Lock 3, and $3 mil- INTERIM JOINT COMMITTEE and only 19.5% qualify at the 50% United States Army Corps of Engi- lion is needed for repairs of Locks 7 ON VETERANS, MILITARY level. Gen. Tonini stated that a sol- neers for navigation purposes but are and 8. dier may elect to transfer the ben- only used now for recreational boat- AFFAIRS, AND PUBLIC The KRA is supported by water- PROTECTION efits under the post-911 GI Bill to a ing and water supply. The 14 locks user fees, Tier I and Tier II, collected spouse or child. He stated that only with their access points are as fol- Minutes of the 4th Meeting from facilities which draw water from of the 2009 Interim five guard members qualify at the lows: the basin. Exemptions are given to October 8, 2009 100% level. Lock 1 - Carrolton (access is off facilities using water for agricul- The 4th meeting of the Interim Gen. Tonini stated that the Ken- an abandoned road off KY 227); tural purposes. These fees are then Joint Committee on Veterans, Mili- tucky Tuition Assistance Program is Lock 2 - Henry County (access is passed on to the citizens in the basin tary Affairs, and Public Protection marketed to pay 100% of the tuition off KY 389); who purchase water or the product was held on Thursday, October 8, towards a bachelor’s degree to any Lock 3 – Owen County near manufactured by use of the water re- 2009, at 10:00 AM Central Time, in in-state institution. It also pays up

THE KENTUCKY GENERAL ASSEMBLY 63 to the in-state level at approved pri- tuition assistance included air na- had during the ice storm. The overall only place with power. Food from the vate institutions, and tuition is paid tional guard in Kentucky. Gen. Tonini cost for the department’s needs to other 7 schools was moved to the directly to the institution. State- stated that the federal assistance is recoup and purchase a generator so Southern Elementary School. Ms. funded expenditures for FY 09 were strictly for Kentucky’s Army Nation- that they can properly function is ap- Whittaker stated that they had 350 just over $4.7 million. They were al Guard, but that state funds cover proximately $35,000. people in the shelter and they pre- exhausted by the spring semester of both Army and Air National Guard. Rodney Harkleroad with Logan pared 9,000 hot meals during those 2009, so there was no state funding Chair Pullin asked for present- County Emergency Response spoke days. She stated that their biggest remaining for the summer programs. ers from Logan and Todd County to briefly to the committee on the good problem was communications. Ms. A federal grant to the program picked come forward along with Rep. King and bad that happened during the Whittaker stated that they had help up the summer tuition dollars. He and Sen. Tori. Chair Pullin, Rep. ice storm. He stated that only the from low-income home energy as- added that there is no guarantee King, and Sen. Tori presented Logan dispatch center was on a generator, sistance program (LIHEAP), women, that the federal funds will be avail- and Todd county responders with a and backup generators are desper- infants, children program (WIC), and able from year to year. Gen. Tonini resolution honoring them for their ately needed. Chair Pullin expressed the one nursing home with power stated that applications for tuition service to the Commonwealth dur- appreciation for not only what they did laundry for those in the shelter. assistance are increasing due to re- ing the 2009 ice storm and the clean did during the disaster but also for Alabama Public Health assisted by peating deployment cycles. Tuition up afterwards. Rep. King spoke on the local responders bringing their sending 7 nurses and 1 environmen- is increasing and more people are the 2009 ice storm and the amaz- stories before the committee so that tal specialist there to keep things applying, which presents a problem. ing things that the local responders they can learn what has and has not safe. She added that there were many Gen. Tonini stated that they have al- and neighbors did in that time and worked. needs for people ranging in age from ready allocated $3.1 million for the thanked them for their service. Sen. Tori asked the responders 21 months to 98 years. fall program in FY 10 which is 65% Chair Pullin then asked Rep. if preparedness is ongoing now to Co Chair Tori asked for the cur- of the allocated amount. They have Martha Jane King, Wayne Settle, meet another disaster should it oc- rent unemployment rate in Ohio received 1,167 applications for the Safety Officer for the Clifty Fire De- cur. Wayne Settle stated that pre- County. Ms. Whittaker stated that it spring 2010 semester. He added that partment in Todd County, Terry Cole, paredness is always ongoing and the is just in excess of 10% and close to FY 10 is shaping up to have a serious Chief of the Logan County Search main thing that the fire departments 12% in Muhlenberg County. shortfall in delivering their objec- and Rescue, and Rodney Harkleroad, can do is keep their equipment up- Donald Ford, Project Coordina- tive of 100% tuition reimbursement. Director of Emergency Management to-date and expressed the need for tor for cleanup efforts in Ohio Coun- Gen. Tonini stated that, out of all the for Logan County, to tell the com- generators for power. Sen. Tori asked ty, spoke to the committee on the military tuition assistance programs, mittee about experiences they had if they are seeing improvements in cleanup efforts in the county during the Kentucky National Guard Tuition during the 2009 ice storm. Terry Cole their communications. Mr. Settle the ice storm and afterwards. Assistance Program is most benefi- stated that it was amazing how all stated that they are better equipped Chair Pullin announced that cial to them. the emergency workers and neigh- and they do have better communi- there would be an air and land tour Gen. Tonini gave an introduc- bors came together as a community cations. Rep. King added that Todd of the WHFRTC upon adjournment tion to the Wendell H. Ford Regional to do whatever necessary to help one County and Logan County sit in two and asked Col. Bullard to inform the Training Center (WHFRTC). He stated another. He expressed his desire to different area development districts, members about the tour. Col. Bull- that the training center is considered figure out what they could do to bet- and it separates them and creates ard announced that there would be 2 a gem of a facility around the United ter prepare themselves for another some situations where communica- black hawk helicopter tours. States. The facility is the largest of emergency situation. Mr. Cole shared tion and coordination are difficult. There being no further business, three operated by the Kentucky Na- a story about the Dunmore area in Mr. Cole stated that they need com- the meeting adjourned. tional Guard. WHFRTC is easily acces- Muhlenberg County which had been munications that will allow them to sible and is the premier mechanized without water for a few days. Todd be on the same system so that they infantry and maneuver training area and Logan County had water, so to- can help each other and they are east of the Mississippi River. The WH- gether and with the help of Tommy working on that. CAPITAL PROJECTS AND FRTC provides cost effective training Nelson, a volunteer firefighter, they Chair Pullin called on Rep. Yonts BOND OVERSIGHT facilities for active duty and reserve put together a mile and a half of wa- and Sen. Rhoads and local respond- COMMITTEE military units from every branch of ter supply line to get water to the ers from Muhlenberg County. Chair Minutes the service, the Federal Emergency Dunmore area. Chair Pullin stated Pullin stated that they would like to October 20, 2009 Management Agency (FEMA), State that she felt the waterline symbol- express their thanks to all of the local The Capital Projects and Bond Police, and local and county law en- ized Kentuckians’ ingenuity and drive responders in Muhlenberg County Oversight Committee met on Tues- forcement. It is also used by the Boy to help their neighbors. and presented them with a resolu- day, October 20, 2009, at 1:00 PM, Scouts. The training center provides Wayne Settle, Safety Officer tion on behalf of all the responders in in Room 169 of the Capitol Annex. a full spectrum for live, virtual, and with the Clifty Fire Department in gratitude for all they did during the Senator Bob Leeper, Chair, called the constructive training. The WHFRTC Todd County stated that the fire de- 2009 ice storm. Rep. Yonts thanked meeting to order, and the secretary is also used to conduct sustained partment supports and does mutual the Kentucky National Guard for all called the roll. operations in support of federal and aid to five or six fire departments of their assistance. Sen. Rhoads stat- Present were: state emergencies in the western re- around them. He stated the ice storm ed that there was a resolution passed Members: Senator Bob Leeper, gions of the Commonwealth. It was was devastating and that Clifty Fire on the Senate side as well recognizing Co-Chair; Representative Susan officially dedicated in October 1997 Station became a command post and the efforts of the first responders and Westrom, Co-Chair; Senators Tom to honor Senator Wendell Ford. Gen. a feeding place. Clifty Fire Depart- he would get copies to everyone. He Buford, Julian M. Carroll, and Eliza- Tonini added that WHFRTC is now ment did road clean ups, daily wel- recognized Rep. Eddie Ballard for his beth Tori; Representatives Robert over 11,000 acres in size and pro- fare checks, delivered lamps, heaters, contributions during the ice storm. R. Damron, Steven Rudy, and Jim vides complete accommodations for and became a distribution center for Chair Pullin called on some local Wayne. nearly 1000 troops. He stated that kerosene for heaters. He said one responders from Ohio County and Guests: Tom Howard, and Brett the total federal investment is $43 of the main things they needed at expressed appreciation and gratitude Antle, Office of Financial Manage- million for construction in 14 years. the fire station was a generator. He to everyone in Ohio County for their ment; John Hicks, Governor’s Office Gen. Tonini encouraged members thanked Rep. Martha Jane King for all efforts during the 2009 ice storm. for Policy and Management; Sam to tour the facility by UH-60 Black that she did to help. He added that Sen. Rhoads asked Charlotte Whit- Ruth, Department for Facilities and Hawk helicopters after the meeting. churches brought in hot food to pre- taker, who oversaw an emergency Support Services; Charles Bush, Di- Chair Pullin thanked Gen. Toni- pare and take to those who could not shelter, and Donald Ford, who as- vision of Real Properties; Sandy Wil- ni for hosting the committee at the get out. Mr. Settle stated that a new sisted with debris cleanup, to speak liams and John Covington, Kentucky WHFRTC and also thanked Rep. generator would be crucial to the fire on the effects of the ice storm in Infrastructure Authority; Rick Mc- Yonts and Sen. Rhoads for hosting department and that overall, they are Ohio County. Ms. Whittaker stated Quady and John Herald, Kentucky the committee in their district. struggling financially because of the that the Southern Elementary School Housing Corporation; and Jim Ackin- Rep. Floyd asked Gen. Tonini if outlay the volunteer fire department was set up as a shelter as it was the son, Kentucky Higher Education Stu-

64 2009 Interim LEGISLATIVE RECORD dent Loan Corporation. of Counties would have to pass on termination value on the swap is unanimously by roll call vote. LRC Staff: Don Mullis, Kristi any additional costs associated with approximately $23 million, but the Next Mr. Hicks reported that the Culpepper, and Samantha Gange. the transaction to UK. Tom Howard, purchase price on the notes [through Finance and Administration Cabinet Representative Rudy made a Executive Director, Office of Financial a tender offer] could be as low as has approved an unbudgeted proj- motion to approve the minutes of Management (OFM) responded that 80 cents on the dollar. He said that ect for the Education and Workplace the September 15, 2009 meeting. the market valuation on the swap the tender price on the outstanding Development Cabinet (Cabinet), De- The motion was seconded by Senator arrangements as of September 30, notes could offset the termination partment of Workplace Investment, Carroll and approved by voice vote. 2009, was approximately $23 million payments on the swaps, but it is un- to purchase a new Interactive Voice Senator Leeper called on Don against the Commonwealth, but this clear at this point. Response System. The project scope Mullis, Committee Staff Administra- is an unrealized loss. He said that Senator Carroll said he was in- is $1,600,000 (100% federal funds) tor, to discuss correspondence and OFM is working with the swap pro- terested in the amount of autho- and the new system will enable un- information items. Mr. Mullis said vider to identify refunding opportu- rized but unissued debt and how the employment insurance claimants to members’ folders contained several nities where the state may be able to General Assembly’s previous debt use a telephone to file an initial claim, correspondence items: the quarterly purchase the outstanding notes [as- authorizations will affect the state’s inquire about their benefits, and re- status reports from the Finance and sociated with the swap agreements] outstanding appropriation-support- quest a continued benefits check. Administration Cabinet, the univer- at a substantial discount due to con- ed debt. Mr. Mullis responded that In response to questions from sities that manage their own con- cerns about the bond insurer. This the information is included in Ms. Representative Damron, Mr. Hicks struction projects, and the Admin- may mitigate the effect of the loss, Culpepper’s memorandum, but that said that in addition to the new au- istrative Office of the Courts (AOC); depending on the amount of notes staff will provide it in a simpler for- tomated system, the Cabinet will still correspondence to the Finance and that can be tendered and at what mat. He added that the information have live people to answer phones. Administration Cabinet relating to price. He said that they examined Representative Damron requested He also said that the Cabinet has had the Kentucky Housing Corporation the transaction over a year ago and regarding university debt is also in- an unprecedented level of demand (KHC) proposed conduit bond issue; received some adverse tax opinions, cluded in the memorandum. and the new system is needed be- correspondence from the Division of but OFM is reevaluating the current Representative Damron com- cause of the high increase in calls. Real Properties regarding the 2008- tax opinion given some recent trans- mented that it was difficult to dis- Senator Carroll made a motion 2009 Biannual Lease Law Compliance actions in the marketplace. Mr. How- tinguish what portion of the debt to approve the unbudgeted project. audit; and correspondence from the ard said the transaction continues service is paid from taxpayer dollars The motion was seconded by Senator Finance and Administration Cabinet to have the lowest cost of financ- and what portion of the debt service Tori and passed unanimously by roll regarding a report to use the Con- ing relative to other long-term debt. is paid from other sources. He said call vote. struction Management-at-Risk proj- He said the swaps are cost of funds that policymakers need to look at Mr. Hicks then reported a ect delivery method for the North- swaps, so there is no basis risk, and how both factors impact the state’s $1,036,606 allocation from the Fi- point Training Center project. that if interest rates rise, the value of budget. Representative Damron fur- nance and Administration Cabinet Next Mr. Mullis noted that the swaps could quickly move in the ther commented that when univer- Maintenance Pool for the Central members’ folders also contained sev- state’s favor. Mr. Howard noted that sity debt is consolidated into the Lab Roof Replacement project. Mr. eral information items: the Annual the issue is the potential termina- total amount of outstanding debt, it Ruth said that the Central Lab Build- Report of Bonds Outstanding; the tion trigger of National’s rating being is not accurate to say that the state ing was built in 1994 and currently Semi-Annual Report of the Kentucky downgraded below its present level. is responsible for repaying the entire houses labs for the Kentucky State Asset/Liability Commission; a memo Representative Damron asked amount. Police, the Energy and Environment from Kristi Culpepper, Committee OFM to notify the Committee if the Representative Westrom asked Cabinet, and Family Services, as well Analyst, regarding Kentucky’s Bond- swap agreements are terminated. Mr. what the status was on the letter as extensive file and artifact storage ed Indebtedness; Economic Devel- Howard responded affirmatively. sent to the City of Nortonville (City) for the Kentucky Historical Society. opment Bond (EDB) report for fiscal Representative Damron asked if in Hopkins County regarding the KIA The current roof has been repaired year ending June 30, 2009; Auditor the termination of the swap at a loss Fund C loan arrearages. John Coving- several times over the past five years Report on Procedural Compliance would reduce the state’s investment ton, Executive Director, KIA, came and is no longer repairable. with KRS 45A.840 – 45A.879; a let- income. Mr. Howard responded that to the table to discuss the loan sta- In response to a question from ter from the Kentucky Infrastructure the swaps are not on the asset side of tus. Mr. Covington said that KIA has Representative Wayne, Mr. Ruth said Authority (KIA) to the City of Nor- the balance sheet, but on the liability just been informed that the City has that the original roof had a 10-year tonville regarding a Fund C loan; and side, and that the termination of the passed a rate increase and is now in warranty and the new roof will have the staff and bond market updates. swaps would affect the amount of compliance with the requirements of a 20-year warranty. Representative Damron asked if appropriated debt service for a given the loan. Next Mr. Hicks reported a the increase in appropriation-sup- year. He said that he thought the ter- Next Senator Leeper recognized $2,189,100 scope increase (100% ported debt in the Annual Report mination of the swaps would have John Hicks, Deputy Director, Gover- federal funds) for the Kentucky State of Bonds Outstanding included debt minimal impact. nor’s Office for Policy and Manage- University (KSU) Center for Families issued and serviced by state univer- Representative Damron com- ment, and Sam Ruth, Commissioner and Children. The increase in funding sities. Mr. Mullis responded that it mented that Committee members of Facilities and Support Services, is provided by the U.S. Department did. as well as many in the audience are Finance and Administration Cabi- of Agriculture’s Land Grant program Representative Damron then interested in the impact of the swap net. Mr. Hicks reported that the Fi- and will allow more square footage asked, in reference to the Semi-An- agreements on the state’s appro- nance and Administration Cabinet to accommodate 80 children, a larger nual Report of the Kentucky Asset/ priation-supported debt service. He has approved an unbudgeted project playground area, and LEED silver de- Liability Commission, how much asked if the swap could potentially for the Labor Cabinet (Cabinet), De- sign. If approved, the revised project money Kentucky could potentially impact the amount of new debt that partment of Workplace Standards, scope would be $4,211,100. lose on interest rate swap agreements the state could issue. Mr. Howard re- to purchase an item of equipment. Senator Leeper asked who would if the credit rating of National Guar- plied that it depends on whether the The project scope is $400,000 (50% be responsible for the maintenance anty Public Finance Corporation (Na- notes can be tendered and at what federal funds, 50% restricted funds) and operation of the building. Mr. tional) is downgraded. He noted that price. [He said that whatever the gain and provides for the purchase of an Hicks responded that KSU would be various swap providers and bond in- or loss is on the transaction, it would Incident Response Command Center/ responsible. surance companies have been down- be amortized over the term of the Mobile Outreach Vehicle. The vehicle Senator Carroll made a motion to graded, which has caused problems refunding issue, so the transaction will serve as the Cabinet’s command approve the scope increase for KSU. with derivatives contracts. Represen- would have a modest impact either center as it investigates incidents The motion was seconded by Sena- tative Damron said that one of the way.] and collects information. tor Tori and approved unanimously problems the Committee had with Representative Damron asked Senator Carroll made a motion by roll call vote. the University of Kentucky’s (UK) what the state’s exposure on the to approve the unbudgeted project. Senator Leeper called on Charles financing [of Samaritan Hospital] transaction would be in the current The motion was seconded by Rep- Bush, Director, Division of Real Prop- was that the Kentucky Association market. Mr. Howard replied that the resentative Westrom and passed erties, Finance and Administration

THE KENTUCKY GENERAL ASSEMBLY 65 Cabinet, to report several items relat- LIVE project were so high. Ms. Wil- The twelfth loan request was a comes from the American Recovery ing to leases. Mr. Bush first discussed liams said she would have to report $300,000 Fund A loan for the City and Reinvestment Act. a report of changes in square footage this information back to the Com- of Kuttawa in Lyon County for the Senator Tori asked how KIA de- for 10 state leases for the period April mittee. replacement of an existing 80 gallon termines the interest rates for the through June 2009. The lease modi- In response to another question per-minute (GPM) pump station at various loan programs. Ms. Williams fications were less than $50,000 and from Senator Leeper, Ms. Williams full capacity with a 220 GPM duplex said that KIA has three interest rates did not require Committee action. said that KIA has established dead- submersible pump station. The loan for the federally-funded loan pro- Next Mr. Bush reported a lease lines for each project to be funded term is 20 years with an interest rate grams. In order for a community to modification for the Cabinet for through the American Recovery and of three percent. The funding for this qualify for a three percent interest Health and Family Services (Cabinet) Reinvestment Act and all projects loan comes from the American Re- rate, it must have a median house- in Pike County (PR-3626). The Cabi- will meet the February 2010 con- covery and Reinvestment Act. hold income at or above 80 percent of net has requested improvements to struction contract start date. The thirteenth loan request was that of the Commonwealth, $33,672 its facility to improve the security. The fifth loan request was a a $750,000 Fund A loan for the City (based on the 2000 census). To qual- The improvements will consist of $5,000,000 Fund A loan for the Lou- of Sacramento in McLean County for ify for a one percent interest rate, replacement of various locksets and isville and Jefferson County Metro- the Gravity Sewer Phase I project. The the community must have a me- cylinders, and installation of elec- politan Sewer District for the West- loan term is 20 years with an interest dian household income at or below tronic push button locksets and lock ern Flood Pump Station Replacement rate of one percent. The funding for 80 percent of that of the Common- guards. The cost of the improvement project. The loan term is 20 years this loan comes from the American wealth. If a community does not fall is $5,150 and will be amortized over with an interest rate of three percent. Recovery and Reinvestment Act. under either of those criteria’s, a two the remaining lease term (through The funding for this loan comes from The fourteenth loan request was percent interest rate is given. Addi- June 30, 2016). the American Recovery and Rein- a $1,150,000 Fund A loan for the tionally, a community that qualifies Lastly Mr. Bush reported 25 vestment Act. City of Paintsville in Johnson County for the three percent interest rate can emergency leases. Mr. Bush said that The sixth loan request was a for the Package Treatment Plants Re- also receive a two percent interest the Finance and Administration Cabi- $230,100 Fund A loan for the City placement project. The loan term is rate if the project is regional or if the net has declared an emergency under of Prestonsburg in Floyd County for 20 years with an interest rate of one funds are being used to comply with KRS 56.805 to allow for procurement the West Prestonsburg Sewer Re- percent. The funding for this loan a Consent Decree. of temporary storm debris storage placement project. The loan term is comes from the American Recovery sites for the Transportation Cabinet. 20 years with an interest rate of one and Reinvestment Act. Senator Buford made a motion No action is required for emergency percent. The fifteenth loan request was a to approve the 19 Fund A loan re- leases. The seventh loan request was a $300,000 Fund A loan for the Grant quests. The motion was seconded by In response to a question from $365,300 Fund A loan for the City of County Sanitary Sewer District for Senator Tori and passed unanimously Senator Carroll, Mr. Bush said that of Prestonsburg in Floyd County for the Phase I of a Sanitary Sewer Extension by roll call vote. the 51 storm debris storage sites, the Westminster Street Combined Sewer project. The loan term is 20 years The twentieth loan request was Transportation Cabinet has made fi- Separation project. The loan term is with an interest rate of three percent. for an increase to a previously ap- nal payments on 40 of the sites. 20 years with an interest rate of one The funding for this loan comes from proved $338,997 Fund B loan for Senator Leeper called on Sandy percent. the American Recovery and Rein- the City of Owingsville (City) in Williams, Financial Analyst, KIA, to The eighth loan request was an vestment Act. Bath County. The City requested a present 28 loan requests. Ms. Wil- $891,571 Fund A loan for the City The sixteenth loan request was $458,252.57 (135%) increase to re- liams said that the first loan request of Prestonsburg in Floyd County to an $801,203 Fund A loan for the City pay a Rural Development (RD) loan, was an $11,000,000 Fund A loan for modify the existing Wastewater of Morehead in Rowan County for which will result in over $490,000 in the City of Maysville in Mason Coun- Treatment Plant. The loan term is 20 the benefit of the Morehead Utility interest savings for the City versus ty for the Maysville Combined Sewer years with an interest rate of one per- Plant Board for the Big Woods Area the 40-year RD loan that would bear Elimination project. The loan term is cent. The funding for this loan comes Sewer Line Extension project. The a higher interest rate. The new loan 20 years with an interest rate of two from the American Recovery and Re- loan term is 20 years with an interest amount is $797,249.57. The loan percent. investment Act and $803,000 will rate of one percent. The funding for term is 30 years with an interest rate The second loan request was a be used toward fulfilling Kentucky’s this loan comes from the American of 0.40 percent. $500,000 Fund A loan for the City Green Reserve requirement. Recovery and Reinvestment Act. of Maysville in Mason County for The ninth loan request was a The seventeenth loan request The twenty-first loan request the Washington Area Improvements $975,000 Fund A loan for the Electric was a $1,293,013 Fund A loan for the was a $564,835 Fund B loan for the project. The loan term is 20 years Plant Board of the City of Mayfield City of Morehead in Rowan County City of Falmouth in Pendleton Coun- with an interest rate of two percent. in Graves County for the Red Duck for the benefit of the Morehead Util- ty for the Oak Haven Sewer Extension The funding for this loan comes from Creek Interceptor Rehabilitation proj- ity Plant Board for the Phase IV In- project. The loan term is 20 years the American Recovery and Rein- ect. The loan term is 20 years with flow and Infiltration Reduction Sys- with an interest rate of one percent. vestment Act. an interest rate of one percent. The tem Rehab project. The loan term is The twenty-second loan request The third loan request was a funding for this loan comes from the 20 years with an interest rate of one was a $1,772,429 Fund B loan for the $3,420,238 Fund A loan for the Lou- American Recovery and Reinvest- percent. The funding for this loan City of Prestonsburg in Floyd County isville and Jefferson County Metro- ment Act. comes from the American Recovery to modify the existing Wastewater politan Sewer District for the River The tenth loan request was an and Reinvestment Act. Treatment Plant. The loan term is Road Interceptor project. The loan $800,000 Fund A loan for the City The eighteenth loan request was 20 years with an interest rate of one term is 20 years with an interest rate of Russellville in Logan County for a $600,000 Fund A loan for the City percent. of two percent. the Wastewater Project #1. The loan of Winchester in Clark County for Representative Wayne asked if The fourth loan request was a term is 20 years with an interest rate the construction of the Vaught Court there was precedent for using a Fund $480,000 Fund A loan for the Louis- of one percent. The funding for this Outfall Sewer project. The loan term B loan to repay non-KIA debt. Ms. ville and Jefferson County Metropoli- loan comes from the American Re- is 20 years with an interest rate of Williams responded that KIA typi- tan Sewer District for the University covery and Reinvestment Act. two percent. The funding for this cally only offers funds for refinanc- LIVE sanitary sewer extension proj- The eleventh loan request was a loan comes from the American Re- ing from other funding sources in ect. The loan term is 20 years with $1,100,000 Fund A loan for the City covery and Reinvestment Act. extreme circumstances. The reason an interest rate of three percent. The of Calvert City in Marshall County for The nineteenth loan request was KIA provided the City of Owingsville funding for this loan comes from the the Riverport Lift Station and Force a $489,469 Fund A loan for the City (City) with funds to repay the RD American Recovery and Reinvest- Main project. The loan term is 20 of Falmouth in Pendleton County for loan was for economic benefits. She ment Act. years with an interest rate of three the Pendleton County High School said that this Fund B loan increase percent. The funding for this loan Extension project. The loan term is will allow the City to offer an afford- Senator Leeper asked why the comes from the American Recovery 20 years with an interest rate of one able rate structure to the industrial engineering fees for the University and Reinvestment Act. percent. The funding for this loan customers that will be served by the

66 2009 Interim LEGISLATIVE RECORD new wastewater treatment plant, with an interest rate of one percent. System, Inc. The motion was sec- by new housing revenue bonds is- hence keeping the businesses from The funding for this loan comes from onded by Senator Buford and passed sued by state housing finance agen- moving out of the Bath County In- the American Recovery and Rein- unanimously by roll call vote. cies. State HFAs will request funds dustrial Park. vestment Act. Next Mr. Antle presented a new pursuant to the allocation formulas Representative Wayne asked if The twenty-eighth loan request bond issue for State Property and used for determining the HFAs extra the Fund B loan increase was for the was an $800,000 Fund F loan for Buildings Commission (SPBC) Rev- private activity bond cap under the benefit of Custom Foods. Ms. Wil- the Winchester Municipal Utilities enue Bonds, Project No. 96 Series A, Housing and Economic Recovery Act liams responded affirmatively. through the City of Winchester in B, and C in a principal amount not to of 2008. According to the program, Representative Wayne then Clark County for construction of an exceed $425,000,000. Proceeds from 60 percent of the new bonds will be asked if Custom Foods is still in ex- Elevated Storage Tank Rehabilitation this bond issue will provide perma- purchased by the federal government istence and whether or not the com- project. The loan term is 20 years nent financing for projects authorized and 40 percent must be purchased in pany has ever filed bankruptcy. Ms. with an interest rate of two percent. in HB 267 (2004-06 Budget), HB 380 the private market. Williams said she would report the The funding for this loan comes from (2006-08 Budget), HB 1 (2007 2nd Mr. McQuady said because he information back to the Committee. the American Recovery and Rein- Special Session), and HB 406 (2008- was just informed of this new pro- Representative Damron com- vestment Act. 10 Budget). gram yesterday, he did not have all mented that the loan increase would Senator Carroll made a motion Representative Damron asked if the details. He said he did know that keep the Bath County Industrial Park to approve the four Fund F loan re- the issuance would allow OFM to do as a result of this program, KHC will from losing businesses and jobs. quests. The motion was seconded by all Build America Bonds if the market be able to offer lower-rate mortgages Representative Damron asked Senator Tori and passed unanimously makes that more advantageous. Mr. to Kentucky families. He also said if KIA could provide the Committee by roll call vote. Howard responded affirmatively. that because 60 percent of the bonds with the current balances in the Fund Next Ms. Williams indicated In response to another ques- that will be allocated to KHC must A, B, C, and F accounts. Ms. Williams that various coal and tobacco de- tion from Representative Damron, be issued by December 31, 2009, said she would report the informa- velopment grants authorized by the Mr. Howard said OFM has flexibility KHC needs to be able to have flex- tion back to the Committee. General Assembly were included in with how they can market this bond ibility in order to go to market as the Representative Rudy made a members’ folders. Each project was issue. program is launched. Mr. McQuady motion to approve the three Fund B authorized in a budget bill and no Representative Damron made asked the Committee to allow KHC loans. The motion was seconded by further Committee action was need- a motion to approve the new SPBC to take the actions necessary to par- Senator Buford and approved unani- ed. bond issue. The motion was seconded ticipate in the new program. He said mously by roll call vote. Senator Leeper called Mr. How- by Representative Rudy and passed KHC will be bringing the issue to the Next Ms. Williams reported that ard and Brett Antle, Deputy Direc- unanimously by roll call vote. Board of Directors to approve later in the twenty-third loan request was a tor, OFM, to the table. Mr. Antle first Next Mr. Antle presented a the week. $1,800,000 Fund C loan for the City presented two new bond issues for new bond issue for Kentucky Hous- Representative Wayne asked of Bardstown in Nelson County for the Kentucky Economic Develop- ing Corporation (KHC) Multifamily what the default rate was for KHC the Bardstown-Nelson County In- ment Finance Authority (KEDFA). The Housing Revenue Bonds, Series 2009 mortgages compared to the private dustrial Park Transmission project. first new bond issue was for KEDFA (Country Place Apartments). Pro- market. Mr. McQuady said that all The loan term is 20 years with an in- Hospital Facilities Revenue Refund- ceeds from this conduit bond issue of KHC loans are 30-year fixed rate terest rate of three percent. ing and Improvement Bonds, Series will be used to finance the acquisi- loans and KHC does not partici- The twenty-fourth loan request 2009 (Saint Elizabeth Medical Cen- tion, rehabilitation, and equipping of pate in predatory lending practices. was a $3,500,000 Fund C loan for the ter, Inc.). Proceeds from this conduit the 150-unit Country Place Apart- About a year ago, when the extent of City of Bardstown in Nelson County bond issue will 1) finance the acqui- ments in Hebron, Kentucky. All of the predatory lending in the market for the Water Treatment Plant Clear- sition, construction, installation, the units included in the project will was first realized, the private hous- well Storage Tank and Filter Reno- and equipping of healthcare facilities, be reserved for families earning 60 ing market experienced a dramatic vation project. The loan term is 20 including a new ambulatory care fa- percent or less of the area median in- increase in 90-day delinquency rates years with an interest rate of three cility in Covington, Kentucky; and 2) come. [This bond issue was present- as well as foreclosure rates, while percent. Refund Hospital Facilities Revenue ed at the September 2009 meeting KHC’s foreclosure and delinquency Representative Rudy made a and Refunding Improvement Bonds, and the Committee deferred action rates remained as they had over the motion to approve the two Fund C Series 2003 A, 2003 B, and 2003 C. on the project until KHC responded past five years. KHC’s delinquency loans. The motion was seconded by Representative Wayne made a to Committee members’ questions rate remained at about three per- Representative Westrom and passed motion to approve the KEDFA bond about transaction participants and cent and the foreclosure rate at two unanimously by roll call vote. issue for St. Elizabeth Medical Cen- various policy issues.] percent, respectively. However, as a The twenty-fifth loan request ter, Inc. The motion was seconded by Representative Wayne com- result of the recent increase in unem- was a $683,200 Fund F loan for the Representative Damron and passed mented that all his concerns regard- ployment in Kentucky, KHC’s delin- City of Campton in Wolfe County for unanimously by roll call vote. ing the KHC bond issue have been quency rates have risen to five per- construction of a one million gallon Mr. Antle said the second new addressed. cent and foreclosure rates to three per-day water treatment plant. The bond issue was for KEDFA Hospital percent. loan term is 20 years with an interest Revenue Bonds, Series 2009 (Owens- Representative Rudy made a mo- In response to questions from rate of one percent. The funding for boro Medical Health System, Inc.). tion to approve the new bond issue Senator Carroll, Mr. McQuady said this loan comes from the American Proceeds from this conduit bond is- for KHC. The motion was seconded KHC ensures borrowers demonstrate Recovery and Reinvestment Act. sue will 1) provide funding for the by Senator Buford and passed unani- the ability to make payments on a The twenty-sixth loan request construction of a replacement hos- mously by roll call vote. second mortgage either through the was a $500,000 Fund F loan for pital in Owensboro, Kentucky; and Senator Leeper asked Rick Mc- $8,000 federal first-time homebuyer Western Mason Water District in 2) Refund Kentucky Health System Quady, Chief Executive Officer, KHC, tax credit or through annual pay- Mason County for the Germantown Variable Rate Revenue Bonds (Ow- and John Herald, Chief Financial Offi- ments. He said KHC has not expe- Water upgrade. The loan term is 20 ensboro Mercy Health System, Inc.) cer, KHC, to come forward to discuss rienced any problems as a result of years with a two percent interest Auction Rate Securities, 2001 Series a possible new housing financing the second mortgage loans. Mr. Mc- rate. The funding for this loan comes A, 2001 Series B, and 2001 Series C. program that was not on the agenda. Quady said KHC encourages borrow- from the American Recovery and Re- Representative Wayne com- Mr. McQuady said that on October ers to pay the second mortgage with investment Act. mented that by locating the hospital 19, 2009, the Obama administration the tax credit as opposed to annual The twenty-seventh loan re- on the outskirts of Owensboro, as announced a new temporary bond payments. quest was an $805,000 Fund F loan opposed to downtown, will deplete purchase and liquidity program to In response to a question from for the City of Prestonsburg in Floyd downtown property values. assist state housing finance agencies Representative Westrom, Mr. Mc- County for the KY 114 System Emer- Representative Damron made a (HFAs). Under this new program, the Quady said the second mortgage is gency tie-in with the Magoffin Coun- motion to approve the KEDFA bond Treasury will purchase Fannie Mae a six percent fixed rate loan for 10 ty project. The loan term is 20 years issue for Owensboro Medical Health and Freddie Mac securities backed years.

THE KENTUCKY GENERAL ASSEMBLY 67 In response to a question from Federal Loan Participation Purchase KRS Chapter 13A; and (2) to amend Senator Buford, Mr. McQuady said Program. Mr. Ackinson said that the Section 7 to clarify that the maxi- when KHC receives the details of State Investment Commission has ADMINISTRATIVE mum stipend is per teacher intern. the federal program it will determine agreed to extend the final maturity REGULATION REVIEW Without objection, and with agree- whether or not (the program will from November 15, 2009 to Febru- SUBCOMMITTEE ment of the agency, the amendments work for Kentucky families) to par- ary 15, 2010. The amount of princi- Minutes of the October Meeting were approved. ticipate. pal outstanding under the financing of the 2009 Interim PERSONNEL CABINET: Board Senator Buford asked KHC to will be reduced from the original $50 October 13, 2009 101 KAR 2:102 & E. Classified report to the Co-Chairs of the Com- million to $24.9 million. A minor The October meeting of the Ad- leave administrative regulations. Joe mittee the final details prior to par- portion of the bonds ($100,000) will ministrative Regulation Review Sub- R. Cowles, deputy executive director, ticipating in the new program. Mr. remain outstanding until November committee was held on Tuesday, Oc- and Mary Elizabeth Harrod, director, McQuady said KHC would report to 2011 in order for the General Bond tober 13, 2009, at 1:00 PM, in Room represented the board. the Committee prior to participat- Resolution to remain available as a 149 of the Capitol Annex. Represen- A motion was made and second- ing. future financing resource. tative Leslie Combs, Chair, called the ed to approve the following amend- In response to a question from Senator Leeper asked what im- meeting to order, and the secretary ments: to amend the NECESSITY, Senator Carroll, Mr. McQuady said he pact the proposed federal legislation called the roll. FUNCTION, AND CONFORMITY did not include an amount of bonds to eliminate FFELP would have on Present were: paragraph and Sections 1, 2, 5, and that can be issued since the federal KHESLC. Mr. Ackinson said the effect Members: Senator Elizabeth 12 to comply with the drafting and government has not yet provided the would be dramatic, as it would even- Tori, Co-Chair; Representative Les- format requirements of KRS Chapter details. tually eliminate KHESLC and replace lie Combs, Co-Chair; Senators David 13A. Without objection, and with Senator Buford made a motion it with direct lending through the Givens, Alice Forgy Kerr, and Joey agreement of the agency, the amend- to approve KHC to have the ability to federal Department of Education. Pendleton; Representatives Danny ments were approved. take actions necessary to participate In response to a question from Ford, and Jimmie Lee. Personnel Cabinet, Unclassified in the New-Issue Bond Program. The Senator Buford, Mr. Ackinson said Guests: Robert Brown, An- 101 KAR 3:015 & E. Leave ad- Committee’s approval is conditioned KHESLC is hopeful to have a “carve- gela Evans, Education Professional ministrative regulations for the un- upon KHC reporting transaction de- out” role if the federal legislation is Standards Board; Joe Cowles, Mary classified service. tails to the Committee as KHC moves passed, but nothing is guaranteed Elizabeth Harrod, Personnel Cabinet; A motion was made and sec- forward on any potential bond issues and KHESLC could be completely Tamela Biggs, Kentucky Teachers’ onded to approve the following related to this program. Additionally, eliminated. Retirement System; Bruce Nix, Lisa amendments: (1) to amend Sections the Committee’s approval is condi- Senator Carroll made a motion Swiger, Richard Dobson, Jim Oliver, 1, 2, 5, and 10 to comply with the tioned upon KHC receiving all of the to approve the extension of the final Department of Revenue; Lee Harris, drafting and format requirements of necessary approvals from the KHC maturity on the KHESLC bond issue. Kentucky Real Estate Commission; KRS Chapter 13A; and (2) to amend Board of Directors and other state The motion was seconded by Rep- Mary Bailey, Stephen Boyd, Board Section 5(2) to insert language in- entities. The motion was seconded resentative Rudy and passed unani- of Hairdressers and Cosmetologists; cluded in the parallel administrative by Representative Wayne and passed mously by roll call vote. Fran Belvin, James Grawe, Frances regulation for classified employees unanimously by roll call vote. Next Mr. Antle reported 14 new Short, Board of Licensure for Profes- that was not included in this ad- Next Mr. Antle presented a new bond issues with the School Facilities sional Art Therapists; Dawn Powers, ministrative regulation, authorizing bond issue for the University of Ken- Construction Commission (SFCC) Katie Smith, Catherine Staib, Cabinet an appointing authority to require tucky (UK) General Receipts Bonds, debt participation for Ballard Coun- for Economic Development; Abby an employee not in a policy-making 2009 Series B – Build America Bonds ty, Barbourville Independent (Knox Powell, Ron Price, Bruce Scott, Divi- position who has accrued 200 hours – Direct Payment in a par amount County), Boyd County, Bracken sion of Water; Carl Campbell, James of compensatory leave to take off of $100,765,000. Proceeds from County, Corbin Independent (Whit- Dickinson, Division of Mine Reclama- work using compensatory leave in an this bond issue will provide funding ley County), Erlanger-Elsmere Inde- tion and Enforcement; Kim Collings, amount sufficient to reduce the com- for the Expand Patient Care Facility pendent (Kenton County), Hancock Division of Oil and Gas; Patricia Cook- pensatory leave balance below 200 – Hospital Phase III, as authorized in County, Kentucky Interlocal School sey, Nicole Biddle, Marc Guilfoil, Ken- hours. Without objection, and with HB 4 (2009 Special Session). Transportation Association Special tucky Horse Racing Commission; Mi- agreement of the agency, the amend- Senator Buford made a motion Issuer Loan Program, LaRue County, chael Bennett, Michael Green, Dawn ments were approved. to approve the new bond issue for Lyon County, Martin County, Paints- Bellis, Richard Moloney, Department TEACHERS’ RETIREMENT SYS- UK. The motion was seconded by ville Independent (Johnson County), of Housing, Buildings and Construc- TEM: General Rules Representative Damron and passed Raceland-Worthington Independent tion; Jason Bentley, Kentucky Oil and 102 KAR1:310. Benefit eligibil- unanimously by roll call vote. (Greenup County), and Spencer Gas Association. ity conditions for members providing Mr. Antle then provided a fol- County. LRC Staff: Dave Nicholas, Don- part-time and substitute services. low-up report for the KHC Housing Representative Rudy made a na Little, Sarah Amburgey, Emily Har- Tamela A. Biggs, staff attorney, rep- Revenue Bonds 2009 Series B (Non- motion to approve the 14 new SFCC kenrider, Karen Howard, Emily Caudi- resented the system. AMT), in the amount of $60,000,000. bond issues. The motion was sec- ll, Jennifer Beeler, and Laura Napier. A motion was made and second- Proceeds from this bond issue will onded by Senator Tori and passed The Administrative Regulation ed to approve the following amend- refund outstanding KHC obligations unanimously by roll call vote. Review Subcommittee met on Tues- ments: to amend the NECESSITY, and make funds available to finance Senator Leeper asked Mr. Mullis day, October 13, 2009, and submits FUNCTION, AND CONFORMITY mortgages. No Committee action to report the new local school bond this report: paragraph to clearly state the neces- was needed. issues. Mr. Mullis said there were Administrative Regulations Re- sity for and function served by this Mr. Howard said the next item on four new school district bond issues viewed by the Subcommittee: administrative regulation, as required the agenda would be best presented with 100 percent local debt support EDUCATION PROFESSIONAL by KRS 13A.220. Without objection, by Jim Ackinson, Chief Financial Of- for Fayette County, Jefferson County, STANDARDS BOARD: Board and with agreement of the agency, ficer, Kentucky Higher Education Stu- Logan County, and Oldham County. 16 KAR 7:010. Kentucky Teach- the amendments were approved. dent Loan Corporation (KHESLC). Mr. All disclosure information has been er Internship Program. Robert Brown, FINANCE AND ADMINISTRA- Ackinson said KHESLC is requesting filed. No Committee action was division director, and Angela Evans, TION CABINET: Kentucky Depart- an extension on the Insured Student needed. assistant attorney general, repre- ment of Revenue: Office of Income Loans Revenue Bonds, 2008 Series A With there being no further sented the board. Taxation: Income Tax; Individual (approved by the Committee in Au- business, Senator Buford made a mo- A motion was made and second- 103 KAR 17:150 & E. New home gust 2008) for the purpose of pro- tion to adjourn the meeting. The mo- ed to approve the following amend- credit. Bruce Nix, director, represent- viding KHESLC with bridge financing tion was seconded by Representative ments: (1) to amend the STATUTORY ed the department. to originate student loans under the Rudy and the meeting adjourned at AUTHORITY paragraph and Sections A motion was made and second- Federal Family Education Loan Pro- 2:45 p.m. 4, 6, 7, 8, and 11 to comply with the ed to approve the following amend- gram (FFELP), in conjunction with the drafting and format requirements of ments: (1) to amend the RELATES

68 2009 Interim LEGISLATIVE RECORD TO paragraph to correct statutory received by email, like a document education requirements. Combs, Mr. Campbell stated that citations; (2) to amend Sections 1 received by fax, must be placed in A motion was made and second- this administrative regulation and to 6 to comply with the drafting and the licensee’s file; (3) to amend Sec- ed to approve the following amend- 405 KAR 18:140 were amended to format requirements of KRS Chapter tion 1 to delete outdated provisions; ments: to amend Sections 3 and 4 to mirror federal regulations and were 13A; and (3) to amend Section 3 to and (4) to amend Sections 3 and 4 to comply with the drafting and format not more stringent than the federal require that a denial letter be sent to comply with the drafting and format requirements of KRS Chapter 13A. regulations. The changes were in the a buyer if the application is denied to requirements of KRS Chapter 13A. Without objection, and with agree- best interests of the industry and notify the buyer of the appeal rights Without objection, and with agree- ment of the agency, the amendments were good for the community. available under KRS 131.110. With- ment of the agency, the amendments were approved. A motion was made and sec- out objection, and with agreement were approved. 201 KAR 34:040. Code of eth- onded to approve the following of the agency, the amendments were 201 KAR 11:450. Broker man- ics. amendments: (1) to amend the RE- approved. agement course. A motion was made and second- LATES TO; STATUTORY AUTHORITY; Division of Miscellaneous Taxes: A motion was made and sec- ed to approve the following amend- and NECESSITY, FUNCTION, AND Selective Excise Tax; Motor Vehicle onded to approve the following ments: to amend Sections 2 and 5 to CONFORMITY paragraphs to correct Usage amendments: to amend the NECES- comply with the drafting and format citations; (2) to amend the NECESSI- 103 KAR 44:130 & E. New mo- SITY, FUNCTION, AND CONFORMI- requirements of KRS Chapter 13A. TY, FUNCTION, AND CONFORMITY tor vehicle trade-in allowance. TY paragraph and Sections 2 through Without objection, and with agree- paragraph to clearly state the neces- A motion was made and sec- 5 to comply with the drafting and ment of the agency, the amendments sity for and function served by this onded to approve the following format requirements of KRS Chapter were approved. administrative regulation, as required amendments: (1) to amend the RE- 13A. Without objection, and with 201 KAR 34:050. Complaint by KRS 13A.220; (3) to amend Sec- LATES TO, STATUTORY AUTHORITY, agreement of the agency, the amend- procedure. tion 2 to establish a twenty-four and NECESSITY, FUNCTION, AND ments were approved. CABINET FOR ECONOMIC DE- (24) hour deadline for notifying the CONFORMITY paragraphs to correct Board of Hairdressers and Cos- VELOPMENT: Kentucky Economic cabinet if an inspection discloses a statutory citations; and (2) to amend metologists: Board Development Finance Authority: potential hazard; and (4) to amend Sections 1 to 3 to comply with the 201 KAR 12:105 & E. School Kentucky Business Investment Pro- Sections 2, 3, 4, and 7 to comply drafting and format requirements districts. Stephen Boyd, vice chair, gram with the drafting and format require- of KRS Chapter 13A. Without ob- and Mary Bailey, board secretary, rep- 307 KAR 8:010 & E. Application ments of KRS Chapter 13A. Without jection, and with agreement of the resented the board. for Kentucky business investment objection, and with agreement of the agency, the amendments were ap- A motion was made and second- programs. Catherine Staib, assistant agency, the amendments were ap- proved. ed to approve the following amend- general counsel, and Katie Smith, proved. GENERAL GOVERNMENT CABI- ments: (1) to amend the NECESSITY, deputy commissioner, represented Performance Standards for Un- NET: Kentucky Real Estate Commis- FUNCTION, AND CONFORMITY the authority. derground Mining Activities sion: Commission paragraph to clearly state the ne- A motion was made and sec- 405 KAR 18:140. Disposal of 201 KAR 11:121. Improper con- cessity for and function served by onded to approve the following coal mine waste. duct. Lee Harris, general counsel, this administrative regulation; (2) to amendments: (1) to amend the RE- A motion was made and sec- represented the commission. amend Section 6 to provide criteria to LATES TO, STATUTORY AUTHORITY, onded to approve the following A motion was made and second- establish need; (3) to amend Section and NECESSITY, FUNCTION, AND amendments: (1) to amend the RE- ed to approve the following amend- 7 to: (a) provide criteria to establish CONFORMITY paragraphs to cor- LATES TO; STATUTORY AUTHORITY; ments: (1) to amend the RELATES economic feasibility; and (b) provide rect statutory citations; and (2) to and NECESSITY, FUNCTION, AND TO paragraph to correct statutory all requirements for the application amend Sections 2 and 3 to comply CONFORMITY paragraphs to correct citations; and (2) to amend Section process; (4) to create a new Section with the drafting and format require- citations; (2) to amend the NECESSI- 1 to: (a) return to the list of improper 9 to incorporate by reference the re- ments of KRS Chapter 13A. Without TY, FUNCTION, AND CONFORMITY conduct the advertising of guaran- quired application; and (5) to amend objection, and with agreement of the paragraph to clearly state the neces- teed sales plans without required Sections 1 to 4 and 6 to 8 to com- agency, the amendments were ap- sity for and function served by this disclosures; and (b) comply with the ply with the drafting and formatting proved. administrative regulation, as required drafting requirements of KRS Chapter requirements of KRS Chapter 13A. ENERGY AND ENVIRONMENT by KRS 13A.220; (3) to amend Sec- 13A. Without objection, and with Without objection, and with agree- CABINET: Department for Environ- tion 2 to establish a twenty-four agreement of the agency, the amend- ment of the agency, the amendments mental Protection: Division of Water: (24) hour deadline for notifying the ments were approved. were approved. Water Quality cabinet if an inspection discloses a 201 KAR 11:215. License recog- Board of Licensure for Profes- 401 KAR 5:310. Surface water potential hazard; and (4) to amend nition; application requirements. sional Art Therapists: Board permit fees. Bruce Scott, commis- Sections 2, 3, 4, and 7 to comply A motion was made and sec- 201 KAR 34:010. Licensure of sioner, represented the department. with the drafting and format require- onded to approve the following professional art therapies. Fran Bev- In response to questions by ments of KRS Chapter 13A. Without amendments: (1) to amend Section 1 in, board chair, and Jim Grawe, as- Representative Ford, Mr. Scott stated objection, and with agreement of the to delete an unnecessary definition; sistant attorney general, represented that while the department did not agency, the amendments were ap- and (2) to amend Sections 1, 2, and the board. require on-site inspectors for water proved. 3 to correct citations and to comply A motion was made and sec- line extensions, local jurisdictions Department for Energy Develop- with the drafting and format require- onded to approve the following might have local ordinances requir- ment and Independence: Division of ments of KRS Chapter 13A. Without amendments: to amend Section 1 ing the on-site inspectors. The de- Oil and Gas Conservation: Division objection, and with agreement of the to comply with the drafting require- partment reviewed post-construc- 805 KAR 1:190. Gathering agency, the amendments were ap- ments of KRS Chapter 13A. Without tion certifications submitted to it for lines. Carl Campbell, commissioner, proved. objection, and with agreement of the quality assurance and investigated and Kim Collings, division director, 201 KAR 11:300. Use of fac- agency, the amendments were ap- on-site if complaints were received. represented the department. Jason simile and electronic-mail transmis- proved. Department for Natural Resourc- Bentley, Kentucky Oil and Gas Asso- sions; electronic storage. 201 KAR 34:015. Examination. es: Division of Mine Reclamation and ciation, appeared in support of this A motion was made and second- 201 KAR 34:020. Fees. Enforcement: Performance Standards administrative regulation. ed to approve the following amend- A motion was made and sec- for Surface Mining Activities In response to questions by Rep- ments: (1) to amend the NECESSITY, onded to approve the following 405 KAR 16:140. Disposal of resentative Ford, Ms. Collings stated FUNCTION, AND CONFORMITY amendment: to amend Section 5 to coal mine waste. Carl Campbell, that the changes were being made to paragraph to clearly state the neces- correct a typographical error. With- commissioner, and Jim Dickinson, comply with statutory changes that sity for and function served by this out objection, and with agreement of division director, represented the de- went into effect June 25, 2009. administrative regulation, as required the agency, the amendment was ap- partment. At the September 8, 2009, meet- by KRS 13A.220; (2) to amend Sec- proved. In response to questions by ing of the Administrative Regulation tion 3 to specify that a document 201 KAR 34:030. Continuing Representative Lee and Co-Chair Review Subcommittee, a motion was

THE KENTUCKY GENERAL ASSEMBLY 69 made and seconded to approve the Review Subcommittee, a motion was proved. that licensees from a different com- following amendments: (1) to amend made and seconded to approve the Division of Building Code En- pany’s broker could not contact cus- the RELATES TO paragraph to correct following amendments: (1) to amend forcement: Electrical Inspectors tomers that currently have property statutory citations; (2) to amend the Sections 2 and 4 to use statutory 815 KAR 35:060. Licensing of listed with a different licensee unless NECESSITY, FUNCTION, AND CON- terminology; and (2) to amend Sec- electrical contractors, electricians, the seller initiated the contact. FORMITY paragraph to add authoriz- tions 2, 4, 8, 11, 12, 14, and 22 to and master electricians pursuant to A motion was made and sec- ing language; (3) to amend Section comply with the drafting and format KRS 227A.060. Dawn Bellis, general onded to approve the following 13(5) to clarify provisions; and (4) requirements of KRS Chapter 13A. counsel, and Richard Moloney, com- amendments: (1) to amend Section 6 to amend Sections 1, 3, 11, 12, 13, Without objection, and with agree- missioner, represented the depart- to specify that a relisting agreement 15, and 16 to comply with the draft- ment of the agency, the amendments ment. can be negotiated only if the seller ing and format requirements of KRS were approved. A motion was made and second- initiated contact with the licensee; Chapter 13A. Without objection, A motion was made and second- ed to approve the following amend- and (2) to amend the RELATES TO and with agreement of the agency, ed to approve the following amend- ments: (1) to amend the RELATES paragraph and Sections 1, 2, 4, 5, the amendments were approved. ments: (1) to amend Section 2(2)(b) TO and STATUTORY AUTHORITY and 6 to correct statutory citations A motion was made and sec- to state that a judge must have paragraphs to insert citations; (2) to and to comply with the drafting and onded to approve the following passed a written and oral examina- amend Section 6 to clarify that an format requirements of KRS Chapter amendments: (1) to amend the NE- tion, instead of a written or oral ex- applicant shall have ten (10) busi- 13A. Without objection, and with CESSITY, FUNCTION, AND CON- amination as originally drafted; and ness days to file an appeal; and (3) agreement of the agency, the amend- FORMITY paragraph to add language (2) to amend Section 2(2)(c) to de- to amend Sections 2 through 9 to ments were approved. Without ob- concerning the Executive Order that lete the indefinite requirement that a comply with the drafting and format jection, and with agreement of the reorganized the agency into the “En- judge be of good moral character and requirements of KRS Chapter 13A. agency, this administrative regula- ergy and Environment Cabinet”; (2) reputation. Without objection, and Without objection, and with agree- tion as amended was deferred to the to amend Section 11(5)(b) to clarify with agreement of the agency, the ment of the agency, the amendments November meeting of the Subcom- that the line marker requirements for amendments were approved. were approved. mittee. slopes greater than twenty (20) de- Department of Housing, Build- 815 KAR 35:090. Electrical Kentucky Board of Social Work: grees shall apply to lines installed af- ings and Construction: Board of training program standards. Board ter June 25, 2009; and (3) to amend Home Inspectors: Kentucky Board of A motion was made and sec- 201 KAR 23:075. Continuing Sections 1 and 18 to change the Home Inspectors onded to approve the following education. name of the “Division of Oil and Gas 815 KAR 6:010. Home inspector amendments: (1) to amend the RE- ENERGY AND ENVIRONMENT Conservation” to the “Division of Oil licensing requirements and mainte- LATES TO; STATUTORY AUTHORITY; CABINET: Department for Natural and Gas.” Without objection, and nance of records. Mike Bennett, staff and NECESSITY, FUNCTION, AND Resources: Division of Waste Man- with agreement of the agency, the attorney, and David Michael Green, CONFORMITY paragraphs to correct agement: Solid Waste Facilities amendments were approved. chair, represented the department. citations; (2) to amend Section 7 to 401 KAR 47:090. Solid waste PUBLIC PROTECTION CABINET: A motion was made and second- insert criteria for the Interim Creden- permit fees. Kentucky Horse Racing Commission: ed to approve the following amend- tial Form; and (3) to amend Sections EDUCATION CABINET: Ken- Division of Licensing: Thoroughbred ments: (1) to amend the RELATES TO 1, 3, 4, 5, 7, and 9 to comply with tucky Board of Education: Depart- Racing and STATUTORY AUTHORITY para- the drafting and format requirements ment of Education: Office of Chief 810 KAR 1:004. Stewards. Ni- graphs to correct citations; (2) to of KRS Chapter 13A. Without ob- State School Officer cole Biddle, acting general counsel, amend the NECESSITY, FUNCTION, jection, and with agreement of the 701 KAR 5:031. Repeal of 701 Patty Cooksey, director of marketing, AND CONFORMITY paragraph to agency, the amendments were ap- KAR 5:035. and Marc Guilfoil, deputy executive clearly state the necessity for and proved. Food Service Programs director, represented the commis- function served by this administra- The following administrative 702 KAR 6:010. Local responsi- sion. tive regulation, as required by KRS regulations were deferred to the No- bilities. At the September 8, 2009, meet- 13A.220; (3) to amend Section 2 to: vember 10, 2009, meeting of the 702 KAR 6:020. District school ing of the Administrative Regulation (a) establish material to be submit- Subcommittee: nutrition director. Review Subcommittee, a motion was ted with the application for licensure; PERSONNEL CABINET: Board 702 KAR 6:031. Repeal of 702 made and seconded to approve the and (b) clarify the waiting period af- 101 KAR 2:066 & E. Certifica- KAR 6:030. following amendments: (1) to amend ter a failed examination before an ap- tion and selection of eligibles for ap- 702 KAR 6:040. Personnel; poli- Sections 1 and 2 for organization and plicant is eligible to retake the test; pointment. cies and procedures. clarity; (2) to amend Sections 1 and (4) to amend Section 5 to establish 101 KAR 2:120. Incentive pro- 702 KAR 6:045. Personnel; 2 to use statutory terminology; and material to be submitted with the grams. school nutrition employee qualifica- (3) to amend Sections 1 through 4 to application for license renewal; (5) FINANCE AND ADMINISTRA- tions. comply with the drafting and format to amend Sections 1 through 8 and TION CABINET: Office of the Secre- 702 KAR 6:075. Reports and requirements of KRS Chapter 13A. 10 to comply with the drafting and tary: Property funds. Without objection, and with agree- format requirements of KRS Chapter 200 KAR 5:315. Debarment. 702 KAR 6:090. Minimum nu- ment of the agency, the amendments 13A; and (6) to amend Section 10 GENERAL GOVERNMENT CABI- tritional standards for foods and were approved. to clarify ramifications for a licensee NET: Kentucky Real Estate Commis- beverages available on public school A motion was made and second- who fails to provide applicable infor- sion: Commission campuses during the school day; re- ed to approve the following amend- mation after a name change. With- 201 KAR 11:190. Disciplinary quired nutrition and physical activity ments: (1) to amend Section 1(1)(b) out objection, and with agreement proceedings. reports. to state that a steward must have of the agency, the amendments were 201 KAR 11:250. Listing and Office of Chief State School Of- passed a written and oral examina- approved. purchase contracts and other agree- ficer tion, instead of a written or oral ex- 815 KAR 6:020. Advertising by ments entered into by licensees; 702 KAR 7:125. Pupil atten- amination as originally drafted; and home inspectors. provisions required; seller-initiated dance. (2) to amend Section 1(1)(c) to de- A motion was made and second- relisting request disclosure form. Lee 702 KAR 7:140. School district lete the indefinite requirement that a ed to approve the following amend- Harris, general counsel, represented calendar. steward be of good moral character ments: (1) to amend the RELATES TO the commission. ENERGY AND ENVIRONMENT and reputation. Without objection, and STATUTORY AUTHORITY para- In response to questions by CABINET: Department for Natural and with agreement of the agency, graphs to correct citations; and (2) Representative Ford, Ms. Harris stat- Resources: Office of Mine Safety and the amendments were approved. to amend Sections 2 and 3 to comply ed that this administrative regulation Licensing: Miner Training, Education Harness Racing with the drafting and format require- should be amended to clarify that a and Certification 811 KAR 1:015. Race officials. ments of KRS Chapter 13A. Without licensee from a company’s broker 805 KAR 7:060. Program ap- At the September 8, 2009, meet- objection, and with agreement of the could contact existing customers to proval. ing of the Administrative Regulation agency, the amendments were ap- inquire about relisting a property but Sanctions and Penalties

70 2009 Interim LEGISLATIVE RECORD 805 KAR 8:060. Criteria for the LRC Staff: Sandy Deaton, Au- of consequences for Title I schools to do better than the high school imposition and enforcement of sanc- drey Carr, Janet Stevens, Ken Warlick, and districts and the summary of students. It is noted that only 19 tions against licensed premises. and Lisa Moore. non-Title I schools eligible for state percent of the high schools met their PUBLIC PROTECTION CABINET: Representative Stevens asked assistance. These detailed graphs are AYP goals. He said this may impact Department of Insurance: Health and for a motion to approve the minutes located in the meeting folder located NCLB reporting because it is focused Life Division: Trade Practices and of the June 9 and August 10, 2009, in the Legislative Research Commis- on subgroups that tend to have low- Frauds meetings. Senator Westwood made sion (LRC) library. er scores. Senator Westwood said he 806 KAR 12:070. Life insurance the motion to approve the minutes, Mr. Draut said the Common- wants to focus on middle grades and application requirements. seconded by Senator Winters. The wealth Accountability Testing Sys- hopefully the progress will contin- Life Insurance and Annuity Con- minutes were adopted by voice vote. tem (CATS) is suspended as a result ue to the high school level. He said tracts Representative Stevens intro- of Senate Bill 1 passed in the 2009 these figures may actually be worse 806 KAR 15:080. Paid-up life in- duced Dr. Terry Holliday, Commis- regular session. He said school per- than what is being reported because surance policies. sioner, and Mr. Ken Draut, Associate formance is no longer reported on it unknown if the dropouts are being Health Insurance Contracts Commissioner, Office of Assessment individual school growth charts. No calculated that may have dropped 806 KAR 17:020. Disclosure of and Accountability, Kentucky De- indices (accountability or academic) out before the testing took place. other coverage in application. partment of Education (KDE) to give are generated and reported by the Senator Winters said one issue 806 KAR 17:391E. Repeal of the committee a report on the 2008- KDE. He noted the Interim Perfor- that precipitated Senate Bill 1 was 806 KAR 17:390, 17:400, 17:410, 2009 assessment results. mance Report replaces the Kentucky the realization that young people 17:420, 17:430. Dr. Holliday said principals and Performance Report and includes are not held personally responsible Kentucky Horse Racing Com- teachers are working hard in Kentucky three reports: trend data; disaggrega- for their performance on assessment mission: Division of Licensing: Har- schools, but more work is needed to tion; and core content. tests. He said the longitudinal data ness Racing close the achievement gaps and im- Mr. Draut reported the percent- that will be kept on students in the 811 KAR 1:070 & E. Licensing prove student proficiency. He said ages of proficient and distinguished future will have a dramatic effect on standardbred racing. KDE is looking at further processes students by content and grade span. the test results. CABINET FOR HEALTH AND to address those concerns. He also reported the 2009 disag- Dr. Holliday said he believes the FAMILY SERVICES: Office of Health Mr. Draut said Kentucky is uti- gregated data for students and the people have been working hard, but Policy: Certificate of Need lizing the Kentucky Core Content percentages that were proficient and changes must be made in the sys- 900 KAR 6:125. Certificate of Test (KCCT) and the alternate as- distinguished by subject area. The tem. He wants to focus on adoles- Need annual surveys, and registra- sessments in reading, mathematics, detailed charts are located in the cent literacy, student accountability, tion requirements for new magnetic science, social studies, and writing meeting folder in the LRC library. strengthening math instruction, and resonance imaging units. on-demand. He said these scores are Mr. Draut said the ACT EXPLORE preparing teachers to teach students Commission for Children with used for reporting to the federal No and the ACT PLAN test scores in- with a wide range of ability levels in Special Health Care Needs: Division Child Left Behind (NCLB) account- creased since 2006, while still fall- the classroom. He said that KDE has of Clinical and Augmentative Servic- ability system. The scores are also ing below the national norm study developed an intervention matrix. es: Children with Special Health Care used to report the state’s percentage scores. The EXPLORE test is admin- This creates focus on the schools Needs Services of novice, apprentice, proficient, and istered to students in the 8th grade and districts that may need the most 911 KAR 1:085. Early hearing distinguished students. An interim and the PLAN is administered to comprehensive type of assistance detection and intervention program. report is generated and distributed to students in the 10th grade. He said from KDE. Schools that receive the The subcommittee adjourned at schools to identify areas of improve- the ACT data were released in Au- most intensive intervention will be 1:50 p.m. until November 10, 2009. ment resulting from the test scores. gust 2009 and show two years of the school districts that have the Mr. Draut discussed some issues trend data. The average ACT scores lowest proficiency performance and EDUCATION ASSESSMENT that were analyzed during the 2009 for Kentucky juniors improved from have large gaps between the sub- AND ACCOUNTABILITY interim assessment period. He said 2008 to 2009 in English and math- groups. He said KDE will provide tar- REVIEW SUBCOMMITTEE the student performance level defini- ematics. Students scored lower in geted intervention to districts with Minutes of the 3rd Meeting tions (novice, apprentice, proficient, 2009 in reading, science, and in over- good proficiency, but have large gaps. of the 2009 Interim and distinguished) remain the same. all composite scores. The percentages In addition, KDE will provide targeted October 13, 2009 The 2009 NCLB data calculations of Kentucky students meeting college intervention to school districts with The third meeting of the Educa- are unchanged. The United States readiness benchmarks remained the low proficiency and low gaps. He tion Assessment and Accountability Department of Education approved same in English in 2008 and 2009. said basic intervention will be given Review Subcommittee was held on Kentucky to delay the NCLB results The percentage went up one point to school districts who are on the Tuesday, October 13, 2009, at 10:00 due to multiple natural disasters in in mathematics and science, and de- “bubble” or have small achievement AM, in Room 129 of the Capitol An- 2008-2009. Finally, Title I and Non- creased three points in reading. The gaps and higher overall performance, nex. Representative Kent Stevens, Title I schools and districts are held percentage of Kentucky junior stu- but have missed AYP for at least two Co-Chair, called the meeting to or- accountable based on Adequate dents meeting all four benchmarks years. He noted KDE is required by der, and the secretary called the roll. Yearly Progress (AYP) status. on the ACT increased from 10 to 11 the new school improvement grant Present were: Mr. Draut said Kentucky met 19 percent from 2008 to 2009. He also funds to identify the lowest perform- Members: Senator Jack West- out of 25, or 76 percent, of its target reported on the disaggregated trend ing five percent of schools in Ken- wood, Co-Chair; Representative Kent goals for NCLB. He noted African- data for the ACT scores, which were tucky. The schools identified will be Stevens, Co-Chair; Senators Dan American and disabled students did similar to the trend data in the KCCT provided with very intensive support Kelly and Ken Winters; Representa- not meet their goals in reading and scores. and significant dollars. tives Mary Lou Marzian and Harry mathematics. Limited English profi- Senator Westwood said the Dr. Holliday said KDE is focusing Moberly Jr. cient students and those who qualify KCCT reporting indicates no signifi- on the “Race to the Top” application Guests: Mr. Wayne Young, Ken- for free and reduced lunch did not cant gains or decreases in scores. He and what it might include for funding tucky Association of School Admin- meet their goals in reading. asked why there are significant drops on improving instruction. He said the istrators; Ms. Robyn Oatley, private Mr. Draut said 696 schools met in proficiency in the disaggregated school districts are going to perform citizen; Ms. Robin Hill, Kentucky 100 percent of NCLB AYP goals, which scores, particularly in middle and no better than the quality of instruc- Department of Education; Mr. Clyde is 60.2 percent of all schools. He said high school. He also is concerned tion that the children receive from Caudill, Kentucky Association of 78 percent of elementary schools met that only 20.8 percent of African- their teachers. He said the education School Superintendents; Mr. Robert 100 percent; 37.6 percent of middle American students are reaching pro- system needs to provide teachers Brown and Ms. Marilyn Troupe, Edu- schools met 100 percent; 19.9 per- ficiency and distinguished levels. Mr. the coaching and support necessary cation Professional Standards Board. cent of high schools met 100 percent; Draut responded that the trend in to successfully teach children of all Legislative Guests: Representa- and 75 of 175 schools, 42.9 percent, Kentucky has been that elementary abilities. KDE has identified current tives Linda Belcher and Derrick Gra- met 100 percent of their goals. He students do better on the KCCT. He funding sources available for teacher ham also discussed the summary of tiers said the middle school students tend professional development. He also

THE KENTUCKY GENERAL ASSEMBLY 71 noted that KDE is aligning all the He said KDE is currently working on problems of students performing to be successful in college. He said programs they currently have to co- potential regulations that may need well in elementary school and then our country and state need to focus incide with the expectations of Sen- to be brought to the Education As- dropping in middle and high school. on current students. Teacher prepa- ate Bill 1. sessment and Accountability Review He said this has been the pattern and ration is essential to the future, but Dr. Holliday explained the in- Subcommittee (EAARS) to grant stu- he hopes KDE will get a new plan Kentucky cannot afford to lose an- struction improvement system that dents credit for those courses. that is supported by federal stimulus other generation of children that are he hopes is funded through the “Race Senator Winters said the com- dollars to implement innovative and sitting in classrooms today. He said to the Top” federal competitive grant mittee is interested in “Race to the creative programs. He said students if he makes mistakes moving forward dollars. This system would be avail- Top” and the General Assembly is with disabilities are making no better it was always in the best interest of able to teachers on-line and would attempting to do things legislatively progress today than they were years the children. provide school districts and schools that will compliment that initiative. ago and this needs serious attention. Representative Graham is dis- with a coherent set of interconnect- He would like Dr. Holliday to com- He wants KDE to work with the Edu- turbed by the number of free and re- ed tools and resources to assist with: ment on the strengths and weak- cation Professional Standards Board duced lunch students and is worried curriculum planning; measuring stu- nesses that Kentucky has in applying (EPSB) to work on teacher prepara- about African-American students dent progress; on-line publishing of and obtaining the federal grant dol- tion issues that are long overdue. being discouraged from taking Ad- teacher lesson plans; job-embedded lars. Dr. Holliday said KDE is in the fi- He asked why schools that are low vanced Placement (AP) courses. He professional learning for teachers; nal stretch of preparing the grant ap- performing cannot model successful is concerned about the high number and strong instruction leadership, plication and feels that Senate Bill 1 schools so that all schools perform of students with disabilities that are including tools for classroom walk- will be a great strength. He discussed well in the system. He is disheart- not performing at a high level. Stu- throughs and teacher observation. the excellent partnership that KDE ened that only 19 percent of high dents are also deciding to enroll into Senator Kelly asked how many has with the educators association, schools are meeting AYP. It is time the lower classes in order to achieve schools are currently receiving in- administrators association, school for improvements and for schools to a higher grade instead of taking a tervention from the KDE. Mr. Draut board association, and the Council on quit repeating the same mistakes year more rigorous course. He feels KDE said there were 119 schools involved Postsecondary Education (CPE). He after year. He said innovative ideas should encourage students from all with intervention in the 2008-2009 said potential barriers or weaknesses such as charter schools and differen- socioeconomic backgrounds to take school year. There were 35-40 schools include how to address the charter tial pay for teachers may need to be the AP courses. Dr. Holliday said one involved in the state accountability school issue and the turnaround of explored in schools that consistently of KDE’s key strategies in obtaining system. low performing schools. He said KDE show no improvement. He also said the “Race to the Top” dollars is how Senator Kelly said there are com- will bring a white paper with con- teacher incentives should be imple- to provide funding support to recruit plaints from higher education about cepts addressing those issues to the mented to help salaries increase at a more minority and economically dis- the remedial resources being spent committee in December 2009 prior higher rate throughout their 27 year advantaged students into AP cours- to get students prepared when that to the next legislative session. profession. es. He said more resources also need preparation should have occurred in Senator Westwood said im- Representative Stevens said there to be placed into Science Technology high school. He said the KDE instruc- provements were made in early lit- are so many major problems facing Engineering and Mathematics (STEM) tional improvement system is focus- eracy with the passage of Senate Kentucky’s educational system that initiatives. ing resources to do what should have Bill 186 several years ago. He is now it is hard to know where to start. He Representative Moberly asked been done in the teacher prepara- concerned about the middle school said dropouts are a major issue and why females are scoring significantly tion programs in higher education. literacy and if teachers are teach- 70 percent of people incarcerated are higher scores on the KCCT exams, He would like to see conversations ing reading in the content areas. He high school dropouts. He mentioned particularly in the upper grades. Dr. about this issue take place when co- said student scores are dropping in that children starting preschool com- Holliday said females are scoring ordinating with higher education to the middle and upper grades and this ing from lower socioeconomic fami- much higher than males in adolescent develop the new standards. He said may not be due to the difficulty of lies only have 1,500 words in their reading in middle and high school. improving the skills and resources of the courses. It may be that the stu- vocabulary and are at an immediate Scores are more equal in math. He instructors is important, however, dents cannot read the textbooks in disadvantage from the children start- said studies show the reason as be- services to children through early order to learn the course material. He ing with 2,500 word vocabularies. ing attributed to females being more intervention need to be incorpo- would like to see the money in the He said Kentucky should be focusing compliant and males not being inter- rated in KDE’s plan. Senator Kelly’s instructional improvement system on the two, three, and four year olds ested in the reading material. Repre- final point was about the reporting to address the literacy piece and also more than it is. He wants middle and sentative Moberly asked if KDE has that KDE provides to the General As- to prepare teachers in postsecondary high school students to perform at any intervention or professional de- sembly. He finds it less informative education to understand they have to the same levels of elementary school velopment strategies to address the to see the data of all schools merged teach reading in the content areas. students. He also believes that voca- issue. Dr. Holliday said KDE has hired together and would like to see spe- Dr. Holliday said he spoke to Mr. tional education needs more atten- Ms. Felicia Cummings-Smith, former cific data on the schools that KDE is Dale Brown, former superintendent tion in the future. He feels change is executive director of the Collabora- providing services to. He would like for Warren County Schools, who said needed in the way Kentucky oper- tive Center for Literacy Development, to see data on how KDE’s interven- they had experienced the problems ates because what it has been doing to help KDE prepare professional de- tions are working in the low perform- with adolescent readers and part- the last few years is not working. velopment to address adolescent lit- ing schools. nered with Western Kentucky Uni- Representative Graham said eracy issues. He also said SREB has Mr. Draut said media packets versity (WKU) to address the issue. Kentucky’s high school students do published some strong recommen- were disseminated that highlight WKU offered training to classroom not have study skills. He said stu- dations that can be incorporated in specific school data. He will see that teachers at the high schools, along dents may know and understand the KDE’s training and development. He the information is distributed to the with 31 professors from WKU, to ad- material as it is being taught, but said postsecondary education faculty committee members. dress adolescent literacy issues and they do not know how to prepare must be engaged in the training be- Dr. Holliday said he is meeting how to deal with reluctant readers. and study for a test. He said this is cause they have the same issues of with the university presidents about The program was a success and many a skill set that should be taught to dropouts relating to student literacy teacher preparation. He said there are students made significant gains after students at a very early age. He asked levels. 48,000 teachers currently working in being reassessed a year later. He said if KDE can encourage teachers to in- Senator Kelly said he is pleased the system that need tools to be pre- that adolescent literacy issues are at corporate teaching study skill strate- to hear Dr. Holliday discuss the Ad- pared to assist with early interven- the core of Kentucky’s problems, in gies to students in the transition pe- vanceKentucky program. He believes tions. He also said KDE is working conjunction with student and teach- riod between elementary and middle there will be a legislative initia- with the Southern Regional Educa- er accountability. He feels end-of- school. Dr. Holliday said the new tive in the 2010 session to expand tion Board (SREB) to define senior course assessments may help with common course standards focus on the program statewide. He talked level courses at the high school for these issues. study skills through the application about the partnership between the the remedial work that students may Representative Moberly said of math and language arts and the National Math and Science Initia- need prior to enrolling in college. Kentucky’s scores show the same real study skills that children need tive and the Kentucky Science and

72 2009 Interim LEGISLATIVE RECORD Technology Center, to create a pro- jors do not require college algebra. She everywhere. She said courses can passed content knowledge Praxis II gram to get more minority and lower said 44 percent of Kentucky juniors differ from district to district, school examinations, yet Kentucky student socioeconomic students involved in scored at or above the benchmark for to school, and even classroom to mathematics achievement remains AP courses. Since the implementa- general college math; 22 percent met classroom within a school. She noted low. He noted after teachers receive tion of the program, there has been the benchmark for the PLAN assess- current guidance is scant. The 1998 full teacher certification in Kentucky, a 76 percent increase in the number ment; and 29 percent met the bench- Program of Studies implementation they are required to receive a mas- of students taking and passing math, mark for the EXPLORE assessment. manual could be helpful if updated. ter’s degree within 10 years. Alterna- science, and English AP courses; 200 She noted Kentucky scored below She said end-of-course exams will tive routes are available to teachers percent increase in free and reduced the national norms in the PLAN and require that courses with the same and emergency certification is used lunch students; and a 200 percent in- EXPLORE assessments. name cover similar content. when qualified candidates cannot crease in minority students. He urged Ms. Landy discussed the AP Ms. Landy discussed high school be found. The issuance of emergency Representative Graham to contact test scores in 2008. About half of graduation requirements. She said certificates is decreasing due to the Dr. Joanne Lange at the Kentucky Sci- the students attempting to take Kentucky’s high school graduation demands of the NCLB and the defini- ence and Technology Center. the exam are passing the exam. She requirements are among the most tion of highly qualified teachers. Representative Stevens asked for said there are big differences in the rigorous of all states. By 2012, Ken- Dr. Chilton said Kentucky has a motion to accept three reports from exam activity by income level and tucky will be just one of eleven states thirty programs accredited by EPSB the Office of Education Accountabil- race of students. The AdvanceKen- requiring Algebra II as a graduation to train teachers. Fifteen programs ity (OEA) that had been presented to tucky project is trying to address the requirement. In addition, Kentucky is also have dual certification by the subcommittee at an earlier meeting. achievement gaps and trying to en- one of very few states that will make National Council for the Accredita- Senator Westwood made the motion courage disadvantaged students to the course requirements mandatory tion of Teacher Education (NCATE). to accept the Review of School Fees take AP courses. There are detailed because other states provide flex- He said program requirements will be and Supplies; Review of Education graphs with specific data information ibility for some students who opt to established for elementary, middle, Technology Initiatives; and the Ken- located in the meeting folder in the take less rigorous courses. and secondary math requirements. tucky District Data Profiles-School LRC library. Ms. Landy summarized the for- He also noted Kentucky will look Year 2007-2008 reports. Senator Ms. Landy discussed the KCCT mal recommendations in the report. at special education math require- Winters seconded the motion. The math proficiency trends. She noted She said most of the recommenda- ments. motion was approved by voice vote. Kentucky has been administering a tions have to do with the need to Dr. Chilton said certified el- Representative Stevens intro- similar test from 1999 through 2006. improve data quality for KDE, CPE, ementary math majors are certified duced Ms. Marcia Ford Seiler, Direc- In 2007, major changes were made and EPSB. She also noted the recom- K-5, with no content area special- tor, Ms. Brenda Landy, Legislative to the test. The similar trend of ele- mendations in the report are meant ization. Elementary math content Analyst, Dr. Ken Chilton, Director of mentary school students performing to support and align with the goals knowledge requirements generally Research, OEA, to explain two parts better than middle and high school of Senate Bill 1. The formal recom- do not include college algebra. Re- of the math study. Ms. Seiler con- students remains consistent. Many mendations are located in the meet- searchers believe elementary educa- curred with the members that the Kentucky middle and high schools ing folder in the LRC library. tion majors need more “pedagogical data seem to consistently remain the do not seem to be set up to help stu- Representative Stevens asked content knowledge” to teach math- same. She thanked the staff at CPE, dents in a short amount of time. This Dr. Holliday if he would like to make ematics. EPSB has approved an ele- KDE, and EPSB for helping to gather is troublesome because high schools any comments. Dr. Holliday said that mentary mathematics endorsement. the data for the report. have just a few years to help stu- KDE agrees with the recommenda- He said middle school math teach- Ms. Landy said part one of the dents catch up on skills and knowl- tions with one caveat. He said Ken- ers are certified in 5-9, and special- math study focused on assessment edge that they need to be successful tucky needs to refine its regulatory ize in content area. He said there is and course-taking. She said Ken- in college or the workplace. She said language to ensure high expectations variation in types of coursework re- tucky is significantly below the na- research shows that student achieve- for students, school districts and quired. High school math teachers tional average on most achievement ment in high school depends on the schools in common course stan- are certified in 8-12, and specialize and college readiness measures. She solid foundation in earlier grades. dards. Algebra I course codes and in content area. All programs include noted the PLAN assessment scores She also noted that achievement gap content need to include high level higher level mathematics course- that are administered to students in trends within specific subgroups re- rigor across the Commonwealth. He work, including calculus. He said site grade 10 are 12 percentage points be- main consistent with other assess- said this is one example of the bal- visits found that administrators are low the national norm. The National ment testing results. The female and ance of local control with state au- comfortable with content knowledge Assessment of Educational Progress male gaps are pretty small, but the thority and how that would work to- of both middle and high school math (NAEP) began state level testing of gaps grow larger when comparing in- gether. He also said Kentucky needs teachers. There is a concern about 4th and 8th grade students in the come, race, English proficiency, and high expectations and consistent, pedagogical content knowledge. Fi- early 1990’s, and are now conducted disability status. Specific trend data standardized data monitored for its nally, special education teachers are every other year. She said the NAEP and flow charts are located in the longitudinal data system. certified P-12, with no content area scores conducted for 2009 will not meeting folder in the LRC library. Dr. Chilton discussed part two of specialization. He said over 7,500 be released until October 14th so Ms. Landy said research shows the math study dealing with teacher special education teachers received scores will not be reported in this that students with a wide spectrum quality and educator preparation pro- emergency certification or entered meeting. She noted the assessment of abilities can benefit from chal- grams. He discussed key agency roles teaching through alternative op- scores have been rising for both 4th lenging math courses, even after within Kentucky’s education system. tions since 2000-2001. He said the and 8th grade students nationally, considering family income and prior EPSB approves and accredits educa- programs lack rigorous mathematics and in Kentucky. However, there is achievements. She said the students tor preparation programs and certi- content knowledge requirements. concern that Kentucky’s 4th graders taking the most demanding math fies teachers. The CPE plays a role in Dr. Chilton discussed two rec- are lagging behind the nation in the courses score highest on the 12th data sharing, program approval, and ommendations from the report. last three assessment periods. grade NAEP assessment. She said na- resources. The KDE oversees school The EPSB and the KDE shall form a Ms. Landy discussed the ACT, tionally, students who take Algebra II and district accountability. Most re- joint task force to address the spe- PLAN, and EXPLORE college readi- are scoring at the 12th grade level on searchers agree that teacher quality cific needs and challenges of teach- ness measures. She said there is no NAEP, and only those students tak- is critical to student achievement. ing mathematics to special educa- national norm for universal testing ing calculus are receiving proficient However, few researchers can define tion students. This analysis should of 11th grade students, but ACT did scores. teacher quality in a way that is mea- include review of current literature provide a benchmark score that cor- Ms. Landy said more needs to surable. He said all Kentucky edu- and best practice on the instruction responds to a 50 percent chance of be done than just cleaning up course cator preparations programs are ac- of mathematics to special education earning a B in college algebra, or a 75 codes to ensure alignment. She said credited by the EPSB and 98 percent students, review of the mathematics percent chance of earning a C in col- there are few safeguards in place to of teachers are considered “highly course work requirements of special lege algebra. According to the CPE, ensure that Algebra I, geometry, or qualified” by the NCLB standards. He education teacher training programs two-thirds of Kentucky’s college ma- Algebra II, teach the same content said certified math teachers have all and master’s programs throughout

THE KENTUCKY GENERAL ASSEMBLY 73 Kentucky. Findings and recommen- analysis of P-12 achievement data; nomenal and do a great job. He said said this will potentially be used for dations shall be presented to EAARS and facilitates direct service to school teacher experience is important, but end-of-course assessments. He said by December 2010. He also said the districts by educational faculty mem- there are exceptions to the rule. the issues identified in the math- EPSB and KDE, in collaboration with bers. He said the recommendation Senator Winters asked for clari- ematics report will be taken before the Kentucky Committee for Mathe- is the EPSB shall develop a program fication on the median number of the Kentucky Board of Education for matics Achievement, shall study the evaluation methodology and time- twelve courses being taken by high policy action. alignment of mathematics content line for measuring the math con- school math teachers. Dr. Chilton Representative Moberly said he knowledge and pedagogy courses re- tent and pedagogical impacts of the said 12 courses is the median num- is very interested in the UofL study. quired by educator preparation and Teacher as Leader master’s program ber of math courses required for an He said the mathematics committee is master’s programs to determine if by December 2010. The methodol- education major who specializes in continuing to work because the final important mathematics content and ogy should include data that permits secondary education, or wants to product is not completed. He asked research-based teaching skills are detailed analysis at a content and become a high school math teacher. about Kentucky’s teacher prepara- provided sufficiently in mathemat- program level. Senator Winters said he would like tion programs and if teachers needed ics content and pedagogy courses, Dr. Chilton said there are many the number of classes for a high more pedagogical content knowledge including sufficient coverage of dif- variables that are measured in the school math teacher and a math ma- to teach mathematics. Dr. Chilton ferentiated instruction. The findings literature associated with teacher jor verified. He also asked what two said the Kentucky Teacher Internship should address concerns regarding quality. He said three indicators that programs were accredited by EPSB Program (KTIP) is an internship pro- the content and pedagogical prepara- are linked to compensation include that were not on the original list of gram designed to provide assistance tion of mathematics teachers at both teacher experience, educational at- 28 programs. Ms. Seiler said Boyce to new teachers. Its main goal is to the undergraduate and master’s lev- tainment or rank, and certification. College and St. Catharine’s College help new teachers experience a suc- el, offering recommendations to the He noted novice level teachers with have been recently accredited to cessful first year in the classroom. EPSB on how programs and program less than three years of experience make 30 accredited programs. Mr. Robert Brown, EPSB, felt the evaluations can be improved. The do not get the same levels of student Senator Kelly asked where the internship program would address findings and recommendations shall achievement as more experienced University of Louisville (UofL) re- most of Representative Moberly’s is- be reported to EAARS on or before teachers. After the initial learning search project report was published sues. Representative Moberly wants December 2010. curve of teacher experience is sur- that dealt with variance and the dif- the EPSB to be diligent in preparing Dr. Chilton said the EPSB uses mounted, the benefits of years of ference in priority of math concepts first year teachers to be successful in Praxis II as content knowledge and experience levels out. This is an im- being taught. Dr. Chilton said he the classroom. pedagogy exams and determines portant point in considering teacher could provide a copy of the report to Representative Belcher said pass scores. The tests are designed to compensation over time. He said Senator Kelly, but did not think it was teachers have the content knowledge demonstrate a “minimum” compe- research is mixed on teacher certifi- published. Senator Kelly asked why but have trouble conveying the infor- tency level. He said Senate Bill 1 will cation and student gains. He noted the report was not published and if mation to the students. She asked if require reevaluation of tests and pass that high performing schools tended the information has been made avail- there was any work being done to scores. Recommendations in this to have more nationally board certi- able and responded to by the EPSB help principals. Dr. Chilton said OEA area include the KDE shall annually fied teachers than lower performing or the CPE. Ms. Seiler said she would surveyed the principals and superin- review and report the results of the schools in Kentucky. The recom- speak to Dr. Bill Bush, UofL, and find tendents in high performing and low Minority Educator Recruitment and mendation is that the KDE or EPSB out the specifics on the report. Sena- performing schools and this informa- Retention (MERR) program that was should jointly develop a formula to tor Kelly asked what is happening tion will be shared in the third part created to develop minority educa- accurately determine teacher short- with the Committee for Mathemat- of the math study. Representative tors in the STEM disciplines. Reports age areas, long term trends, and the ics and if their final work product is Belcher said she hears a lot about should include participation by edu- hiring needs of the state with a focus ready for dissemination. Ms. Seiler teacher professional development, cator preparation program, the rates on ensuring that teacher availability said Dr. Bush said the Committee on but not many courses geared to- of program completion, employment and quality is equalized across the Mathematics was getting together to wards helping principals to evaluate by content area, and efforts of dis- state. determine next agenda items for the teachers or be an instructional lead- tricts to recruit minority educators. Dr. Chilton discussed future chal- 2010 school year. Dr. Kelly asked if er within the school. Dr. Troup said He said EPSB shall evaluate the stan- lenges and considerations. He said a their work was shaping policy any- there is a redesign of the principal dards measured by mathematics exit P-20 data system is needed to show where in Kentucky. Ms. Seiler said program currently taking place. She exams required for math certification the link between students to teach- she would talk to Dr. Bush and sug- said the Teacher Leader Master’s Pro- and ensure that the selected exit ers, and to link teachers to educator gested that EAARS may want to have gram will focus on assisting schools examinations and pass scores ad- preparation programs if Kentucky is him testify before the committee on and teachers in the school districts equately reflect the content knowl- every going to be to do a value-added current work of the Committee on so that principals can focus on being edge and pedagogy skills expected of assessment. The value-added assess- Mathematics. Dr. Marilyn Troupe, instructional leaders. Dr. Troup said all teachers. ment would be critical to any types Division Director, Division of Educa- EPSB had a taskforce to look at the Dr. Chilton said Kentucky re- of compensation changes, such as tor Preparation, EPSB, said the EPSB math requirements for elementary quires teachers to obtain a master’s differential pay for teachers. It would is using the information for strate- math teachers. She said it is not so degree within 10 years of initial also allow for a more comprehensive gic planning and for future design much about the content that teachers certification. Research has not sup- teacher evaluation system. He said of math assessment. Senator Kelly are learning but how they apply that ported the value of master’s degrees the final part of the report looks at said he is glad the EPSB is using the content knowledge in the classroom. in producing more effective teachers. working conditions and how those information, but he thought the in- Representative Belcher said educator The EPSB’s new Teacher as Leader are linked to teacher quality and formation was to be used for identi- preparation programs are wonderful, master’s program adds focus to the teacher retention. The final recom- fying proposed curricula that should but she would also like see current master’s degree. He said the program mendation, is the EPSB, in collabora- be uniform throughout the state. principals receive assistance. will be mandatory starting in Janu- tion with CPE and KDE in develop- Mr. Michael Miller, Division of Cur- With no further business be- ary of 2013. The program includes: ing the P-20 database, and should riculum Development, KDE, said the fore the committee, the meeting ad- collaboration with school districts require sufficient data be included in Committee for Mathematics is work- journed at 12:30 p.m. to design courses, professional de- the system that would permit value- ing with the group determining com- velopment, and job-embedded pro- added assessment of educator prepa- mon course standards and is having GOVERNMENT CONTRACT fessional experiences; collaboration ration programs that is more content discussion on common course codes REVIEW COMMITTEE with Arts and Sciences faculty to and program specific than the current and what the content shall be in the Committee Minutes meet academic and course needs; National Council for Accreditation of high school mathematics courses. November 10, 2009 establishes a process to individual- Teacher Education and state accredi- Currently, Dr. Bush is using some ize a program to meet the candidates tation requirements. funds from teacher academies to professional growth or improvement Representative Stevens said work on curricula content for Alge- plan; incorporates interpretation and some first year teachers are phe- bra I, Algebra II, and geometry. He

74 2009 Interim LEGISLATIVE RECORD The Government Contract Re- DEPARTMENT FOR MEDICAID POST SECONDARY EDUCA- District, 1000000696. view Committee met on Tuesday, SERVICES: TION, COUNCIL ON: OFFICE OF THE GOVERNOR, November 10, 2009, at 10:00 AM, Navigant Consulting Incorpo- Sturgill Turner Barker & Moloney, DEPARTMENT FOR LOCAL GOV- in Room 171 of the Capitol Annex. rated, 1000000426. PLLC, 0700003228. ERNMENT: Representative Dennis Horlander, DEPARTMENT FOR PUBLIC TRANSPORTATION CABINET: Letcher County Fiscal Court, Chair, called the meeting to order, HEALTH: Municipal Engineering Com- 1000000417; City of Williamstown, and the secretary called the roll. Kentucky Pharmacists Associa- pany, 0600001528; Burgess & 1000000474; City of Dawson Springs, Present were: tion, 1000000484. Niple Incorporated, 0700003514; 1000000529; Harlan County Fiscal Members: Senator Vernie Mc- EDUCATION, DEPARTMENT OF: Burgess & Niple Incorporated, Court, 1000000547; Grayson Coun- Gaha, Co-Chair; Representative Den- 22nd Century Technologies In- 0800010336; PB Americas Incor- ty Fiscal Court, 1000000587; City nis Horlander, Co-Chair; Senators corporated, 1000000330; Multi, porated, 0800010794; Florence of Lancaster, 1000000589; Hopkins Julian M. Carroll, Carroll Gibson, and 1000000551. & Hutcheson, 0900011420; Tetra County Fiscal Court, 1000000603; Elizabeth Tori; Representatives Jesse FINANCE AND ADMINISTRA- Tech Incorporated, 1000000706; Hopkins County Fiscal Court, Crenshaw and Brent Yonts. TION CABINET - DIVISION OF EN- J M Crawford & Associates, C- 1000000604; Letcher County Fiscal Guests: Charles Kendell, Mark GINEERING: 03026967-1; American Engineers Court, 1000000608; Pike County Sizemore, Major Russ Harney, Ser- M2D Design Group, PLLC, Incorporated, C-99004814-4; Fiscal Court, 1000000610; City of geant Harvey Baxter, Onda Bennett, 1000000475; Luckett and Far- DLZ Kentucky Incorporated, C- Jackson, 1000000689; Lewis Coun- Anne Chaney, Lynsey Womack, Pat ley Architects Engineers & Con- 99005073-12; Quest Engineering In- ty Fiscal Court, 1000000698; Lewis Wilson, Charlie Harman, and Dede struction Managers Incorporated, corporated, M-02417462-4. County Fiscal Court, 1000000699; Conner. 1000000498. UNIVERSITY OF KENTUCKY: City of Barlow, 1000000700; Powell LRC Staff: Kim Eisner, Matt KENTUCKY COMMUNITY & Sue Strong, PhD, K09138. County Fiscal Court, 1000000702; Ross, and Becky Brooker. TECHNICAL COLLEGE SYSTEM: Madison County Fiscal Court, A motion was made by Sena- The Community College Re- THE FOLLOWING MEMORAN- 1000000705; Pendleton County tor Carroll to approve Minutes of the search Center, KCTPS426. DA OF AGREEMENTS WERE RE- Fiscal Court, 1000000711; Federa- October meeting of the committee. KENTUCKY HOUSING CORPO- VIEWED WITHOUT OBJECTION: tion of Appalachian Housing Enter- Senator Tori seconded the motion, RATION: ADMINISTRATIVE OFFICE OF prises, 1000000714; Martin County which passed without objection. National Field Representatives THE COURTS: Fiscal Court, 1000000724; Martin A motion was made by Senator Incorporated, 201018. University of Kentucky Research County Fiscal Court, 1000000726; McGaha to consider as reviewed, the LEGISLATIVE RESEARCH COM- Foundation, 1000000797. Pennyrile Housing Corporation, Personal Service Contract List, with MISSION: CORRECTIONS, DEPARTMENT 1000000734; Knox County Fis- exception of those items selected Dr. Robert L. Linn, 091004; Jef- OF: cal Court, 1000000743; McCreary for further review by members of the frey Nellhaus, 091005; Ron Ham- Fulton County Jail, 1000000695; County Fiscal Court, 1000000750; committee. Representative Yonts bleton, 091006; Pat Roschewski, Council on Postsecondary Education, Lexington-Fayette Urban County seconded the motion, which passed 091007; Daniel Koretz, 091008; 1000000733. Government, 1000000752. without objection. Doris Redfield, 091009. DEPARTMENT FOR NATURAL THE FOLLOWING MEMORAN- A motion was made by Senator MURRAY STATE UNIVERSITY: RESOURCES: DA OF AGREEMENT AMENDMENTS McGaha to consider as reviewed, the Hazard, Young, Attea & Associ- Multi, 1000000539. WERE REVIEWED WITHOUT OBJEC- Personal Service Contract Amend- ates Limited, 01510. DEPARTMENT OF ENERGY DE- TION: ment List, with exception of those UNIVERSITY OF KENTUCKY: VELOPMENT AND INDEPENDENCE: ADMINISTRATIVE OFFICE OF items selected for further review by Eduventures Incorporated, National Energy Education De- THE COURTS: members of the committee. Repre- K10128. velop Project, 1000000141; Gov- Bluegrass Prevention Cen- sentative Yonts seconded the motion, VETERANS AFFAIRS, DEPART- ernor’s Office of Agricultural Policy, ter Mental Retardation Board, which passed without objection. MENT OF: 1000000146; Finance & Admin- 0900012773; Communicare Incor- A motion was made by Senator Multi, 1000000348. istration Cabinet, 1000000150; porated Adult, 0900012788; Cum- McGaha to consider as reviewed, the THE FOLLOWING PERSONAL Kentucky Environmental Education, berland River Mental Health Mental Memoranda of Agreement List, with SERVICE AMENDMENTS WERE RE- 1000000153; Kentucky Department Retardation Board Incorporated, exception of those items selected for VIEWED WITHOUT OBJECTION: for Housing Building and Construc- 0900012791; Mountain Compre- further review by members of the CORRECTIONS, DEPARTMENT tion, 1000000600; Kentucky De- hensive Care Center, 0900012793; committee. Representative Yonts OF: partment for Housing, Building and Kentucky River Community Care In- seconded the motion, which passed Chrysalis House Incorporated, Construction, 1000000602. corporated, 0900012968. without objection. 0900012442. DEPARTMENT OF REVENUE: AGRICULTURE, DEPARTMENT A motion was made by Senator DEPARTMENT FOR PUBLIC Multistate Tax Commission, OF: McGaha to consider as reviewed, the HEALTH: 1000000615. Multi, 0900011602; Multi, Memoranda of Agreement Amend- Heartland Cares Incorporat- EDUCATION, DEPARTMENT OF: 0900011722. ment List, with exception of those ed, 0800006801; Volunteers of Marion County Board of Educa- DEPARTMENT FOR AGING & items selected for further review by America of Kentucky Incorporated, tion, 0900012276; Trimble County INDEPENDENT LIVING: members of the committee. Repre- 0800006803. Board of Education, 0900012309; Bluegrass Area Development sentative Yonts seconded the motion, EASTERN KENTUCKY UNIVER- Johnson County Board of Education, District Title III, 0900011879; Big which passed without objection. SITY: 1000000459; Martin County Board Sandy Area Development District, THE FOLLOWING PERSONAL BioMedical Research Services, of Education, 1000000461. 0900011882; Barren River Area De- SERVICE CONTRACTS WERE RE- 10038. INFRASTRUCTURE AUTHOR- velopment District, 0900011884; VIEWED WITHOUT OBJECTION: FINANCE AND ADMINISTRA- ITY: Green River Area Development Dis- ADMINISTRATIVE OFFICE OF TION CABINET - DIVISION OF EN- City of Sebree, 1000000757. trict, 0900011888; Kentuckiana THE COURTS: GINEERING: MILITARY AFFAIRS, DEPART- Reg Planning, 0900011889; Lake McBrayer McGinnis Leslie and Ross Tarrant Architects Incor- MENT OF: Cumberland Area Develop District, Kirkland, 1000000801. porated, 0700003254; Roger Cun- Hopkinsville Surface & Storm 0900011891; Lincoln Trail Area De- CORRECTIONS, DEPARTMENT ningham - Cunningham Consultants, Utility, 1000000056; Hopkins- velopment District, 0900011892; OF: 0900013104. ville Surface & Storm Utility, Pennyrile Area Development District, Spalding University, JUSTICE CABINET: 1000000072; Multi, 1000000349; 0900011894. 1000000680. Donald L. Jones, 0900012739. City of Greensburg, 1000000397; DEPARTMENT FOR COMMU- DEPARTMENT FOR ENVIRON- NORTHERN KENTUCKY UNI- Multi, 1000000487. NITY BASED SERVICES: MENTAL PROTECTION: VERSITY: OFFICE OF HOMELAND SECU- Gateway Community Ser- Bluegrass Pride Incorporated, Stepping Stone Holdings, LLC, RITY: vices Organization, Incorporated, 1000000537. 2010531. Bluegrass Area Development 0900012133.

THE KENTUCKY GENERAL ASSEMBLY 75 DEPARTMENT FOR MENTAL Pike County Fiscal Court, THE FOLLOWING MEMORAN- passed unanimously. HEALTH, DEVELOPMENTAL DIS- 0800007269; Pike County Fiscal DUM OF AGREEMENT WAS SELECT- EXEMPTION REQUESTS ABILITIES & ADDICTION SERVICES: Court, 0800007270; Pike County ED FOR FURTHER REVIEW: OFFICE OF HOMELAND SECU- Four Rivers Behavioral Health, Fiscal Court, 0800007274; City of OFFICE OF THE GOVERNOR, RITY: 0900012110; Pennyroyal Men- Glencoe, 0800007950; Leslie Coun- DEPARTMENT FOR LOCAL GOV- The Office of Homeland Security tal Health, 0900012111; Green ty Fiscal Court, 0800010044; Leslie ERNMENT requested exemption from commit- River Regional Mental Health County Fiscal Court, 0800010046; Housing Authority of Bowling tee review for all agreements issued Mental Retardation Board, Floyd County Fiscal Court, Green, 1000000590; Reach Incor- as instruments of obligation for funds 0900012112; Lifeskills Incorpo- 0800010853; Floyd County Fiscal porated, 1000000713; City of Rich- under State and Federal Homeland rated, 0900012113; Communicare Court, 0800010910; Floyd County mond, 1000000716. Anne Chaney Security Grant Programs. A motion Incorporated, 0900012114; Seven Fiscal Court, 0800011003; Leslie and Lynsey Womack discussed the was made by Representative Yonts to Counties Services, 0900012115; County Fiscal Court, 0800011048; contracts with the committee. A approve the request to December 31, Northern Kentucky Regional Mental Leslie County Fiscal Court, motion was made by Representative 2010. Senator McGaha seconded the Health Mental Retardation Board, 0800011052; Leslie County Fiscal Crenshaw to consider the contracts motion, which passed unanimously. 0900012116; Comprehend Incorpo- Court, 0800011076; Rockcastle as reviewed. Representative Yonts THE COMMERCIAL MOBILE RA- rated, 0900012117; Pathways In- County Fiscal Court, 0800011148; seconded the motion, which passed DIO SERVICE EMERGENCY TELECOM- corporated, 0900012118; Mountain Rockcastle County Fiscal Court, unanimously. MUNICATIONS BOARD (CMRS): Comp Care Center, 0900012119; 0800011149; Clay County Fiscal THE FOLLOWING MEMORAN- The Commercial Mobile Radio Kentucky River Community Care, Court, 0800011161; Rockcastle DA OF AGREEMENTS AMENDMENTS Service Emergency Telecommunica- 0900012120; Cumberland River County Fiscal Court, 0800011246; WERE SELECTED FOR FURTHER RE- tions Board (CMRS) requested ex- Mental Health Mental Retardation Rockcastle County Fiscal Court, VIEW: emption from committee review for Board Incorporated, 0900012121; 0800011295; Elliott County Fiscal DEPARTMENT FOR COMMU- all Purchase Orders (Master Agree- Lake Cumberland Mental Health Men- Court, 0900011524; Leslie Coun- NITY BASED SERVICES ments) issued as instruments of obli- tal Retardation Board, 0900012122; ty Fiscal Court, 0900011529; Pike Bluegrass Regional Men- gation for grant funds awarded by the Bluegrass Regional Mental Health County Fiscal Court, 0900011588; tal Health Mental Retardation, CMRS Board. A motion was made Mental Retardation, 0900012123. Pike County Fiscal Court, 0900012175; Communicare Incor- by Representative Yonts to approve EDUCATION, DEPARTMENT OF: 0900011589; Logan County Fiscal porated, 0900012178; Comprehend the request to December 31, 2010. Treasurer Barbourville In- Court, 0900012777; Garrard Coun- Incorporated, 0900012179; Cum- Senator Tori seconded the motion, dependent Board of Education, ty Fiscal Court, M-06105909-1; City berland River Mental Health Men- which passed unanimously. 0800007940; Treasurer Camp- of Dixon, M-06162409; Hickman tal Retardation Board Incorporated, DEPARTMENT FOR PUBLIC AD- bellsville Independent Board of County Fiscal Court, M-06237579. 0900012180; Four Rivers Behavioral VOCACY: Education, 0800007948; Corbin TRANSPORTATION CABINET: Health, 0900012188; Kentucky Riv- The Department for Public Ad- Independent Board of Education, Barren River District Health De- er Community Care, 0900012189; vocacy requested exemption from 0800007963; Fairview Independent partment, 1000000429. Lifeskills Incorporated, 0900012191; committee review for all personal Board of Education, 0800008314; THE FOLLOWING PERSONAL Northern Kentucky Regional Mental service contracts with private at- Lawrence County Board of Educa- SERVICE CONTRACTS WERE SE- Health Mental Retardation Board, torneys for the representation of in- tion, 0800008321; Lewis County LECTED FOR FURTHER REVIEW: 0900012194; Pathways Incorporat- digent defendants. Representative Board of Education, 0800008323; DEPARTMENT FOR PUBLIC ed, 0900012200; Pennyroyal Mental Yonts moved that the Department Monticello Independent Board of HEALTH Health, 0900012206; Seven Coun- for Public Advocacy be exempt from Education, 0800008334; Shel- Kentucky Hospital Associates, ties Services, 0900012213; Green monthly committee review pursuant by County Board of Education, 1000000519. Charles Kendell and River Regional Mental Health Mental to KRS 45A.690(1)(d)(11). In lieu of 0900011736; Shelby County Board Mark Sizemore discussed the con- Retardation Board, 0900012971. Pat monthly reporting, Representative of Education, 0900011743; Owens- tract with the committee. A motion Wilson discussed the contracts with Yonts’ motion required the Depart- boro Independent Board of Educa- was made by Representative Yonts to the committee. A motion was made ment for Public Advocacy to report tion, 0900011759; Shelby County consider the contract as reviewed. by Senator Carroll to consider the the above described personal service Board of Education, 0900012080; Representative Crenshaw seconded contracts as reviewed. Represen- contracts to the committee (with a Shelby County Board of Education, the motion, which passed unani- tative Yonts seconded the motion, copy to the Finance & Administra- 0900012081; Jefferson County Met- mously. which passed with Senator Gibson tive Cabinet) on a quarterly basis. ro Government - Department of Pub- and Representative Crenshaw elect- Senator Carroll seconded the motion, lic Health/Wellness, 1000000016; STATE POLICE, DEPARTMENT ing to abstain. which passed unanimously. Shelby County Board of Education, OF WORKFORCE INVESTMENT, With no further business be- 1000000165. Law Enforcement Services, Mike OFFICE OF fore the committee, the meeting ad- INFRASTRUCTURE AUTHOR- Cuttler, 1000000723. Major Russ Barren River Area Develop- journed at 11:04 AM. ITY: Harney and Sergeant Harvey Bax- ment District, 0800008066; Blue- Mountain Water District, ter discussed the contract with the grass Area Development District, MEDICAID OVERSIGHT AND 0900011387. committee. A motion was made by 0800008173; Lake Cumberland Area ADVISORY COMMITTEE MILITARY AFFAIRS, DEPART- Representative Yonts to consider the Development District, 0800008176; August 24, 2009 MENT OF: contract as reviewed. Senator Carroll Eastern Kentucky CEP Incorporated, The Medicaid Oversight and Multi, 0800007930; City of seconded the motion, which passed 0800008180; Green River Area De- Advisory Committee meeting was Bradfordsville, 0800011164. unanimously. velopment District, 0800008181; held on Monday, August 24, 2009, OFFICE OF THE GOVERNOR, Lincoln Trail Area Development at 10:00 a.m., in Room 131 of the DEPARTMENT FOR LOCAL GOV- THE FOLLOWING PERSONAL District, 0800008182; Louisville Capitol Annex. Representative Jim- ERNMENT: SERVICE CONTRACTS FOR $10,000 Metro Government, 0800008186; mie Lee, Chair, called the meeting to Garrard County Fiscal Court, AND UNDER WERE SELECTED FOR Pennyrile Area Development Dis- order, and the secretary called the 0700004300; City of Elkton, FURTHER REVIEW: trict, 0800008188; Northern Ken- roll. 0700004476; City of Whites- EASTERN KENTUCKY UNIVER- tucky Area Development District, Present were: burg, 0700004517; City of Eu- SITY 0800009145; Buffalo Trace Area Members: Representative Jim- bank, 0700005384; City of Olive Peggy Maki, 10054. Onda Ben- Development District, 0800009148. mie Lee, Co-Chair; Senators Walter Hill, 0700006148; Perry County nett discussed the contract with the Charlie Harman and Dede Conner Blevins Jr., Dan “Malano” Seum, and Fiscal Court, 0700006178; City of committee. A motion was made discussed the contracts with the Katie Kratz Stine; Representative Joni Florence, 0700006208; Lawrence by Senator Carroll to consider the committee. A motion was made by L. Jenkins. County Fiscal Court, 0700006279; contract as reviewed. Senator Tori Senator McGaha to consider the con- Guests: Bill Doll for the Ken- City of Bradfordsville, 0700006365; seconded the motion, which passed tracts as reviewed. Representative tucky Medical Association; and Jan City of Bardstown, 0700006586; unanimously. Yonts seconded the motion, which Gould for the Kentucky Retail Fed-

76 2009 Interim LEGISLATIVE RECORD eration. with shortfalls in other areas. where the $383 million in extra dol- additional children. As of November LRC Staff: Miriam Fordham, Jon- Representative Lee asked what lars went. Mr. Wise said that GOPM 1, 2008 there were 377,095 children athan Scott, and Cindy Smith. percentage of growth was taken into would have to testify as to where it enrolled. As of July 31, 2009, there The first item on the agenda the calculations based on growth in went, but that was the funding that were 399,307 children enrolled. was a presentation on the impact expenditures and the bad economy, Medicaid was able to free up to be Representative Lee asked if there of Kentucky stimulus funds on the how it was projected for the next used in some other place. has been some change in KCHIP be- Medicaid program by Betsy Johnson, fiscal year, and if that is included in Senator Seum asked if the $232 cause the family income has dropped Commissioner, Department for Med- what the estimate is of needed gen- million deficit was calculated with for some children who were previ- icaid Services, Cabinet for Health and eral fund dollars. Mr. Wise said that the 70/30 formula, or was calculat- ously eligible under KCHIP to the Family Services and Neville Wise, Di- is included. He said originally they ed with the 80/20 formula because point that the kids became Medicaid rector, Administration and Financial had budgeted for 1,000 new eligibles of the unemployment rate. He said eligible and not KCHIP eligible. He Management, Cabinet for Health and per month. He is assuming there that including the federal share and asked if that is why a greater number Family Services. Commissioner John- will be around 3,000 new eligibles using the 20 percent rule, there is of KCHIP kids have not been seen. son said that Medicaid is the primary per month in the coming fiscal year, really only a deficit of $47 million. Commissioner Johnson said they are payer source for health care in Ken- and they used the latest growth rate Commissioner Johnson said that is doing outreach and education and tucky and Medicaid covers nearly half in expenditures that they had seen correct. Representative Lee said that getting children into the KCHIP pro- of all births in the Commonwealth through last year to go forward into technically there is no deficit because gram, but in the mean time while the per year. Medicaid provides health fiscal year 2010. it was wiped out when the growth economy is in a downturn, some chil- coverage to 1 out of every 3 children, Representative Lee asked what was figured. He said his concern is dren are going directly to the Medic- and 1 out of every 7 seniors over age plans have been made if the Cabi- that, if there is a change in July 2010, aid program. Some KCHIP children 65. Medicaid provides coverage to net’s projections are incorrect. Com- the adjustment will put Medicaid are moving to Medicaid due to a drop approximately 772,000 enrollees, missioner Johnson said it is a pro- back into a deficit and will take away in family income. representing about 20 percent of the jection, and the Cabinet is charged the matching dollars since they were Representative Lee asked how Commonwealth’s total population. with running Medicaid as efficiently taken from the Cabinet and brought much of the $30 million that was The budget for the Department for as possible. They continue to work to the bottom line. obligated for the increase in KCHIP Medicaid Services (DMS) is $5.54 bil- on cost containment strategies that Representative Jenkins asked if kids has been used. Mr. Wise said lion (actual expenditures) for FY 09 they have been working on for the the rules are still the same when Ken- in KCHIP it is a lot less than that be- and is projected to be $5.7 billion for past year. In the end, possible cuts tucky came under the new guidelines cause kids are coming in to Medicaid FY 10. She said DMS only spends 2 will have to be looked at for reim- from the federal government. Com- and KCHIP. They can move fund- percent on the administration of the bursement. Under ARRA, eligibil- missioner Johnson said reimburse- ing between the two funds to cover program and 98 percent goes to pay ity categories cannot be cut in order ment to providers has not been cut. wherever the kids qualify. for benefits for enrollees. There has to maintain the increased funding Representative Jenkins asked Representative Lee asked if on- been a steady increase in eligibles through 2010. when provider reimbursement had line registration is available for KCHIP. over the last year. There was a deficit Representative Lee said he has a been increased. Commissioner John- Commissioner Johnson said there is of $232 million in FY 09, which was real worry because if the unemploy- son said dental and physician reim- an application online, but it cannot an increase from $183 million. ment rate goes below the 10 per- bursement has been increased in the be submitted online. The applica- Next, Commissioner Johnson cent, the adjustment would be made last few years. tion can be printed out and mailed spoke about the American Recov- in July. The stimulus dollars can Representative Jenkins asked if in, but the face to face contact has ery and Reinvestment Act (ARRA) be taken away because, if the rate there are enough providers to take been eliminated. of 2009, which was signed into law drops, an adjustment will be made care of all the new enrollees. Com- Representative Burch asked if by President Obama on February in the match rate. He worries that missioner Johnson answered that the initiative to increase KCHIP en- 17, 2009. The impact of ARRA on the excess dollars were given away she is always concerned that some rollment last year helped with enroll- Kentucky Medicaid was that the Fed- and not put back for later. Commis- counties are not covered as well as ment numbers. Commissioner John- eral Medical Assistance Percentage sioner Johnson said when the Legis- they should be. son said since November of 2008, (FMAP) increased, and the increase lature adopted the plan, there was Next, Commissioner Johnson they have enrolled 22,212 new chil- offered a temporary fix to the $232 very clear direction that Medicaid reported on the estimated additional dren. million deficit for FY 09, with no pro- could not add to their base. So they federal funding under ARRA. She Senator Seum asked if the 80/20 jected deficit for 2010. She said that are not growing the program at this said that in SFY 2009, there is $303.4 formula kicks in about 10 percent un- the FMAP rates are set annually pur- time, only maintaining within the million, and in SFY 2010, there is a employment. Mr. Wise said as long suant to Section 1905(b) of the So- resources they currently have. The projected addition of $486.9 mil- as Kentucky is above 8.9 percent, cial Security Act. She reported that year 2011 is still an unknown be- lion. She reported that the fund- Kentucky is at the highest possible in FY 2008, states’ FMAP rates ranged cause there is no way to know what ing in 2011 is contingent upon the match rate. from 50.0 percent to 76.29 percent the unemployment rate will be. unemployment rate at that time. Senator Blevins asked what the and in FY 2009, states’ FMAP rates Representative Lee asked if the Commissioner Johnson said that the total budget for Medicaid is. Mr. ranged from 50.0 percent to 75.84 growth rate is 9 percent. Mr. Wise states’ requirements to receive feder- Wise said it is $5.769 billion. percent. Kentucky’s normal base rate said it is between 6 to 7 percent, plus al Medicaid stimulus funds are that: Senator Blevins asked what the is 70.13 percent. eligible growth. eligibility standards are no more re- percentage of providers in Kentucky Next, Neville Wise reported on Senator Stine asked if the growth strictive than those effective July 1, is that do not take Medicaid. Com- the effect of the enhanced FMAP on rate is connected to the unemploy- 2008; funding from increased match missioner Johnson said those num- the general fund. He said that the ment rate. Mr. Wise said the federal rate is not for deposit in the reserve bers are kept by county. There are at Cabinet finished a revised Medicaid share of funding they receive is con- or the rainy day fund; the percent- least five counties with no Medicaid forecast in May in collaboration with nected to the unemployment rate, age of required state matching funds enrolled dentists. All that informa- the Governor’s Office. They looked and it can be adjusted next July. is limited to the rate prior to October tion is tracked for access issues. at the general funds and restricted Senator Stine said if the unem- 1, 2008; certain expenditures are not Senator Blevins commended the funds that were available and added ployment rate goes down, then less eligible for increased funding; and Cabinet on the small administra- an additional $14 million to that people will be using the program. payments to practitioners, nursing tive costs for the Medicaid program. due to the fact that Medicaid was Commissioner Johnson said that is facilities and hospitals must meet Commissioner Johnson said Ken- losing about $14 million in revenue true. Representative Lee pointed out prompt pay requirements. tucky has one of the lowest admin- from other state agencies. There that even if the unemployment rate Next, Commissioner Johnson istrative costs in the nation. were also some new administrative decreases, people will still be eligible spoke about the KCHIP enrollment Representative Lee asked about costs to take care of, which left them for a certain amount of time until initiative. She said that from No- the excellence programs and what with the new match rate. These fig- they are reassessed based on the in- vember 1, 2008, through July 31, the plans are for the future to im- ures showed that they could free up come they have. 2009, the initiative has resulted in prove the programs. Commissioner about $383 million that could help Representative Burch asked the successful enrollment of 22,212 Johnson said new programs are im-

THE KENTUCKY GENERAL ASSEMBLY 77 plemented to improve the health sta- to methods used by other states to drug and mental health courts. even though the inmates receive tus of those enrolled in Medicaid and offset the cost of incarceration and She noted that although Ken- credit for time served in jail when to save the programs money. These make prisons more self-sustaining. tucky’s incarceration cost is high, at sentenced for a felony offense. Rec- are sometimes a long term invest- She said the report focused on the 2.4 percent of state spending in FY ommendation 2.1 is that the General ment. Mr. Wise said it usually is just direct cost to the state of incarcerat- 2007, it was lower than the national Assembly may wish to consider ap- a percent reduction in what has his- ing adult inmates in its custody and average and lower than all but one propriating funds for the Department torically been spent for that popula- that balancing financial cost against of nine states with comparable num- of Corrections to pay counties a per tion. other factors is a policy decision to bers of inmates. diem for incarcerating persons who Representative Lee asked how be made by the General Assembly. She said that federal and state serve time in local jails before being many people have been approved She said the Kentucky Depart- constitutions, laws, and court rul- convicted of a felony offense. for the Michelle P. waiver, and how ment of Corrections houses state in- ings require the department to pro- She said that the state’s require- many are receiving supports. Com- mates in 13 state prisons (54 percent vide inmates a safe and sanitary ments for inmate work are inconsis- missioner Johnson said she didn’t of state inmates, fiscal year 2009 environment, physical and mental tent. The Kentucky Constitution re- have those numbers with her. But, cost of $245.9 million), 3 contracted health care, recreation, and access quires inmates to work in the prison they are working closely with Pro- prisons (5.5 percent, $20.6 million), to religious services and a law library and allows them to work outside tection and Advocacy and have sent 76 local jails (34.1 percent), and 20 or free legal assistance. Compliance the prison on public works projects. letters to the people on the waiting contracted halfway houses (6.1 per- is monitored for the state and con- KRS 197.070(1) requires the depart- lists, and they feel good about the cent). Over the past 10 years, the tracted prisons by auditors from the ment to provide employment for all program at this time. state inmate population increased by American Correctional Association. inmates in prisons and to “exhaust Representative Lee asked when almost 42 percent, the population on Monitors from the Department of every resource at its command” to the Cabinet would be sending their probation or parole doubled, and the Corrections ensure compliance by provide employment for all inmates, budget request to LRC. Mr. Wise said cost to the department increased by jails that house state inmates. which would include state inmates that request is sent to GOPM around more than 53 percent to $451 mil- She said the department’s cost housed in local jails. KRS 196.110(2) November 15, 2009, and a copy will lion. The large inmate population is of medical care for inmates in pris- requires the department to encourage be sent to LRC at that time. due in part to an increasing number ons was $51.4 million in FY 2009. the employment of inmates in ways The meeting was adjourned at of offenses defined as felonies, lon- Costs are likely to increase as the that will contribute to their physical, 11:01 a.m. ger sentences for persons defined as inmate population ages. Nationally, mental, and moral improvement and persistent felony offenders, and a 42 more persons with mental illness are to meeting the cost of their mainte- PROGRAM REVIEW AND percent recidivism rate. housed in correctional facilities than nance. A 1981 judicial consent de- INVESTIGATIONS She stated that national studies in mental hospitals and other institu- cree resulting from inmate lawsuits COMMITTEE have shown that the financial cost of tions. In FY 2009, the department’s states that an inmate may elect not Minutes incarcerating nonviolent offenders is cost of mental health treatment was to work. The department’s position November 12, 2009 greater than the cost of alternatives. $10.7 million. is that it cannot require inmates to The Program Review and Investi- As of June 30, 2009, the state had Ms. Upton stated that the three work and there are not enough jobs gations Committee met on Thursday, 9,430 inmates—46 percent of all in- contracted prisons are operated un- to employ all inmates. About two- November 12, 2009, at 10:00 AM, mates—who had been convicted of der contract with Corrections Cor- thirds of inmates in state prisons in Room 131 of the Capitol Annex. nonviolent property and drug offens- poration of America. The cost to have work or other program assign- Senator John Schickel, Chair, called es, some as persistent felony offend- the department is the negotiated ments, such as basic education or the meeting to order, and the secre- ers. The estimated cost for FY 2009 rate per day, some costs of inmate vocational training; about one-third tary called the roll. to incarcerate them was $136.2 mil- medical care paid by the department, have no assignment. Present were: lion. It is unknown how many of and contract monitoring costs. KRS Ms. Upton stated that KRS Members: Senator John Schick- them would be candidates for com- Chapter 197 requires contracted pris- 197.150 requires the department to el, Co-Chair; Senators Dan “Malano” munity supervision. To illustrate the ons to provide a level and quality of pay inmates or their dependents for Seum, and Katie Kratz Stine; Repre- upper limit of potential savings of programs at least equal to those pro- each day worked outside the prison. sentatives Dwight D. Butler, Leslie an alternative to incarceration, if all vided by state-operated prisons that The statute implies that inmate earn- Combs, Ruth Ann Palumbo, Arnold 9,430 could have been supervised house similar numbers of inmates ings from outside work assignments Simpson, and Ken Upchurch. in the community by probation and and at a cost that provides the state should be used for family support, Guests: Commissioner LaDonna parole officers, a conservative es- with savings of at least 10 percent of but no statute or department policy H. Thompson; Rodney Ballard, Direc- timate is that the cost would have the cost of housing inmates in simi- requires the department to with- tor, Division of Local Facilities; Ken- been $14.5 million for the year, more lar prisons and providing similar pro- hold money from inmate earnings tucky Department of Corrections. than $121 million less than their in- grams to those types of inmates in for family support. KRS 197.047(5) Victor Morris, Northpoint Training carceration cost. Recommendation state prisons. The statute has been requires the department to specify Center. Sally Sugg, Associate Com- 1.1 is that the General Assembly difficult to implement because state the amount of compensation an in- missioner; Connie Lester, Director, may wish to consider reducing the and contracted prisons and the in- mate will earn for a governmental Division of Scholastic Assistance; penalties for nonviolent offenses and mates they house are not similar. services program, which, by defini- Kentucky Department of Education. amending KRS 532.080 to apply the She explained that funding of tion, is performed outside the prison. LRC Staff: Greg Hager, Commit- persistent felony offender sentences local jail operations is shared be- No statute requires that inmates be tee Staff Administrator; Rick Gray- only to persons convicted of violent tween counties and the state. Stat- paid for work or educational assign- carek; Christopher Hall; Colleen Ken- offenses. ute requires the department to pay ments inside correctional facilities. nedy; Lora Littleton; Jean Ann Myatt; Ms. Upton said that the U.S. each county a monthly allotment The department pays inmates who Sarah Spaulding; Katherine Thomas; Department of Justice has estimated for operating expenses, regardless work inside correctional facilities and Cindy Upton; Stella Mountain, Com- that 61 percent of inmates in state of whether the jail houses state in- those who participate in program as- mittee Assistant. prisons and 44 percent of inmates in mates or is closed. She said the state signments. In FY 2009, inmates in Senator Schickel said today was local jails have a mental health prob- is required to pay the county a per state prisons, local jails, and halfway the deadline to submit new study lem. About 75 percent of these in- diem for each state inmate after the houses were paid about $2.5 million topics. mates also met criteria for substance person is sentenced. In FY 2009, the for all assignments not associated Cindy Upton presented the re- dependence or abuse. National re- department paid $13.3 million in al- with Kentucky Correctional Indus- port Cost of Incarcerating Adult search shows that participants in lotments and $94.5 million in per di- tries. Recommendation 3.1 is if it is Felons. She said the objectives of drug and mental health courts have ems to the counties. the intent of the General Assembly the study were to 1) describe the lower recidivism rates than persons She said county officials have that inmates be paid for working or Kentucky correctional system and who receive treatment as usual. Rec- expressed concern that the housing participating in program assignments its funding and expenditures and ommendation 1.2 is that the General of inmates before they are sentenced inside correctional facilities, the Gen- compare it to other states; and 2) Assembly may wish to consider pro- or plead guilty to a felony offense is eral Assembly may wish to consider compare methods used by Kentucky viding funding to expand the use of funded exclusively by the counties, specifying in statute whether, to

78 2009 Interim LEGISLATIVE RECORD what extent, and for what purpose develop meaningful employment op- tional policy for recreation. He asked dation 3.1 and 3.2, Commissioner deductions should be made from in- portunities for inmates by partnering what a national correction policy in- Thompson noted that wages for in- mate earnings. with private industries that need la- volves. mates are already low enough that She noted that all 50 states oper- bor. Among the requirements to be Ms. Upton replied that was an deductions would reduce the incen- ate correctional industries, and most certified are legislative approval, pay- unfortunate choice of phrasing. tive to work. Payments are tied to job states compensate inmates for work- ment of prevailing wages to inmates, Senator Schickel said it is an un- performance and completing educa- ing in industries. Kentucky inmates and a guarantee that inmate employ- fortunate choice of phrasing but a tion and inmates spend their wag- earned more than $802,000 from ment will not displace private-sector common one. The court cases in the es at the canteen, which provides working in correctional industries in workers. Kentucky is one of 13 states report were not from the 6th circuit. money which the department uses FY 2009. Nationally, about $7 million not certified. Of the 37 states that are There is no national correctional pol- for services to inmates. She said the was deducted from inmate earnings certified, 28 reported that inmates icy and it is left up to the states. He department received a federal Second in correctional industries in FY 2008. earned $40.3 million in gross wages asked if there is any incentive to get Chance Act grant to provide reen- Recommendation 3.2 is that if it is in calendar year 2008, of which more inmates to work. try assistance to inmates being re- the intent of the General Assembly than $15.5 million was deducted to Ms. Upton said the commis- leased. She noted that wages would that inmates working in Kentucky offset the incarceration cost, pay res- sioner could better answer that be higher under the Prison Industry Correctional Industries be paid, the titution, provide support to inmates’ question. Enhancement Certification Program, General Assembly may wish to con- families, and pay taxes. Recommen- Senator Stine asked if there are which is covered in Recommendation sider specifying in statute whether, dation 3.4 is the General Assembly estimates of reduction of costs for 3.4. She said that under the rules for to what extent, and for what purpose may wish to consider authorizing the other public assistance programs if the program, offenders would pay deductions should be made from in- Department of Corrections to partic- money was deducted from inmates’ state and federal taxes and restitu- mate earnings. ipate in the federal Prison Industry pay for family support. tion to victims’ families. She agreed She said that Kentucky’s cor- Enhancement Certification Program. Ms. Upton said specifics are un- with Recommendations 3.3 and 3.5. rectional industries are not keeping She stated that state inmates known but there would be savings. In regard to Recommendation 4.1, pace with those in other states. The can earn credits on their sentences Senator Stine asked if there are she said the department has been us- requirement to be self-supporting for good conduct, educational ac- any constitutional prohibitions on ing the Performance Based Measures can hinder expansion into new in- complishment, meritorious service, requiring deductions. System developed by the American dustries that are profitable in other and work on governmental services Ms. Upton said no. Association of State Correctional states because no start-up funding projects. KRS 197.045(1) requires Senator Seum asked how many Administrators. is available from the state. Among the department to provide an edu- inmates in the system are persistent Senator Seum asked about pris- 10 states with similar numbers of cational credit of 60 days to an in- felons. on industries contracting with out- inmates, Kentucky’s net sales from mate who receives a GED, a 2-year Ms. Upton said she did not side companies. correctional industries in FY 2008 or 4-year college degree, a 2-year or know. Commissioner Thompson said were the second lowest at $12.1 mil- 4-year certification in applied scienc- Senator Seum asked about the that the state prisons are not able to lion (the national average was $34.9 es, or a technical education diploma. time frame for a felon to be defined contract outside. million), and Kentucky was the only A bill in the 2009 regular session as a persistent felony offender. Senator Seum asked if prisons state among the 10 to report a de- would have expanded the educa- Ms. Upton said it is a felony for in other states contract with outside crease in net sales from correctional tional sentence credit to treatment which the person was incarcerated companies and why Kentucky state industries over the last decade. One programs. Recommendation 3.5 is within the past 5 years. prisons do not. reason for the decline in sales could the General Assembly may wish to Representative Palumbo asked Commissioner Thompson said be that state agencies purchase items consider amending KRS 197.045(1) how catastrophic medical costs are prisons in other states do contract from private vendors or other state to award sentence credits to inmates defined. with outside companies. Doing so in agencies that are available from Ken- who successfully complete substance Ms. Upton said anything more Kentucky would require a statutory tucky Correctional Industries. One abuse programs or other treatment than $2,000 per inmate, as long as change. possible new industry could be cre- programs that require participation the treatment is necessary. Representative Palumbo asked ated if prison canteens were operated of 6 months or more. Representative Palumbo noted about assault at contracted prisons. by Kentucky Correctional Industries Ms. Upton explained that the fi- there were more grievances against She wanted to know how the depart- rather than being managed by prison nancial cost of incarceration should staff in contracted facilities than in ment could intervene in cases of as- wardens. Recommendation 3.3 is the not be the sole measure of how well state prisons. sault to stop them from happening. Department of Corrections should a prison system is managed. The de- Ms. Upton deferred to the de- Commissioner Thompson said conduct a cost-benefit analysis to partment has begun using the Perfor- partment for comment. they have state monitors on site at determine the feasibility of operat- mance Based Measures System devel- Representative Palumbo asked all contracted facilities. She said there ing prison canteens as a correctional oped by the American Association of what “all other grievances” from the has been a lot of staff turnover. industry. If the results of the analysis State Correctional Administrators. report meant. Representative Palumbo asked are favorable, the department should The system provides standard defini- Ms. Upton said it was anything when the state monitor for Otter centralize the canteen operations tions so that data can be compared not listed in the table such as food or Creek was hired. under Kentucky Correctional Indus- between states. But meaningful per- living conditions. Commissioner Thompson said it tries. formance measures have to be devel- Senator Stine noted that North- had been within the past 2 months, Ms. Upton said that in FY 2009, oped with input from stakeholders, ern Kentucky has a pilot mental but they have had an interim state 80 inmates worked on Kentucky’s including Kentucky residents and health court program. person on site for the past 3-4 prison farms. The farms had net sales members of the General Assembly, Commissioner Thompson re- months. of almost $730,000. Aramark Cor- so the data can be used within the sponded to the report. Representative Palumbo asked rectional Services, the food vendor state. Better data on performance Commissioner Thompson com- what the state monitors do. for state prisons, purchases some of could provide critical information to mented on the recommendations Commissioner Thompson said the vegetables grown on the farms managers of Kentucky’s corrections from the report. She said several that they interact with inmates for inmate meals. Other state agen- system and to members of the Gen- committees have been considering and staff and report back to the de- cies do not purchase products from eral Assembly. Recommendation 4.1 Recommendation 1.1. In regard to partment’s Contract Management the farms. In Kentucky, inmates are is that the Department of Corrections Recommendation 1.2, she said that Branch. served 3 hot meals a day, 7 days a should identify meaningful perfor- the department has assisted in fund- Representative Palumbo asked if week. Other states serve fewer meals mance indicators, collect the needed ing for projects for mental health ini- the monitors have one-on-one pri- on some days or do not serve hot data, and develop benchmarks for tiatives, electronic monitoring proj- vate conversations with inmates and food for every meal. prisons and the system. The informa- ects, and drug courts. She said the staff. She said that the federal Prison tion should be publicly available. department has funded 16 types of Commissioner Thompson said Industry Enhancement Certification Senator Schickel said that the these programs. yes. Program encourages governments to report referred to a national correc- Commenting on Recommen- Representative Palumbo asked

THE KENTUCKY GENERAL ASSEMBLY 79 how the Northpoint food issue is be- use money in their canteen accounts August 21, 2009, was not instructed between 2006 and 2009. In 2006, ing resolved. to buy items from the canteen, and to use breathing apparatuses. Some HSEs mostly worked independently Commissioner Thompson said canteen profits benefit inmates. team members chose to wear them. or with the principal. Now the HSE a report is expected on November Representative Butler asked if Back-up staff who were not members works with district staff including the 13 from a Critical Incident Review there are any limits on how much of the response team assisted later. superintendents as well as a team of Team. canteens may charge. Mr. Morris said that no riot gear or education professionals at schools. In Representative Palumbo asked if Mr. Ballard said no. breathing apparatuses were offered to 2006, HSE assistance was mandatory the report could be provided to the Representative Butler asked back-up staff, and that not all back- for certain low-performing schools; it committee. what inmates may bring into the jails up staff had radios. He said that cuff- is now optional for all schools. The Commissioner Thompson said and what they have to purchase in ing of inmates was delayed at times last notable change is the identifica- yes. the jail. because there were not enough plas- tion of schools that need assistance. Senator Schickel said that there Mr. Ballard said the trend is al- tic restraints available at the scene. He said that the data from a sta- is a difference between inmate work lowing them to bring nothing in. He said that he and other staff have tistical analysis for 2007 and 2008 and employment. He said work Representative Butler asked had persistent respiratory symptoms showed that school receiving assis- should be compulsory for all but the if canteen fees are regulated and from smoke inhalation from the riot. tance from an HSE did no better or disabled or elderly. Inmates should whether they should be. He concluded by saying that no offi- worse than schools that did not re- not have an entitlement state of Mr. Ballard said they are not cials had contacted him after the riot ceive assistance from an HSE. mind. Work should be incentivized. regulated. The cost of hygiene and as part of any investigation, and that Senator Stine said that she had He said he would like to get ideas, for clothing items are typically low and he had heard from co-workers that proposed a bill during the previous legislation or otherwise, to ensure are the least profitable items. this lack of contact was the norm. session of the General Assembly to all inmates are helping to offset the Representative Butler asked if Rick Graycarek presented the provide HSE training to principals. cost of incarceration. He asked about there is any preliminary information Highly Skilled Educator Program Fol- She asked for a description of HSE the process and purpose of accredi- on Northpoint. low-up Report. He said in 2006 the training. tation. Commissioner Thompson said committee adopted a report about Mr. Graycarek said there is in- Commissioner Thompson said no. the Highly Skilled Educator (HSE) pro- tensive training the summer before the American Correctional Associa- Representative Butler said there gram and in November 2008 voted they start work as HSEs. There is tion (ACA) standards are minimal, is a distinction between price and to initiate a follow-up to that 2006 follow-up training in the following some are mandatory. They set a na- cost. Services can be provided at low study. He said HSEs are specially summers. He said the department tionwide standard. They have been cost but result in problems that are trained teachers and administrators could provide more details. helpful in court cases and in main- costly to address. whose primary purpose is to improve Senator Schickel asked Kentucky taining facilities. The standards are Representative Simpson asked school accountability test scores. Department of Education staff to dis- voted on by a body of representatives how costs could be going up in Ken- He said the HSE program was cuss the report. from participating states. tucky but they are a lower percent- created by the General Assembly in Representative Simpson asked if Senator Schickel said that was age of expenditures than for most 1998 and is funded by the general HSE training is advanced professional a good explanation but he disagreed other states. revenue fund, the most recent annu- development beyond what other ed- with the conclusion. He said the Ms. Upton said that typically in al cost being $5 million. During the ucators are required to take. ACA can be vendor driven and has other states more inmates are being 2008-2009 school year the depart- Ms. Lester said without HSEs the incentive for more requirements. put in prison for longer periods of ment had 42 contracts with HSEs. there is no HSE training. A commit- For example, ACA has interpreted time. HSEs typically receive a 35 percent tee of HSEs creates the training and it the requirement for exercise to mean Representative Palumbo asked pay increase from their previous sal- changes over time. She said the goal recreation. Facilities, as a result, are what activities inmates may partici- ary and the average HSE pay was is to build capacity at each school being designed around those stan- pate in if they do not work. $85,427 in 2008-2009. and district so that improvement dards. Commissioner Thompson said Representative Simpson asked may continue after HSEs leave. Commissioner Thompson said they can use the canteen and partici- about other types of assistance and Representative Simpson asked that recreation is not a mandatory pate in education and recreation. asked if the report addressed whether if the necessity of the HSE program standard. Senator Schickel asked if inmates the program was effective in increas- was born of the failure of principals Representative Upchurch noted that refuse to work are allowed to ing student skills. to lead. that the report said the inmate pop- watch television. Mr. Graycarek said other types Ms. Sugg said an HSE cannot ulation has increased by 42 percent Commissioner Thompson said of assistance are the Commonwealth change leadership skills of a principal and the cost has increased by 53 she believed so. School Improvement Fund Grant and but HSEs can be successfully used percent. He wanted to know if the Senator Schickel said he had the scholastic audit. He said in the when the right leader is in place. department has any projections over heard from employers that inmates 2006 report staff found that schools Ms. Lester noted that there were the next 10 years for those num- do not have realistic expectations that received multiple types of assis- limits to the quantitative analysis in bers. for appearance, courtesy, and dealing tance that included an HSE had im- the report and that a qualitative re- Commissioner Thompson said with the public. He wanted to know proved accountability scores in some port would have provided different she could provide information on the if there was any training to help with years and schools that received as- results. projections. this. sistance from only an HSE fared no Representative Simpson asked Representative Butler asked Commissioner Thompson said better or worse than schools with- them to respond to the finding from what local inmates pay for being in they have re-entry coordinators to out an HSE. the report that an HSE alone has no jail. give life skills training approximate- He said six of the nine recom- effect but does in combination with Rodney Ballard said that a book- ly 6 months before inmates are re- mendations made in the 2006 re- other forms of assistance. ing fee was created by statute 3 leased. port have been implemented; one Ms. Lester said that in some years ago and all jails are charging Senator Schickel asked if any has been partially implemented in schools covered by the report, HSEs the fees. of the correctional officers present that administrators can provide feed- were only in the schools part of the Representative Butler asked wished to speak before the commit- back about HSEs but no mechanism time. How HSEs divided their time what the average fee is. tee. is provided yet for parents, faculty, between schools was up to them. Mr. Ballard said he did not know Victor Morris from the North- and others to provide feedback about In previous years, the Department of but it has to be less than the per diem point Training Center read a prepared HSEs. Two of the recommendations Education did not track where HSEs per day. He said in Kenton County, statement about the riot at the are no longer applicable because they spent their time. where he has worked, they collected Northpoint Training Center in Au- are related to a grant program that The meeting was adjourned at $5 a day. gust 2009. He said that the North- is no longer available or has changed 12:25 p.m. Representative Butler asked point Training Center Corrections significantly. about the accounts inmates have. Emergency Response Team, which re- Mr. Graycarek said there are no- Mr. Ballard said that inmates can sponded to the riot at the prison on table changes to the HSE program

80 2009 Interim LEGISLATIVE RECORD POVERTY TASK FORCE two were from the Appalachian Re- been in contact with them. The mo- Fiscal Year 2009. Brain, cognitive, and Minutes of the 2nd Meeting gional Commission. The initiative has bile dental unit will be involved in a behavioral development are linked to of the 2009 Interim a three step approach: (1) pediatric dental workforce committee that will both educational and health out- October 26, 2009 training for general dentists to fos- be formed. comes later in life. Outcomes for the The 2nd meeting of the Poverty ter more comfort in treating children; Brenda English, Department for HANDS program include decreased Task Force was held on Monday, Oc- (2) local oral health coalitions in 40 Public Health, Cabinet for Health child abuse, decreased emergency tober 26, 2009, at 1:00 PM, in Room counties to define gaps in treatment; and Family Services, discussed Ken- room visits, decreased hospital days, 154 of the Capitol Annex. Senator and (3) portable equipment to bring tucky’s Health Access Nurturing less special education requirements, Brandon Smith, Co-Chair, called the access to Appalachia. The partners Development Services (HANDS) Pro- fewer school dropouts, less risky be- meeting to order at 1:06 PM, and the are the Department for Local Gov- gram. Jessica Lopez and Nahibi Vala- haviors in adolescence, fewer arrests secretary called the roll. ernment, the Appalachian Regional zquez were present to testify about as teens, higher rates of high school Present were: Commission, the Cabinet for Health their experiences with the HANDS graduation, increased employment, Members: Senator Brandon and Family Services, the University Program. and increased home ownership. Smith, Co-Chair; Representative Greg Dental Schools, the Kentucky Den- Ms. Lopez said she is from The rate of prematurity among Stumbo, Co-Chair; Senators Dan tal Association, and Kentucky’s local Franklin County and just gave birth HANDS mothers with six or more “Malano” Seum, Robert Stivers II, health departments. to triplets who are four-months old prenatal home visits was 30 per- Elizabeth Tori, and Johnny Ray Turn- Representative Wuchner said now. cent less than the rate of prematu- er; Representatives Linda Belcher, that even though there are an ad- Ms. Valazquez said that she is rity among HANDS mothers with no Dwight D. Butler, Leslie Combs, C. equate number pediatric dentistry from Mexico and has a three-year prenatal visits. The rate of low birth B. Embry Jr., Jim Glenn, Keith Hall, resources in the main areas of North- old who is in a literacy program at weight births among HANDS moth- Richard Henderson, Melvin B. Hen- ern Kentucky, a number of children the Thornhill Learning Center in ers with six or more prenatal home ley, Martha Jane King, Mary Lou Mar- are not accessing the resources be- Frankfort called the Families Learning visits was 33 percent less than the zian, Reginald Meeks, Fred Nesler, cause you find that a large number through Interaction Program (FLIP). rate of low birth weight births among Kevin Sinnette, Kent Stevens, Ken of children have not even had their FLIP is specifically designed for par- HANDS mothers with no prena- Upchurch, Alecia Webb-Edgington, first encounter with the dentist be- ents earning their GED. tal visits. The rate of very low birth and Addia Wuchner. fore they are 18 years of age. She Ms. English stated that HANDS weight births among HANDS moth- Guests: Steve Davis, MD, Senior asked if there is a way to improve the is a voluntary, intensive home visita- ers with six or more prenatal home Deputy State Health Office, Cabinet dental reimbursement structure in tion program for first-time moms and visits was 55 percent less than the for Health and Family Services; Dr. KCHIP and Medicaid so when there dads regardless of income. The pro- rate of very low birth weight births James P. Ziliak, Director, Center for are dental providers available, people gram is from prenatal to two years among HANDS mothers with no Poverty Research, Gatton Endowed take advantage of these services. Dr. of age and is designed to improve prenatal visits. The infant mortal- Chair in Microeconomics, University Davis said that within the past two both health and social outcomes. ity rates for families served by the of Kentucky; Annette Bridges, Of- years the Department for Medicaid The HANDS program was created in HANDS program are 70 percent less, fice of Early Childhood Development; Services has raised the reimburse- House Bill 706, Early Childhood De- emergency room visits is are 50 per- Department of Education, Education ment for practitioners who see chil- velopment Act, of the 2000 Regular cent lower, child abuse and neglect Cabinet; Brenda English, Department dren by approximately 30 percent. Session and regulated under 902 is 29 to 40 percent lower, and there for Public Health, Cabinet for Health The new reimbursement rates and KAR 4:120. The goals of the program are fewer developmental delays than and Family Services; Anne Joseph, training programs should bring more are positive pregnancy outcomes, among non-HANDS families. HANDS Covering Kentucky Kids and Families, practitioners into the Medicaid pro- optimal child growth and develop- families are showing progress in edu- and Melissa Fry Katy, MACED. gram allowing more children to be ment, children living in health and cation and employment. LRC Staff: DeeAnn Mansfield; seen. safe homes, and family self-suf- The HANDS program is making Lou DiBiase, Amanda Dunn, Musta- Representative Glenn asked ficiency. There are approximately a difference in short-term goals and pha Jammeh, Gina Rigsby, and John if there are programs that could be 11,000 HANDS families served per long-term outcomes are expected. Scott. put in place that are budget neutral year. Of the 11,000, 41 percent have In 2009, Kentucky received $12 mil- A motion to approve the minutes or cost very little that would help less than a high school education, 34 lion federal Medicaid dollars under of the September 21, 2009 meeting the healthcare of children. Dr. Davis percent have a high school educa- case management service. The state was made by Representative Nesler, said that more can be done through tion, 80 percent are female-headed, required match was $5.2 million and seconded by Representative Stumbo, the entire healthcare system to edu- 10 percent are African Americans, $3.3 million was needed to serve and approved by voice vote. cate families about the importance 10 percent are Hispanic, and 88 per- non-Medicaid families. If the pro- Steve Davis, MD, Senior Deputy of oral healthcare in their children. cent receive Medicaid. Families are gram is expanded to serve families Health Office, Cabinet for Health Representative Glenn asked if the screened by a nationally proven tool with multiple children in Fiscal Year and Family Services, discussed the dental schools still offer free or re- that examines at-risk factors, then 2011, approximately 13,541 addi- Access for Babies and Children to duced cost visits so dental students families are assessed by profession- tional Medicaid families could benefit Dentistry (ABCD) Initiative. Dr. Da- could get practice in their trade. Dr. als in ten focus areas, and then they from the HANDS program and Ken- vis stated that untreated cavities can Davis said that the Department for begin home visitation. Home visita- tucky could receive an additional $21 cause pain, dysfunction, absence Public Health has a partnership with tions focus on medical homes, im- million in federal Medicaid dollars, from school, low weight, and poor the University of Kentucky Dental munizations, well child checks, child an additional $7 million state match appearance, which are all problems School where dental students are safety checklists, and developmental would be required. that can greatly reduce a child’s ca- taken across eastern and western screens. There is a parent-child in- Senator Smith asked where the pacity to succeed in school and in Kentucky in mobile vans to schools teractive curriculum called Growing $12 million was coming from to fund life. Tooth decay affects one-fourth to get experience but also help the Great Kids that focuses on basic care, the program. Dr. Davis stated the $12 of the children in the United States children. child development, nurturing parent- million in federal Medicaid dollars is between the ages of two and five, but Representative Stumbo asked Dr. child relationships, and strengthens matched with tobacco settlement in Kentucky it affects nearly half of Davis if funds were available, what base support to families. As of June, funds and these funds are used to the children in that age group. Barri- would be his recommendations be 2009, the total number of counties leverage the 70/30 federal Medicaid ers to oral health for children include on what it would cost to adequately with HANDS was 120; the number match. Senator Smith asked about an insufficient number of dentists, a address the problems to help these of families receiving services was R.E.A.C.H. of Louisville, Inc. Ms. Eng- reluctance of dentists to treat chil- children. Dr. Davis said that he would 47,237; the number of assessments lish stated that it is an independent dren, and a lack of dentists in rural get some information together and made was 48,318; the number of evaluator selected through a Request areas. The three-year ABCD initiative send it to the task force. professional or paraprofessional for Proposal (RFP). received three federal grants total- Senator Stivers asked about the home visits was 1,066,759, and the Representative Glenn asked what ing approximately $2 million. One mobile dental unit in Bell and Knox total number of services provided is being done to reduce child abuse. was from the Health Resources and County. Dr. Davis said that the state was 1,115,077. Over 35,000 referrals Ms. English stated that in weekly Services Administration (HRSA) and dental director, Dr. Julie McKey, has have been made to local agencies in home visitations they help educate

THE KENTUCKY GENERAL ASSEMBLY 81 parents on how to deal with stress, cial returns from better health, lower Start. Dr. Ziliak stated it differs across and interventions by qualified per- how to communicate with their chil- crime, and higher marital stability. the nation based on services offered, sonnel. She said that Head Start is dren, and that they can and should The cost of intervention is lower for but approximately $7,000 to $9,000 a federal program and does not fall seek other supports. Ms. English said children and has a longer return on per child. under the Department of Education that information is given that helps investment. GED recipient scores are Representative Meeks asked how like the preschool program. show how to raise a child and what comparable to high school graduates much of the proposed $8 billion to The University of Kentucky to expect at different developmental on cognitive tests, yet they earn 20 $9 billion in the Obama budget bill conducted a nine-year longitudi- stages in a child’s life. percent less on average in the labor will come to Kentucky. Dr. Ziliak said nal study of the KERA preschool Representative Hall asked how market which points to a big role for that states would have to compete program, and there were some very someone would find out about the noncognitive skills. for the money. Representative Meeks good outcomes. Although the study HANDS program. Ms. English said The Head Start program serves asked if this is how it has normally ended in 1998, the outcomes are still information is available in all the lo- over 900,000 children nationwide been done in the past, and Dr. Ziliak relevant. The gains persisted through cal health departments, department with approximately 16,000 from said no. Representative Meeks asked fifth grade. The National Institute for for community based services offic- Kentucky. The program provides how the federal government will Early Education and Research (NIEER) es, from school counselors, and that comprehensive services including spell out the terms of the competi- Report looked at ten indicators of any agency that deals with families literacy, dental, vaccinations, and tion. Dr. Ziliak stated that because quality and ranks states, and Ken- should know about the program. He parent education. It has been shown it is still part of the budget bill, the tucky met eight of them. Kentucky asked if 80 percent of the mothers to have positive effects on academic terms have not been spelled out at did not have an on-site monitoring were single, and she said yes. Rep- performance in the short run. Par- the present time. process or require teacher assistants resentative Hall asked how long the ticipants in Head Start acquire bet- Representative Henley said uni- in state-funded preschool programs program had been in existence. Ms. ter non-cognitive skills than simi- versities get a lot of general fund to have a child development associ- English stated the pilot program be- larly situated non-participants and money and a lot of bond money to ate, so we did not rank as high as we gan in 1999. thus are less likely to drop out of build edifices and purchase equip- could have. Senator Smith asked Dr. Davis if school and less likely to be arrested. ment, conduct renovations, and they Two pilot collaboration projects there are things that need to be ex- In 2008, there were about 285,000 should be required to help first-gen- in Fayette County and Anderson plored, actions taken, or legislation children under age five living in Ken- eration college students with a poor County have received $50,000 from that may not cost money that the tucky with 79,000 living in poverty. background to face and overcome in- the KIDS NOW Authority for two legislature can help tackle or push out Approximately 40 percent or 31,600 surmountable fears and go on to fin- years, but they have to do a one-to of the way that can help. He asked if of these children were ages three and ish college. Dr. Ziliak stated that the one match. The goal is to serve as there is anything that can be done to four. This implies that Head Start in University of Kentucky knows that many children as possible in a high help make a dent and help the cabinet Kentucky serves only about half of their economics depend on students quality environment. There is not move forward with programs already the eligible population of children. remaining in school and have a num- enough space in the schools to serve implemented. He asked that recom- There is an ongoing debate ber of initiatives to retain students. all children, nor does the state want mendations for legislation be sent so whether pre-K type programs should Annette Bridges, Office of Early to put child care programs out of the task force could review them to be targeted to the disadvantaged or Childhood Development, Department business. According to a study con- see how it could possibly help the be universal. Many favor targeting of Education, Education Cabinet, ducted by Hart and Risley in 1995, cabinet achieve its goal. the disadvantaged because of cost- discussed preschool and Head Start unless there are maternal health Representative King asked if in- effectiveness and evidence that chil- programs in Kentucky. Ms. Bridges problems or health related issues, formation is made available to peo- dren from low-income families face stated that the Kentucky Invests in children begin development at the ple with high risk pregnancies. Ms. severe deficits in both cognitive and Developing Success (KIDS) NOW same rate. Some things do not mat- English stated because of limited re- noncognitive skills. A recent National vision is that all young children in ter such as race or ethnicity, gender, sources, information is provided only Association of Manufacturers study Kentucky are healthy and safe, pos- or if a child is the born first child, but if they are in the HANDS program. found that 69 percent of businesses sess the foundation that will enable economic advantage does matter. She said that they work with the cite inadequate basic employability school and personal success, and live Virtually all children begin to acquire hospitals and obstetrician offices. skills such as attendance, timeliness, in strong families that are supported a vocabulary of words in the second Representative Henderson stat- and work ethic as the most common and strengthened within their com- year of life, usually soon after their ed that even if the $21 million dol- reason for rejecting jobs applicants. munities. first birthday. lars is leveraged, you cannot put a This proves that these skills matter. In response to the Kentucky Ed- Evaluations for child care pro- number on the economical benefits Representative Glenn said that ucation Reform Act (KERA) of 1990, grams began in 2002, and the results for employees and the benefits for the middle class is shrinking and the the Kentucky Preschool Program was show the higher the level of Stars for the future generations by knowl- lower income population is increas- established. All of the state’s four- KIDS NOW Child Care Quality Rat- edge, treatment, and prevention. Ms. ing, and he asked if this had been fac- year olds and three-year olds with ing System Standards the child care English stated that the cabinet had tored in targeting low income people disabilities are eligible to participate program has, the higher the child received letters and calls from moms versus offering something universal in the program. Currently, 24,000 scores and the higher the outcomes who are not first-time moms who to a group of people. Dr. Ziliak said children are being served. Of these are for children. The Stars Quality want and need the services of the that many states extend eligibility children, 55 percent have disabilities Rating System Standards is voluntary program. to people who are eligible for free or and 45 percent are at risk. Children and 25 percent of child care programs Dr. James P. Ziliak, Director, reduced school lunch. The main rea- who do not meet these eligibility re- participate. The consistent message Center for Poverty Research, Gatton son for starting here is for cost ef- quirements may also participate, but is that low income and minority chil- Endowed Chair in Microeconomics, fectiveness reasons. In the short run, are funded by the district or tuition dren are in low quality programs, but University of Kentucky discussed children from these families face the rather than the state. Eligibility was some programs with a large number children in poverty and programs greatest risks throughout their life- extended to additional children be- of children on subsidy are beating the that work. Dr. Ziliak stated that there times. If there are additional dollars ginning with the 2006-2007 school odds. These state-funded programs is a growing gap between high school to invest, you would see a higher re- year when income eligibility was are required to have learning centers graduates and dropouts, and between turn investing in families under 200 raised from 130 percent of the federal such as science, math, art, computer, college graduates and high school percent of the federal poverty level poverty level (FPL) to 150 percent of and literacy. graduates. Dropout rates are high, (FPL) than families at 400 percent of the FPL. The Kentucky Student In- Representative Glenn said he especially among African Americans the FPL. tervention, the state’s version of Re- read a report that said the size of and Hispanics in urban areas, but also Representative Belcher asked sponse Intervention, which includes the classroom did not matter, but high among whites in parts of rural why Head Start only serves half the preschool, is a result of legislation that the teacher focus on making American such as Appalachia. The eligible population. Dr. Ziliak stated passed by the 2009 General Assem- students more dependent on them- rate of return to additional school- that Head Start is not an entitlement bly. The new administrative regula- selves and re-enforcing their self-es- ing beyond high school is nearly ten program and has restricted resources. tions require programs to implement teem mattered. Ms. Bridges said that percent, and higher if you include so- She asked the cost per child in Head relevant, research-based instruction the research is mixed about smaller

82 2009 Interim LEGISLATIVE RECORD class sizes. Some research shows Senator Smith said the next generation systems. These credits the enactment of an ordinance or any that some students do better when meeting would be November 16, are allowed for dwellings owned and changes to existing tax. The Depart- the teacher to student ratio is lower, 2009 at 1:00 p.m. There being no used by taxpayers and are limited to ment must notify insurers 85 days and for others there is no difference. further business, the meeting was $500 for single family dwellings and prior to July 1 of the license fee or Representative Belcher said she adjourned at 3:12 p.m. $1,000 for multifamily or commercial tax. She said that there are several realized that in order to improve day properties. exemptions to the tax liability in- care centers, they would all need to SPECIAL ADVISORY Mr. Fields also discussed several cluding group health insurance for be at level 4, and asked if it would COMMISSION OF SENIOR other changes, including changes in state employees, individual health it be helpful to require them to do CITIZENS the estimated payment laws. He also insurance issued through Kentucky two levels and then give them some Subcommittee on Taxation discussed the impact to Kentucky of Access, Worker’s compensation in- options to complete the others. Ms. Minutes of the 1st Meeting recent federal stimulus legislation, surance, annuities, and federal flood Bridges said that her recommenda- of the 2009 Interim including the withholding bonus and insurance. tion was that the licensing standards May 7, 2009 its effect on social security payments. Ms. Wasson then discussed require the level of Star I and that The 1st meeting of the Subcom- He provided the members with infor- how the tax is determined; stating would be an incentive for programs mittee on Taxation of the Special Ad- mation as to how to stay informed that taxes are imposed on risks lo- to go to the next level. This says that visory Commission of Senior Citizens regarding Kentucky and federal tax cated within the local governments the state will not continue to give was held on Thursday, May 7, 2009, law changes. corporate limits. She then discussed funds to low-quality programs. at 2:30 PM, in the Kentucky Room Next, Mr. John Copeland and how the tax is reported, stating that Representative Meeks asked I of the Capital Plaza Hotel. James Ms. Natasha Railey from the ac- KRS 91A.080 requires a breakdown about the number of children served Huff, Chair, called the meeting to or- counting firm of Dulworth, Breeding, of all collections by category. These in state-funded preschools. Ms. der, and the secretary called the roll. and Karns discussed the American categories include fire and allied per- Bridges said there are 24,000 eli- Present were: Recovery and Reinvestment Act of ils, casualty liabilities, vehicle, inland gible children and added with Head Members: James Huff, Chair; 2009. Mr. Copeland provided back- marine, health, life and other risks. Start it is about 36,000. Representa- Cluster Belcher, Douglas Cole, Bertha ground for this legislation which was She then discussed how the tax is tive Meeks asked if that is close to Daniels, Carole Dunn, Rowena Emer- passed in the wake of the mortgage paid by the insurance complained to 100 percent of eligible children, and son, Pete McNeill, Jerry Moser, Jack and credit crisis. The goal of the leg- the localities. The tax is due 30 days she said yes. Representative Meeks Niece, Elmer Olson, Kenneth Over- islation is to provide a stimulus to the after the end of the calendar quarter asked Ms. Bridges to provide the hults, Dennis Shaw, Martha Shircliffe, lagging United States economy. The and payment is remitted separately task force with copies of the docu- Berton Sisk, Martha Smith, Donald act includes federal tax cuts and ex- to each local government by an in- ments “Building a Strong Foundation Stethen, and Alban Wheeler. pansion of unemployment benefits. surer or surplus lines broker. She for School Success.” She said that Guests: Mr. Gayle Fields, Ken- It also increases spending on educa- discussed credits for city tax against she would send the information and tucky Department of Revenue; Mr. tion, healthcare, and infrastructure. county tax, annual reconciliation, and an overview. Representative Meeks John Copeland and Ms. Natasha Rai- He also discussed the potential posi- refund of tax on unearned premiums. asked what state the Hart and Risely ley, Dulworth, Breeding, and Karns, tive and negative reactions to the Finally, Ms. Wasson discussed the study was conducted in. Ms. Bridges LLC; Ms. B.J. Wasson, Kentucky De- legislation. provisions of HB 524 and its effect on said she was not sure. Representa- partment of Insurance. Ms. Railey outlined in what sec- local insurance premium taxes. tive Meeks asked if a study had been LRC Staff: Charlotte Quarles tors the federal increases in spend- Chairman Huff briefly outlined conducted on Kentucky families. He and Sheri Mahan. ing will occur, which include tax re- the recommendations put forth by asked what states have the highest Mr. McNeill moved that the lief, state and fiscal relief, protecting the subcommittee during the No- licensing ratings. She said that she minutes from the previous meeting the vulnerable, and energy research. vember 2008 meeting and asked the would get back to him with that in- be approved as written. The motion She provided specific dollar amounts members to reflect upon these in formation. was seconded by Mr. Shaw. The mo- where new money is being spent in preparations for the following day’s Representative Stevens said as tion carried by voice vote. the federal budget. She then dis- meeting. a former principal, he had a Head Chairman Huff discussed the el- cussed tax breaks for individuals Chairman Huff called the meet- Start unit in his building, and he saw der care credit bill draft proposal that provided in the legislation. These ing to recess until Friday, May 8, at the good things that came from the he asked Representative Thompson include higher education credits up 8:30 a.m. Mr. Shaw seconded the program and saw other children that to introduce during the last regular to $2,500, temporary tax credits of motion. The motion carried by voice would have benefited that could not session. He stated that once a nega- 6.2% of earned income up to $400 vote. get in the program. He said that he tive fiscal impact was established by for single and $800 for joint filers. The Subcommittee on Taxation was pro-universal preschool. the requested fiscal note, that most Included in the legislation are new of the Special Advisory Commission Representative Wuchner asked interest was lost in the bill. car sales tax deductions, energy ef- of Senior Citizens was reconvened on about educating parents about Mr. Gayle Fields of the Kentucky ficiency credits, and first time home- Friday, May 8, 2009, at 8:30 a.m., in choosing child care centers with Department of Revenue discussed buyers’ credits. There are also small Kentucky Room I of the Capitol Plaza higher levels of care and putting changes to the 2009 individual in- business tax breaks which include Hotel. James Huff, Chair, called the more pressure on centers to want to come tax laws. He discussed new 50% bonus depreciation, increased meeting to order, and the secretary earn a higher rating. Ms. Bridges said energy efficiency credits which affect Section 179 expensing, carryback of called the roll. the Stars Advisory Group advertises residential and commercial purchas- small business losses, and work op- Present were: and promotes the Stars Quality Rat- ers. These credits will be available portunity tax credits. Members: James Huff, Chair; ing System Standards. to individual taxpayers for efficien- Finally, Ms. B.J. Wasson of the Cluster Belcher, Bertha Daniels, Car- Senator Smith said there was a cy upgrades made after December Kentucky Department of Insurance ole Dunn, Pete McNeill, Jerry Moser, study conducted on fifth and sixth 31, 2008 through January 1, 2016. discussed the local insurance premi- Jack Niece, Elmer Olson, Kenneth graders, and one question asked chil- These credits apply to the tax year um tax. Ms. Wasson defined the tax, Overhults, Dennis Shaw, Martha dren what they wanted to be when the installation is completed; they stating that it is a tax imposed by local Shircliffe, Berton Sisk, Martha Smith, they grew up. He said that the data may be carried forward for one year, governments upon insurance compa- Donald Stethen, and Alban Wheeler. showed there were a lot of geograph- and are limited to 30% of the instal- nies for the privilege of engaging in Chairman Huff opened the ical challenges for children in rural, lation costs. Credit is allowed for business of insurance in that locality. floor for discussion of subcommit- heavy poverty areas that in their upgraded insulation, energy efficient These taxes are imposed through lo- tee issues and recommendations. minds they dreamed to be less than windows and other qualified energy cal ordinances, may be a flat amount Chairman Huff reminded the sub- what they could be. In a child’s mind properties, with a maximum credit or percentage of premium, may vary committee of the November, 2008 they should be able to be anything of $500. Credit is also allowed for by category, and are effective July 1 recommendations. they want to be, and not limited. installation of alternative energy sys- each year on a prospective basis. She Mr. Belcher moved that the first Unfortunately, because of their cir- tems, including active solar space- stated that local governments must recommendation of the taxation cumstances, these children did not heating systems, solar water heating notify the Department of Insurance subcommittee be that the General even dare to dream. systems, and wind turbine energy at least 100 days prior to July 1 of Assembly increase state funding for

THE KENTUCKY GENERAL ASSEMBLY 83 Area Agencies on Aging to support Ms. Phelps seconded the motion, motor vehicle; (2) requiring the use Baker, Stefan Kasacavage, and Kelly senior programs by at least 20 per- which passed by voice vote. of emission interlock devices in ve- Blevins. cent by looking for additional fund- The Subcommittee on Transpor- hicles for DUI offenders; (3) prohibit The October 14, 2009 minutes ing sources. Mr. Moser seconded tation heard testimony from repre- the use of hand-held communication were approved by voice vote and the motion. The motion carried by sentatives from the Kentucky Trans- devices by teenagers; and (4) rein- without objection on a motion made voice vote. The committee requested portation Cabinet and the Paducah state the motorcycle helmet law. by Senator Boswell, seconded by information concerning how much Transit Authority on grants for pub- For the past several years, one Representative Hoffman. this percentage would represent in a lic transportation in the Paducah and of the Transportation Subcommit- The presiding co-chair, Senator dollar amount. Louisville areas. tee recommendations was to regis- Gibson, invited Mr. Roger Thomas, Mr. Olsen moved to delete the Ms. Mayeux, Project Manager, ter all-terrain vehicles to provide law Executive Director, and Mr. Mike committee’s November recommen- Office of Transportation Delivery, enforcement and property owners Judge, Director of Operations, Gov- dation to increase the cigarette tax Kentucky Transportation Cabinet, the opportunity to identify ATVs be- ernor’s Office of Agricultural Policy, and earmark a percentage for senior said that some 40 interested groups ing operated in violation of the law. to appear before the committee and services. The motion was seconded came together to develop a Regional Beginning on or after July 1, 2010, report on the Agricultural Develop- by Mr. Daniels. The motion carried Mobility Council in Louisville to be- House Bill 53 requires the titling of ment Board’s actions from the pre- by voice vote. gin a Coordinate Public Transit Plan. all new ATVs or ones that has a se- vious month. Before beginning his Mr. Shaw moved that the sec- This broad based representation curity interest on the vehicle. report, Mr. Thomas acknowledged ond recommendation be that the keeps stakeholders apprised of their Lastly, the Subcommittee ad- the phone calls, e-mails, cards, and General Assembly enacts legislation activities and planning efforts. She opted three recommendations. They letters that he had received following to provide tax credits to an individual said that federal government award- were: his recent biking accident. Mr. Judge caregiver who cares for a chronically ed 8 Phase I transit grants from a list Strongly endorses the future then briefly reviewed the funds ap- ill person in that person’s home or of 37 applicants in the US. Kentucky statement from the full commission proved under four programs – the in the caregiver’s home. Ms. Dunn received 2 of those 8 grants – one go- opposing any reductions in state County Agricultural Investment, the seconded the motion. The motion ing to Louisville and the other to Pa- funding for Area Agencies on Aging Deceased Farm Animal Disposal As- carried by voice vote. ducah. The federal government later that supports Senior Programs. sistance, Pilot Farm Management, and Ms. Daniels moved that the third awarded 3 $1 million Phase II grants, Strongly encourages the General Shared-use Equipment programs. recommendation be that if the Gen- of which Paducah and Frankfort re- Assembly to increase state funding As they reviewed the state proj- eral Assembly imposes a sales tax on ceived one apiece. for Area Agencies on Aging to sup- ects approved for tobacco settlement services or increases the general sales Adding to what Ms. Mayeux port Senior Programs for each year of funding, Co-chair Sims asked some and use tax rate, a percentage of the stated, Ms. Kim Adair and Zana Ren- the 2008-10 biennium and beyond. questions about the University of increased tax receipts be earmarked fro, Paducah Transit Authority from Prohibit the use of hand-held Kentucky Food Systems Innovation for senior services. Ms. Dunn sec- the Paducah Transit Authority in- communication devices with the ex- Center project, which received a onded the motion. The motion car- formed the Subcommittee that the clusion of emergency personnel. grant of $358,904. In particular, she ried by voice vote. Paducah Transit Authority had over Recommend that the General asked about the use of Agricultural Being no further business, the 700,000 rides in 2008 and that the Assembly appropriate sufficient Development Fund (ADF) moneys for meeting was adjourned at 9:20 a.m. local citizens can request transit funds to ensure available federal administration. assistance by telephone (either by matching funds for use in the state’s Mr. Judge explained that the cen- Special Advisory Commission speaking to a live person between public transportation programs. ter assists producers in the state in of Senior Citizens the hours of 4AM to 11PM or by au- With no further business before marketing their food-based products. Subcommittee on Transportation tomation), through the internet, as the Subcommittee, the meeting ad- Assistance has included activities Minutes of the Second Meeting walk-in traffic, or to walk up Kiosk journed at 9:45 a.m. such as labeling, shelf-life, and con- of the 2009 Interim sites. sumer acceptance. The grant would May 7-8, 2009 Mr. David Sowder, Transporta- TOBACCO SETTLEMENT help expand those services. The second meeting of the Sub- tion Director for the Kentucky River AGREEMENT FUND He explained to Co-chair Sims committee on Transportation of the Foothills Development Council dis- OVERSIGHT COMMITTEE that UK had received some federal Special Advisory Commission of Se- cussed the transit programs in Berea Minutes funding, but that funding could only nior Citizens was held on Thursday, and Winchester. He said that the KY November 4, 2009 be applied toward equipment, con- May 7, 2009, at 2:30 PM. Fred Smith, River Foothills Transportation Servic- The 9th meeting of the To- sequently some of the Agricultural Chair, called the meeting to order, es is a non-profit agency under Com- bacco Settlement Agreement Fund Development Funds granted would and the secretary called the roll. munity Action operating to some de- Oversight Committee was held on be used for administration. Most of Present were: gree in Madison, Powell, Clark, Estill, Wednesday, November 4, 2009, at the grant funding would be used for Members: Fred Smith, Chair; and Montgomery Counties. They 10:00 AM, in Room 129 of the Capi- purposes other than administration, Rufus Fugate, Margaret Gilland, Dell receive no Medicaid assistance, how- tol Annex. Senator Carroll Gibson, according to the committee witness, Hall, Bobby Hazen, Eleanor Hol- ever they do receive 50% funding Chair, called the meeting to order, who also indicated to Co-chair Gib- brook, Gayle King, Gina Loxley, Nor- from the state. The transit service and the secretary called the roll. son that the grant marked the first man Pallarito, Mary Lou Perry, Jean was founded in 1986 and averages Present were: time UK had received such ADF Phelps, John Schreiber, Ted Smith, 7,500 trips per month with 78% of Members: Senator Carroll Gib- funding. Paul Steenbergen, Joe Wahlen, and those trips taken by senior citizens. son, Co-Chair; Representative Dot- As the projects review contin- Lillian Wheeler. They offer door-to-door service, tie Sims, Co-Chair; Senators David E. ued, two projects spurred several Guests Appearing Before the $1.25 per mile express, handicapped Boswell, Vernie McGaha, Joey Pend- minutes of discussion among com- Subcommittee: David Sowder, Trans- accessible vehicles, and offer before leton, and Damon Thayer; Represen- mittee members – the Thorough- portation Director, Kentucky River and after school pick-up for children. tatives Royce W. Adams, James R. bred RC & D Council project to Foothills Development Council, Inc.; They also offer unlimited travel to se- Comer Jr., Charlie Hoffman, and Tom use $15,000 in Woodford County Gail Mayeux, Project Manager, Office nior citizens for $1.00 a day fee. This McKee. funds to establish a land preserva- of Transportation Delivery, Kentucky $1 fee coordinates with all city bus Guests: Roger Thomas, Michael tion board, and Fayette County Ru- Transportation Cabinet; Kim Adair, routes, intercity bus routes, connec- Judge, and Joel Neaveill, Governor’s ral Land Management Board project Director, and Zana Renfro, Paducah tor routes, and commuter routes. Office of Agriculture Policy; Bill Mc- to allow $75,000 in county funds to Transit Authority; and Captain Tim On Friday the Subcommittee Closkey, Tim Hughes, and Cyndi Hall, buy conservation easements under Lucas, Kentucky State Police. heard testimony on initiatives to Kentucky Agriculture Finance Corpo- the Fayette County Purchase of De- LRC Staff: Brandon White and promote highway safety from the ration; Drew Graham, University of velopment Rights (PDR) program. Linda Hughes. Kentucky State Police. Captain Tim Kentucky College of Agriculture; Mac Mr. Judge explained to Co-chair Mr. Hazen moved to approve the Lucas said several of those initiatives Stone, Kentucky Department of Ag- Sims that the approval of the Wood- Subcommittee minutes from its No- are: (1) prohibiting the use of non- riculture. ford County funds was in keeping vember 2008 meeting, as submitted. prescription drugs while operating a LRC Staff: Lowell Atchley, Biff with a similar previous approval for

84 2009 Interim LEGISLATIVE RECORD Scott County. Heritage Center project is progress- Thomas told the committee that the The Fayette County project ing; meetings have been conducted ADB initially set aside $20 million for prompted several minutes of com- regarding conditions that must be the loan program in 2003. Since that 2010 LRC mittee discussion after Co-chair Gib- following in accessing funds to build time, almost 300 loans have been son asked about a $15 million bond the center. Senator Pendleton said approved for almost $36 million. approved in 2001 that provided funds the project needs to advance before The speakers reviewed the status Publications for the Fayette PDR. construction costs increase. of KAFC programs – the Beginning According to Mr. Thomas, who Referring back to the chart dis- Farmer Loan Program, the Agricul- was a member of the General As- tributed to the committee, Co-chair tural Infrastructure Loan Program, Price List sembly at the time, the Legislature Gibson said he could “see why our the Coordinated Value-added Assis- approved bond issuances totaling money is running out.” tance Loan Program, the Agricultural $25 million ($10 million went to the Responding to some additional Processing Loan Program, and the Daily Record Pickup.....$165 state Purchase of Agricultural Con- questions from Co-chair Gibson, Mr. Large/Food Animal Veterinary Loan Daily Record Mailed .....$165 (plus servation Easements program) for Thomas noted that only two coun- Program, which is relatively new. Mr. postage) land preservation. Tobacco settle- ties, Pike and Knott, receive no coun- McCloskey described how the pro- Friday Record Mailed ....$38.50 (plus post- ment funds are used to make the an- ty tobacco settlement funds because gram works in tandem with several nual bond repayment. they had no significant tobacco pro- commercial lenders in the state. age) Representative McKee men- duction history. Counties that his- During the presentation, they Individual Record Pickup ...$2.75 tioned the positive aspects of farm- torically produced large amounts of responded to Representative Comer Individual Record Mailed ... $2.75 (plus land preservation and observed that tobacco currently receive settlement that Beginning Farmer and Agricul- postage) the latest Fayette County fund con- funds generally proportional to those tural Infrastructure loans were gen- tribution of $75,000 did not seem historic production amounts. erally set up for 15 years. Regarding Bills significant. But the GOAP officials The witnesses next responded the Beginning Farmer program, they Complete Set of Bills and Resolutions said Fayette County’s local coun- to a series of questions from Co-chair told Senator Boswell that some agri- Picked Up cil had approved $525,000 for land Sims related to the bonding process. cultural production experience is re- $630.00 preservation in the last few years. At one point in the discussion, Mr. quired of those applying for loans. Individual Bills In subsequent discussion, Rep- Thomas indicated that it is his un- During their presentation, they Per Page ...$.05 resentative McKee said he and Rep- derstanding that the state cannot mentioned a loan made to Kentucky Amendments resentative Adams recalled that Fay- draw interest from bond proceeds. Bioprocessing of Daviess County to ette County had an existing farmland In subsequent discussion, Rep- conduct research and development Per Page....$.05 preservation program in existence in resentative Adams mentioned that of plant-made pharmaceuticals. Roll Call Votes 2001 and could immediately use the he was concerned about tying bond- Elaborating on Kentucky Bioprocess- $.15 (per page) funds. Senator Boswell later reiterat- ed indebtedness to Master Settle- ing, Senator Boswell indicated the ed Representative McKee and added ment Agreement payments, which company collaborates with the Uni- Publications that the PACE program has had an will continue to decrease over time versity of Louisville and the Universi- 1-10 copies .... Free (plus postage, if impact in his area in terms of farm- because of the decline in the con- ty of Kentucky, plus the Owensboro mailed) land preservation. sumption of cigarettes. In response, Medical Health System in plant-made Copies over 10 .... ($1.00 per copy, plus Responding to Co-chair Sims, Mr. Thomas said an original agree- drug development. postage if mailed) who asked how tobacco settlement ment was to shift the bond payment Documents distributed during funds are divided among agencies, obligations to the General Fund, but the committee meeting are available Administrative Regulations Mr. Thomas described to the commit- that has not occurred. with meeting materials in the LRC Li- Bound Volumes.... $170.00 tee how the state portion of the ADF The speakers, joined at the table brary. The meeting adjourned at ap- has shrunk in recent years due to the by Mr. Joel Neaveill, GOAP’s Chief of proximately 11:30 a.m. Administrative Register....$96.00 use of tobacco settlement funds to Staff, responded to a series of ques- Volumes and Register .... $250.00 pay off Kentucky Infrastructure Au- tions from Senator McGaha regarding thority water and sewer bonds, and the funds with which they actually Acts of the General Assembly other types of bonds. For example, have access to for statewide projects. Regular Sessions ... Price to be quoted he cited the bonding approved during Mr. Thomas said they were “basically after printing (on CD...$10) the 2008 legislative session for the flat-lined in the 2008 budget for FY Special Sessions .... Price to be quoted Kentucky Agriculture Heritage Cen- 2009 and FY 2010, with the FY 2010 after printing (on CD...$10) ter, renovation of the four 4-H camps ADF balance of just over $6 million in the state, an FFA Leadership Train- will hinge on that year’s MSA pay- Journals ing Center renovation, upgrades of ment. They also noted to the senator House and Senate Complete Set ... Price to the UK Livestock Disease Diagnostic that some of the newest bond pay- be quoted after printing Center, plus another round of KIA ments due for FY 2010 were half-year bonds. payments and would double after- House Set...Price to be quoted after As Mr. Thomas talked with the ward. printing committee, a staff member distrib- As the discussion on that topic Senate Set ... Price to be quoted after uted a budget chart that depicted to- ended, Mr. Thomas said legislators as printing bacco settlement fund appropriations policymakers should be proud of the in the 2009 and 2010 fiscal years. Mr. way they have used the MSA funds All prices are subject to 6% Thomas told the committee that the compared to other states, which Kentucky Sales Tax debt service amounts taken from the have securitized the funds or have ADF are substantial. All projects are used the money for non-agricultural worthwhile, but the amount available endeavors. for statewide long-term projects to Following the GOAP projects benefit agriculture have diminished, discussion, Co-chair Gibson called remarked Mr. Thomas, who told the on the speakers for a status report committee that the situation “has on the Kentucky Agricultural Finance almost reached a critical stage for the Corporation (KAFC) including Mr. Bill state portion of the fund.” McCloskey, KAFC Director of Finan- Responding to Senator Pendle- cial Services, and Mr. Tim Hughes, ton and later to Senator McGaha, Mr. Senior Policy Analyst. Thomas indicated the Agricultural Preceding their remarks, Mr.

THE KENTUCKY GENERAL ASSEMBLY 85 2010 Prefiled Bills duce the number of consecutive years BR 1 - Representative Jesse quire smoking cessation programs or standards; provide that the Cabinet from seven to five that an insurer may Crenshaw (05/12/09) treatment interventions for pregnant for Health and Family Services shall use the same lead or coordinating au- smokers to be in accordance with pro- adopt administrative regulations re- dit partner of an accountant firm for AN ACT proposing an amend- tocols and guidelines recommended lating to mold remediation standards; preparing the audited financial state- ment to Section 145 of the Constitu- by the Centers for Disease Control and require complaints about mold reme- ment, effective beginning with the tion of Kentucky relating to persons Prevention. diation companies to be directed to the year 2010 statutory audits; amend entitled to vote. Attorney General; establish that the KRS 304.9-020 to define “rental vehi- Propose to amend Section (Prefiled by the sponsor(s).) Attorney General has jurisdiction to cle insurance,” “rental vehicle agent” 145 of the Constitution of Kentucky To: Interim Joint Committee enforce the mold remediation provi- and “rental vehicle agent managing to exclude a convicted felon from the on Health and Welfare sions and the ability to recover litiga- employee”; amend KRS 304.9-133 right to vote only until expiration of tion costs. probation, final discharge from parole, BR 12 - Senator Denise Harp- to delete the requirement that busi- ness entities file an annual report of all or maximum expiration of sentence; er Angel (07/09/09) (Prefiled by the sponsor(s).) designated individuals who were not submit to the voters for ratification or To: Interim Joint Committee terminated on or prior to December rejection. AN ACT relating to the Ken- on Health and Welfare tucky Board of Examiners of Psychol- 31; amend 304.9-150 to remove the (Prefiled by the sponsor(s).) ogy. BR 16 - Representative Rob- requirement that a business entity ap- To: Interim Joint Committee Amend KRS 319.010 to define ert R. Damron (07/14/09) plicant file with its application a certif- on State Government “IPC”; amend definition of “practice icate issued by the Kentucky Secretary of State demonstrating that it can do of psychology”; amend KRS 319.015 AN ACT relating to fire pro- business in Kentucky and a copy of its BR 2 - Representative Jim to clarify restrictions on teachers of tection subdistricts. assumed name certificate; provide that Wayne (06/15/09) psychology, psychological research- Create a new section of KRS a business entity applicant or licens- ers, provider of consultation services, Chapter 75 to allow for dissolution of ee shall not use a name which is the AN ACT relating to taxation or expert testimony and to clarify per- fire subdistricts. and declaring an emergency. mitted usages of written or comput- same or deceptively similar to another Amend KRS 141.020 to in- erized interpretations of psychologi- business entity licensee; amend KRS 304.9-230 to add rental vehicle as a crease the tax rate on income over cal testing by clinical social workers, (Prefiled by the sponsor(s).) limited line of authority subject to the $75,000; amend KRS 141.066 to es- marriage and family therapists, pro- To: Interim Joint Committee general licensing requires for all gen- tablish a refundable earned income tax fessional art therapists, advanced reg- on Local Government credit at 15 percent of the federal cred- istered nurse practitioners, physicians, eral agents; amend KRS 304.9-505, it; amend KRS 140.130 to decouple or occupational therapists, and to allow 304.9-507, and 304.9-509 to conform; BR 20 - Representative Jody repeal KRS 304.9-485, 304.9-501, from the federal estate tax phase-out; temporarily employed nonresidents Richards (10/06/09) amend KRS 139.010, 139.200, and to practice for a limited time; amend 304.9-503, and 304.9-513. 139.480 to make selected services sub- KRS 319.032 to increase continuing AN ACT relating to crimes (Prefiled by the sponsor(s).) ject to sales tax; amend KRS 141.0205 education hours for license renewal; and punishments. To: Interim Joint Committee to recognize changes to income tax amend KRS 319.050 to require appli- Create a new section of KRS on Banking and Insurance credits; make income tax provisions cants to pass national EPPP examina- Chapter 531 to prohibit a person un- apply to tax years beginning on or af- tion, require applicants to pass ethical der 18 years of age from transmitting ter January 1, 2010, make estate tax examination, and empower board of a nude image of himself or herself or BR 24 - Representative Jeff provisions effective for deaths on or psychology to assess acceptability of another person under 18 years of age Greer (06/10/09) after August 1, 2010; make sales tax doctoral degrees in psychology be- to another person by computer or elec- AN ACT relating to insurance provisions effective July 1, 2010. fore admittance to practice; modify tronic means as a violation for the first loss run statements. responsibilities and requirements for offense and a Class B misdemeanor Create a new section of Sub- (Prefiled by the sponsor(s).) “Health Service Providers”; amend for each subsequent offense; provide title 20 of KRS Chapter 304 to define To: Interim Joint Committee KRS 319.053 to allow board of psy- for juvenile court jurisdiction; prohibit terms; require an insurer to provide a on Appropriations and Revenue chology to establish written test for requiring registration as sex offender; loss run statement within ten days of applicants on psychological practice, create new section of KRS Chapter a written request submitted an insured BR 10 - Senator Denise Harp- ethical principles, and the law. 531 to prohibit possession of a nude by or another insurer; provide that the er Angel (07/09/09) image of a person under 18 years of loss run statement shall be for a five- (Prefiled by the sponsor(s).) age as a violation for the first offense year loss run history, or a complete AN ACT relating to childhood To: Interim Joint Committee and a Class B misdemeanor for each history if less than five years; prohibit hearing loss. on Licensing and Occupations subsequent offense; provide for juve- the receiving agent from divulging Amend KRS 211.645 to nile court jurisdiction for person under consumer information to a third party; amend the definition of “Auditory BR 15 - Representative Rob- 18 at time of commission of offense prohibit an insurer from charging a fee screening report”; delete the definition ert R. Damron (09/15/09) and District Court jurisdiction for per- for the first loss run statement; create of “Infant at high risk for late onset, sons over 18; prohibit requiring regis- a new section of Subtitle 99 of KRS progressive hearing loss, or both.” AN ACT relating to mold re- tration as sex offender. mediation standards. Chapter 304 to provide that an insurer or insurer’s agent that does not pro- (Prefiled by the sponsor(s).) Create new sections of Sub- (Prefiled by the sponsor(s).) vide a loss run statement as requested To: Interim Joint Committee chapter 20 of KRS Chapter 224 to To: Interim Joint Committee shall be fined not less than $100 nor on Health and Welfare state the General Assembly’s finding on Judiciary that reasonable standards for the reme- more than $250 for each day the loss BR 11 - Senator Denise Harp- diation of mold in private and public BR 23 - Representative Jeff run statement is not provided. er Angel (07/09/09) settings should be maintained; define Greer (06/10/09) “customer,” “department,” “mold,” (Prefiled by the sponsor(s).) To: Interim Joint Committee AN ACT relating to smoking “mold remediation,” and “mold re- AN ACT relating to insurance on Banking and Insurance cessation. mediation company”; establish the licensing. Amend KRS 205.560 to re- basis for minimum mold remediation Amend KRS 304.3-180 to re-

86 2009 Interim LEGISLATIVE RECORD BR 31 - Representative Bill AN ACT relating to the initial does not possess. Cabinet to designate Kentucky Route Farmer (10/27/09) removal of dead human bodies. Reaffirm the principles of 8 in the city limits of Dayton in honor Create new sections of KRS government expressed by Thomas Jef- and memory of Staff Sergeant Nich- AN ACT relating to taxation Chapter 316 to provide for who shall ferson in a resolution written for the olas R. Carnes and to erect signs on and declaring an emergency. apply for a permit, and who shall be Kentucky legislature in 1798; declare Kentucky Route 8 that read, “Staff Amend various sections of exempt from the permit requirements; that the nation represents a compact Sergeant Nicholas R. Carnes Memo- KRS Chapter 139 to expand the sales establish conditions of eligibility for a among the states, and that the fed- rial Highway.” and use tax base to include certain ser- permit; indicate permit fees and when eral government possesses only the vices, rental of commercial real estate, a permit expires; establish guidelines powers delegated to it by the United (Prefiled by the sponsor(s).) and the sale, rental, or lease of shelf relating to the use of a vehicle; require States Constitution; describe the lim- To: Interim Joint Committee space or any other area to display a the board to promulgate administra- its of federal power under the Ninth on Transportation product; repeal certain exemptions tive regulations relating to the applica- and Tenth Amendments to the United and lower the sales and use tax rate tion procedures and the initial removal States Constitution; determine a meth- BR 58 - Senator Katie Kratz from 6% to 5.5%; create a new sec- of dead human bodies; authorize the od for communicating these principles Stine (06/05/09) tion of KRS Chapter 141 to apply the board to punish permit holders for to other states; declare that any act of provisions of that chapter to taxable violations, and persons engaging in the federal Congress, executive order A JOINT RESOLUTION des- years beginning before January 1, the initial removal without a permit; of the President of the United States, ignating Kentucky Route 8 in the city 2011; amend KRS 141.020, 141.040, require permit holders to complete or judicial order of the federal court limits of Bellevue, Kentucky in honor and 141.0401 to make the individual a course on blood borne diseases re- that assumes a power not delegated and memory of Sergeant Justin A. income tax, corporation income tax, quired by the board and approved by to the United States government will Scott. and the limited liability entity tax ef- the Cabinet for Health and Family constitute a nullification of the United Direct the Transportation fective for taxable years beginning Services before functioning on behalf States Constitution; declare that, upon Cabinet to designate Kentucky Route before January 1, 2011; amend KRS of an entity regulated by this chapter; such a nullification, all powers previ- 8 in the city limits of Bellevue in hon- 138.358 and various sections of KRS amend KRS 316.010 to define “ini- ously delegated to the United States or and memory of Sergeant Justin A. Chapter 139 to conform; repeal KRS tial removal of dead human bodies”; will revert to the several states indi- Scott and to erect signs on Kentucky 139.486; EFFECTIVE July 1, 2010, amend KRS 316.125 to establish who vidually; list some federal actions that Route 8 that read, “Sergeant Justin A. EMERGENCY. may supervise and engage in the ini- would bring about such a nullification; Scott Memorial Highway.” tial removal of dead human bodies in- declare that any future government of (Prefiled by the sponsor(s).) cluding when supervision is required. the United States would require ratifi- (Prefiled by the sponsor(s).) To: Interim Joint Committee cation by three-quarters of the states. To: Interim Joint Committee on Appropriations and Revenue (Prefiled by the sponsor(s).) on Transportation To: Interim Joint Committee (Prefiled by the sponsor(s).) BR 38 - Representative Tom on Licensing and Occupations To: Interim Joint Committee BR 60 - Representative Riner (06/25/09) on State Government Charles Siler (06/23/09) BR 49 - Representative Ar- AN ACT relating to shock nold Simpson (08/10/09) BR 54 - Representative Stan AN ACT relating to Kentucky probation. Lee, Representative Joseph State Parks. Amend KRS 439.265 to pro- AN ACT relating to criminal M. Fischer, Representative Create a new section of KRS hibit shock probation until either ser- record expungement. Thomas Kerr (06/02/09) Chapter 148 to provide qualified Ken- vice of one year of imprisonment or Create a new section of KRS tucky residents who are permanently completion of a comprehensive sub- Chapter 431 to allow a person convict- A CONCURRENT RESO- and totally disabled veterans an ex- stance abuse treatment with supple- ed of one Class D felony or a series of LUTION claiming sovereignty over emption from the relevant overnight mental character and education com- Class D felonies arising out of a single powers not granted to the federal gov- accommodations rate at any Kentucky ponents; amend to allow victim’s event to petition to have the felony ernment by the United States Consti- State Park; require the exemption to next-of-kin to consent in writing to record expunged under specified cir- tution; serving notice to the federal apply to a maximum of three over- granting shock probation to the defen- cumstances; amend KRS 431.078, re- government to cease mandates beyond night stays per calendar year at lodge dant; provide for short title, “The Ken- lating to misdemeanor expungements, its authority; and stating Kentucky’s rooms and campsites at any Kentucky tuckians against Drunk Driving Act.” to begin the five-year waiting period position that federal legislation that State Park, with each stay limited to from the date of adjudication of the requires states to comply under threat a maximum of three days; require the (Prefiled by the sponsor(s).) offense; amend KRS 527.040, relating of loss of federal funding should be exemption to be subject to space avail- To: Interim Joint Committee to possession of a firearm by a felon, prohibited or repealed. ability; limit reservations during peak on Judiciary to exempt individuals who have had Declare state sovereignty over months to Sunday through Thursday; their felony records expunged; create powers not given to the federal gov- require that administrative regulations BR 47 - Representative Jody a new section of KRS Chapter 431 to ernment by the U. S. Constitution; de- shall be promulgated to define peak Richards (07/30/09) require the Administrative Office of mand the federal government to cease periods, establish a ten day reservation the Courts to keep a confidential index mandates beyond constitutionally del- window, define applicable lodging, AN ACT relating to highway of expungement orders for utilization egated powers; prohibit federal legis- and regulations relating to the proof signs. in the preparation of presentence in- lation requiring state passage of laws of eligibility for persons entitled to the Amend KRS 177.078 to per- vestigations. under threat of penalties or sanctions; exemption. mit an applicant approved for a lim- direct the Clerk to distribute copies of ited supplemental guide sign to have (Prefiled by the sponsor(s).) the Resolution. (Prefiled by the sponsor(s).) the option to reimburse the Transpor- To: Interim Joint Committee To: Interim Joint Committee tation Cabinet in full for the sign and on Judiciary (Prefiled by the sponsor(s).) on Economic Development and Tour- its installation or to amortize the re- To: Interim Joint Committee ism imbursement costs for a period not to BR 50 - Representative Ron on State Government exceed 10 years. Crimm (07/29/09) BR 65 - Representative Ron BR 57 - Senator Katie Kratz Crimm (06/03/09) (Prefiled by the sponsor(s).) A CONCURRENT RESOLU- Stine (06/05/09) To: Interim Joint Committee TION affirming the principles of the AN ACT relating to domestic on Transportation Ninth and Tenth Amendments to the A JOINT RESOLUTION des- relations and declaring an emergency. United States Constitution and declar- ignating Kentucky Route 8 in the city Amend KRS 403.200, relat- BR 48 - Representative Ar- ing that the United States Constitution limits of Dayton, Kentucky in honor ing to temporary orders, to permit a nold Simpson (10/20/09) will be nullified if the federal govern- and memory of Staff Sergeant Nicho- court to provide for wage assignment ment assumes further powers that it las R. Carnes. and automatic electronic transfer of Direct the Transportation funds for payment of spousal mainte- THE KENTUCKY GENERAL ASSEMBLY 87 nance; amend KRS 403.270, relating investment of the fund balances be Montell (07/28/09) law issues that need to be resolved, to to custodial issues, to add the promo- governed by KRS 42.500. the Interim Joint Committee on State tion of a healthy relationship between AN ACT relating to school at- Government by October 31, 2010. the child and other custodian or par- (Prefiled by the sponsor(s).) tendance. ent as a factor for the consideration of To: Interim Joint Committee Amend KRS 158.070 to al- (Prefiled by the sponsor(s).) awarding custody of children; amend on Appropriations and Revenue low students to be counted present at To: Interim Joint Committee KRS 530.050, relating to nonsupport school when participating in school- on State Government and flagrant nonsupport, to add spouse BR 75 - Representative Rick sponsored regional or state sports com- and former spouse; EMERGENCY. G. Nelson (07/09/09) petitions sanctioned by the Kentucky BR 87 - Representative Ar- Board of Education or its designated nold Simpson (08/05/09) (Prefiled by the sponsor(s).) AN ACT relating to the Edu- agency if the competition occurs on To: Interim Joint Committee cation Professional Standards Board. a regularly scheduled school day; re- AN ACT relating to open re- on Judiciary Amend KRS 161.028 to add quire students to make up any missed cords. the chairpersons of the Interim Joint assignments; amend KRS 158.649 to Amend KRS 61.870 to in- BR 66 - Representative Ron Committee on Education as ex officio conform. clude in the definition of public agen- Crimm (07/29/09) members of the Education Profession- cy those bodies that participate in the al Standards Board. (Prefiled by the sponsor(s).) state retirement systems. AN ACT relating to the gross To: Interim Joint Committee revenues and excise tax fund and de- (Prefiled by the sponsor(s).) on Education (Prefiled by the sponsor(s).) claring an emergency. To: Interim Joint Committee To: Interim Joint Committee Amend KRS 136.650 to in- on Education BR 86 - Representative Brad on State Government crease the “hold-harmless amount” for Montell (10/02/09) fiscal year 2010-2011 and every fiscal BR 79 - Representative Brad BR 93 - Representative Mary year thereafter; amend KRS 136.654 Montell (10/12/09) AN ACT relating to retire- Lou Marzian (07/08/09) to require the Department of Revenue ment. to determine if it is necessary for a AN ACT relating to public Amend KRS 6.505 to close AN ACT proposing to repeal participating political subdivision to school academies. the Legislators’ Retirement Plan to Section 233A of the Constitution of certify its total tax receipts; EMER- Create new sections of KRS legislators who have not previously Kentucky relating to marriage. GENCY. Chapter 160 to describe the intent of participated in the plan and who begin Propose to amend the Consti- the General Assembly and the pur- their first term of office on or after July tution of Kentucky to repeal the defi- (Prefiled by the sponsor(s).) poses of authorizing public school 1, 2011; create new sections of KRS nition of marriage; submit to voters To: Interim Joint Committee academies; define terms; outline Chapter 6 to establish the Legislators’ for approval or disapproval. on Appropriations and Revenue the requirements and limitations on Defined Contribution Plan for legisla- the establishment of public school tors who begin their first term of office (Prefiled by the sponsor(s).) BR 70 - Senator Gary Tapp academies including which agencies on or after July 1, 2011; provide that the To: Interim Joint Committee (09/25/09) may sponsor an academy; describe a plan shall be administered by the Ken- on State Government sponsor’s roles and responsibilities; tucky Deferred Compensation Author- AN ACT relating to motor ve- describe exemptions from law and ity; allow the authority to utilize plans BR 95 - Representative Dar- hicle repair claims. required compliance areas for public already established or to establish new ryl T. Owens (08/28/09) Create a new section of Sub- school academies; describe the appli- plans to administer the Legislators’ title 9 of KRS Chapter 304 to define cation, approval, and renewal process- Defined Contribution Plan; provide AN ACT relating to crimes “claimant,” “deceptive referral,” es; describe application process for an employer match of up to 5 percent and punishments. “request or require,” and “usual and existing schools to convert to public of the legislator’s wages; provide that Amend KRS 532.356 to re- customary rate”; set forth insurer no- school academies; create new sections a legislator participating in the plan move the provisions requiring the tification requirements regarding the of KRS Chapter 156 to list the Ken- shall be vested for employer contribu- withdrawal of driving privileges for ability of a claimant to choose their tucky Department of Education’s and tions on a sliding scale that fully vests persons convicted of a theft offense own provider for vehicle repairs; set the Kentucky Board of Education’s the legislator for the employer con- who have not paid court ordered res- forth requirements for payment of ve- roles and responsibilities relating to tributions at five years; provide that titution; include non-codified transi- hicle accident claims; prohibit insur- public school academies; require the the benefits provided by the Legisla- tional provisions for persons whose ance companies requesting or requir- Kentucky Board of Education to es- tors’ Defined Contribution Plan shall driving privileges had been previously ing that claim work be performed at tablish a Kentucky Public School not constitute an inviolable contract removed. a particular shop; prohibit insurance Academy Commission for reviewing of the Commonwealth; amend KRS companies from engaging in deceptive and approving public school academy 18A.245 to establish responsibilities (Prefiled by the sponsor(s).) referral practices; amend KRS 304.99- applications; identify the academy of the board of the Kentucky Deferred To: Interim Joint Committee 110 to set penalties for violations. commission membership, members’ Compensation Authority to administer on Judiciary terms of office, and payment for mem- the Legislators’ Defined Contribution (Prefiled by the sponsor(s).) bers’ services; create a new section of Plan; amend KRS 61.680 and 161.607, BR 96 - Senator Julie Denton To: Interim Joint Committee KRS Chapter 157 to direct how state, governing the Kentucky Retirement (10/15/09) on Banking and Insurance local, and federal funds shall be used Systems and the Kentucky Teachers’ to support public school academies; Retirement System, to clarify that a AN ACT relating to health BR 73 - Representative Fitz amend KRS 157.370 to allow a public legislator who begin his or her first care services provided in clinical trials Steele (07/16/09) school academy to receive transpor- term of office on or after July 1, 2011, for the treatment of cancer. tation funds; create a new section of shall not participate in these plans as a Create a new section of Subti- AN ACT relating to invest- KRS 160 to provide that professional result of service in the General Assem- tle 17A of KRS Chapter 304 to prohib- ment of the Local Government Eco- negotiated contracts cannot override bly; provide that the service earned in it a health benefit plan from excluding nomic Assistance Fund balances. provisions for public school acade- the Legislators’ Defined Contribution coverage for routine patient healthcare mies; amend KRS 156.704, 156.255, Plan may be used for purposes of de- costs that are incurred in the course of Amend KRS 42.450 to elimi- 156.265, and 156.480 to conform. termining eligibility for retirement in a cancer clinical trial if the health ben- nate the requirement that balances in the state-administered retirement sys- efit plan would provide coverage for the Local Government Economic As- (Prefiled by the sponsor(s).) tems, but not the amount of benefits; the routine patient healthcare cost had sistance Fund be invested in United To: Interim Joint Committee require the board of the Legislators’ it not been incurred in a cancer clini- States Government Securities matur- on Education Defined Contribution Plan to provide cal trial; provide that nothing in this ing not later than one year from the an update on the development of the section requires a policy to offer, nor date of investment and require that BR 82 - Representative Brad plan, including any state or federal prohibit a policy from offering, cancer

88 2009 Interim LEGISLATIVE RECORD clinical trial services by a participat- AN ACT relating to the De- on Transportation BR 122 - Senator Ray S. Jones ing provider; provide that nothing in partment of Corrections. II (09/09/09) this section requires services that are Create a new section of KRS BR 120 - Representative Jody performed in a cancer clinical trial by Chapter 197 to prohibit any privatized Richards (09/25/09) AN ACT relating to personal a non-participating provider of a pol- inmate food service in the state’s pris- identification cards. icy to be reimbursed at the same rate ons. AN ACT relating to criminal Amend KRS 186.412 to allow as those performed by a participating gangs. holders of personal ID cards who have provider of the policy. (Prefiled by the sponsor(s).) Create new sections of KRS been diagnosed with autism to receive To: Interim Joint Committee Chapter 17 to permit law enforcement a sticker identifying that condition to (Prefiled by the sponsor(s).) on Judiciary and prosecution agencies to share place on the ID card. To: Interim Joint Committee criminal gang information; create a on Banking and Insurance BR 115 - Representative Stan new section of KRS Chapter 431 to (Prefiled by the sponsor(s).) Lee (07/22/09) permit an action for civil damages in To: Interim Joint Committee BR 98 - Representative David criminal gang activity and criminal on Transportation Floyd, Representative Darryl AN ACT relating to charter gang recruitment cases; create a new T. Owens (07/02/09) schools. section of KRS Chapter 431 to permit BR 123 - Representative Jody Create new sections of KRS courts to enjoin criminal gang activ- Richards (08/25/09) AN ACT relating to mental Chapter 160 to describe the intent of ity and criminal gang recruitment ac- illness. the General Assembly and the purposes tivity; create a new section of KRS AN ACT relating to the Ken- Amend KRS 532.130 to de- of authorizing public charter schools; Chapter 506 to create definitions relat- tucky educator award and recognition fine severe mental illness; amend KRS define terms; outline the requirements ing to criminal gangs; create new sec- fund and making an appropriation 532.135 to include a severely mentally and limitations on the establishment tions of KRS Chapter 506 to create the therefor. ill defendant; amend KRS 532.140 to of charter schools; describe local crimes of criminal gang recruitment in Create a new section of KRS include severely mentally ill offender board of education’s roles and respon- the first degree and second degree and chapter 156 to establish the Kentucky and to establish effective date. sibilities; describe exemptions from permit seizure and forfeiture of crimi- educator award and recognition fund law and required compliance areas for nal gang assets and property; amend to provide matching funds for schools (Prefiled by the sponsor(s).) charter schools; describe the applica- KRS 506.150 relating to evidence that have state and national award To: Interim Joint Committee tion, approval, and renewal processes; necessary to establish criminal gang winning educators who received cash on Judiciary describe process and application pro- activity; repeal KRS 506.140 relating awards or an equivalent benefit; -re cess for existing schools to convert to to criminal gang recruitment and defi- quire the Kentucky Department of BR 107 - Representative Jim charter schools; create new sections of nitions. Education to administer the fund. Glenn (10/05/09) KRS Chapter 156 to list the Kentucky Department of Education’s and the (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) AN ACT relating to college Kentucky Board of Education’s roles To: Interim Joint Committee To: Interim Joint Committee student financial awareness. and responsibilities relating to charter on Judiciary on Education Create a new section of KRS school; require the Kentucky Board Chapter 164 to require public post- of Education to establish a Kentucky BR 121 - Senator Ray S. Jones BR 124 - Representative Da- secondary institutions to provide new Charter School Advisory Committee II (08/03/09) vid Floyd, Representative Bill undergraduates with information re- for reviewing charter school applica- Farmer (08/04/09) garding credit cards and debt manage- tions; create a new section of KRS AN ACT relating to health in- ment and encourage them to conduct Chapter 157 to direct how state, lo- surance. A CONCURRENT RESO- informational sessions; encourage cal, and federal funds shall be used Create a new section of subti- LUTION urging support for the Sec- nonpublic postsecondary institutions to support charter schools; amend tle 17A of KRS Chapter 304 to define ond Amendment of the United States to provide new undergraduates with KRS 156.074, 156.255, 156.265, and applied behavior analysis,” “autism Constitution and urging Congress not information regarding credit cards 156.480 to conform. services provider,” “autism spectrum to enact any law that would infringe and debt management and to conduct disorder,” “diagnosis of autism spec- on the right to bear arms under the informational sessions; permit institu- (Prefiled by the sponsor(s).) trum disorders,” “habilitative or re- Constitution of Kentucky. tions to utilize existing debt education To: Interim Joint Committee habilitative care,” “medically neces- Urge support for the Second materials from nonprofit entities; and on Education sary,” “pharmacy care,” “psychiatric Amendment of the United States Con- require the Kentucky Higher Educa- care,” “psychological care,” “thera- stitution; urge Congress not to enact tion Assistance Authority to assist BR 118 - Representative Rick peutic care,” and “treatment for au- any law that infringes on the right to institutions in identifying appropriate G. Nelson (08/05/09) tism spectrum disorders”; create new bear arms under the Constitution of materials and curricula. section of subtitle 17A of KRS 304 Kentucky. AN ACT relating to personal that requires health policies covered (Prefiled by the sponsor(s).) communication devices. in this subtitle to provide coverage for (Prefiled by the sponsor(s).) To: Interim Joint Committee Create a new section of KRS the diagnosis and treatment of autism To: Interim Joint Committee on Education Chapter 189 to prohibit the use of a spectrum disorders and their related on State Government personal communication device for conditions; prohibit insurance policies BR 108 - Representative Jim any person under the age of 18 while from limiting the number of visits an BR 132 - Representative Jody Glenn (10/05/09) operating a motor vehicle; provide for insured may make for such services; Richards (07/30/09) exclusions; create a new section of allow services provided by this sec- AN ACT designating burgoo KRS Chapter 189 to prohibit text mes- tion to be subject to copayment, de- A CONCURRENT RESO- as the state dish. saging while operating a motor vehi- ductible, and coinsurance provisions; LUTION directing the Legislative Create a new section of KRS cle; provide for certain exclusions; give insurers the right to request a re- Research Commission to create a task Chapter 2 naming and designating amend KRS 189.990 to set penalties view of treatment not more than once force to establish a strategy to provide burgoo as the state dish. for violations for this Act; provide for every 12 months unless the insured’s home laptop computers for middle a probationary period ending Novem- physician or psychologist agrees that school students. (Prefiled by the sponsor(s).) ber 1, 2010, where courtesy warnings a more frequent review is necessary; Direct the Legislative Re- To: Interim Joint Committee will be issued; set a fine of $50 for amend KRS 18A.225 to conform. search Commission to establish a leg- on State Government each offense after the probationary pe- islative task force to establish a strat- riod; exempt fines from court costs. (Prefiled by the sponsor(s).) egy to provide home laptop computers BR 114 - Representative Brent To: Interim Joint Committee for middle school students; establish Yonts (08/26/09) (Prefiled by the sponsor(s).) on Banking and Insurance task force by August 1, 2010; report To: Interim Joint Committee findings to appropriate committee or

THE KENTUCKY GENERAL ASSEMBLY 89 committees no later than December 1, with a minimum fee of $150, to be (10/12/09) 2010. divided equally between the Depart- BR 169 - Representative Rick ment of Agriculture and the appropri- AN ACT relating to sales tax G. Nelson (09/21/09) (Prefiled by the sponsor(s).) ate sheriff’s department; require li- on alcohol. To: Interim Joint Committee censees to provide the Department of Amend KRS 139.470 to ex- AN ACT relating to school on Education Agriculture with names and addresses empt gross receipts from the sale of district vehicles and declaring an of any grower or buyer of industrial distilled spirits, wine, and malt bever- emergency. BR 133 - Representative Jody hemp and copies of any contracts the ages, not consumed on the premises, Create a new section of KRS Richards (07/30/09) licensee may have entered into relat- from sales and use tax; effective Au- 160 to prohibit local school boards ing to the industrial hemp; clarify that gust 1, 2010. from providing a district employee the AN ACT relating to dating the Act does not authorize any person use of a district-owned or leased vehi- violence. to violate federal law. (Prefiled by the sponsor(s).) cle, except for buses and maintenance Amend KRS 403.720 to in- To: Interim Joint Committee vehicles; allow a district employee to clude dating partners among the class (Prefiled by the sponsor(s).) on Appropriations and Revenue be reimbursed for mileage when using of persons allowed to obtain domes- To: Interim Joint Committee (Prefiled by the sponsor(s).) a personal vehicle for school or dis- tic violence protective orders; amend on Agriculture trict business outside the school dis- KRS 431.005 to reference the defini- BR 164 - Representative Hu- trict boundaries. tion of “unmarried couple” in KRS BR 142 - Representative Fitz bert Collins (09/02/09) 403.720. Steele (09/17/09) (Prefiled by the sponsor(s).) AN ACT relating to special To: Interim Joint Committee (Prefiled by the sponsor(s).) A JOINT RESOLUTION license plates. on Education To: Interim Joint Committee naming a portion of Kentucky Route Amend KRS 186.164 to clarify on Judiciary 840 in Harlan County in honor of Jer- procedures to follow when the Trans- BR 172 - Representative Dar- ry Chesnut. portation Cabinet denies a group’s ap- ryl T. Owens (08/28/09) BR 135 - Representative Will Direct the Transportation plication for a special license plate. Coursey (08/05/09) Cabinet to designate the “Jerry Ches- AN ACT proposing to amend nut Highway” on Kentucky Route 840 (Prefiled by the sponsor(s).) Section 228 of the Constitution of AN ACT relating to water in Harlan County and erect appropri- To: Interim Joint Committee Kentucky. transportation and making an appro- ate signs. on Transportation Propose to amend Section 228 priation therefor. of the Constitution of Kentucky to de- Create new sections of KRS (Prefiled by the sponsor(s).) BR 165 - Senator John Schick- lete language regarding duels; submit Chapter 174 to establish the Water To: Interim Joint Committee el (10/09/09) to the voters for approval or disap- Transportation Advisory Board as an on Transportation proval. advisory body to the executive and leg- A RESOLUTION supporting islative branches of government; pro- BR 145 - Representative Joni Charles “Ed” Massey’s candidacy for (Prefiled by the sponsor(s).) vide for members, terms, and admin- L. Jenkins (08/12/09) the post of secretary-treasurer of the To: Interim Joint Committee istrative procedures; specify duties; National School Boards Association. on State Government create a riverport marketing assistance AN ACT relating to dating Support Charles “Ed” trust fund to be administered by the violence. Massey’s candidacy for the post of BR 174 - Representative Jim- Cabinet for Economic Development; Amend KRS 403.720 relating secretary-treasurer of the National my Higdon (09/01/09) provide for grants of up to $15,000 per to domestic violence orders to include School Boards Association. project or $30,000 per applicant annu- dating partners among the class of per- AN ACT relating to auto- ally for specified marketing activities; sons allowed to obtain domestic vio- (Prefiled by the sponsor(s).) mated or recorded political telephone create a riverport financial assistance lence protective orders; amend KRS To: Interim Joint Committee messages. trust fund to be administered by the 431.005 relating to arrests by peace on Education Amend KRS 367.46951 to de- Transportation Cabinet; provide for officers to reference the definition of fine “prerecorded political message”; financial assistance for new construc- “unmarried couple” including dating BR 168 - Representative Rick amend KRS 367.46955 to prohibit the tion and major replacement or repair partners in KRS 403.720. G. Nelson (08/20/09) delivery of prerecorded political mes- projects for Kentucky’s riverports; sages to telephone numbers on the na- provide for matching grants. (Prefiled by the sponsor(s).) AN ACT relating to public tional Do Not Call Registry. To: Interim Joint Committee safety. (Prefiled by the sponsor(s).) on Judiciary Create a new section of KRS (Prefiled by the sponsor(s).) To: Interim Joint Committee Chapter 177 to require the department To: Interim Joint Committee on Transportation BR 150 - Representative Jim of highways to inspect all public rail- on State Government Gooch Jr. (11/20/09) road grade crossings with an average BR 139 - Senator Joey Pend- daily traffic count of 700 vehicles or BR 176 - Representative Jim- leton (09/02/09) AN ACT relating to motor ve- more at least 2 times per year; require my Higdon (09/01/09) hicle license plates. results of inspection to be kept on file AN ACT relating to industrial Create a new section of KRS for 5 years; require the department to AN ACT relating to retire- hemp. Chapter 186 to establish an “In God promulgate administrative regulations ment. Create new sections of KRS We Trust” license plate as an alternate to establish standards for railroad Amend KRS 6.525, relating Chapter 260 to define “department,” standard-issue license plate; set forth grade crossings; specify that within 30 to legislative retirement, to prevent “industrial hemp,” and “THC”; re- design characteristics and eligibil- days of being notified that a crossing is members of the General Assembly quire persons wanting to grow or pro- ity standards; amend KRS 186.240 substandard that the railroad company who first take office after the effective cess industrial hemp to be licensed by to conform; EFFECTIVE January 1, submit plans for improvement; per- date of this Act from consolidating the Department of Agriculture; require 2011. mit the department to issue an order their accounts under various retire- criminal history checks by local sher- to the railroad company to make im- ment systems for the purpose of deter- iff; require the Department of Agri- (Prefiled by the sponsor(s).) provement to a railroad grade crossing mining benefits. culture to promulgate administrative pursuant to the procedures set forth in regulations to carry out the provisions BR 159 - Representative Bill KRS 177.150 through 177.210. (Prefiled by the sponsor(s).) of the Act; require sheriff to monitor Farmer, Representative Jim To: Interim Joint Committee and randomly test industrial hemp DeCesare, Representative (Prefiled by the sponsor(s).) on State Government fields; assess a fee of $5 per acre for Alecia Webb-Edgington, Rep- To: Interim Joint Committee every acre of industrial hemp grown, resentative Addia Wuchner on Transportation BR 178 - Representative Jim-

90 2009 Interim LEGISLATIVE RECORD my Higdon (09/01/09) Crenshaw (08/27/09) native language and heritage. insurance purposes; amend KRS 304.17A-527 to require that an agree- AN ACT proposing an amend- AN ACT relating to inmates. (Prefiled by the sponsor(s).) ment between a managed care plan ment to Sections 36 and 42 of the Con- Amend KRS 196.180 to re- To: Interim Joint Committee and an acute-care hospital shall in- stitution of Kentucky relating to legis- quire wardens to expunge dismissed on State Government clude provisions for a term of not less lative sessions. or voided inmate disciplinary reports. than 3 years, a 6-month notice to the Propose an amendment to BR 199 - Representative John plan and the executive director of the Sections 36 and 42 of the Kentucky (Prefiled by the sponsor(s).) A. Arnold Jr. (10/27/09) department of insurance by the acute- Constitution to limit legislative ses- To: Interim Joint Committee care hospital prior to termination or sions of the General Assembly to 30 on Judiciary AN ACT relating to the opera- nonrenewal, procedures to ensure con- days each year. tion of golf carts on public roads. tinuity of care for covered persons not BR 185 - Representative Tom Amend KRS 189.286, relating less than 30 days prior to termination, (Prefiled by the sponsor(s).) Burch, Representative Jim to the ability of local governments to no less than 20 days notice prior to ter- To: Interim Joint Committee Wayne (09/17/09) allow operation of golf cart on roads mination by the managed care plan to on State Government under their control, to expand the al- the covered person of the procedures AN ACT relating to the aboli- lowable distance from a golf course to follow for continuity of care includ- BR 180 - Representative Jody tion of the death penalty. from five miles to seven miles. ing an expedited internal appeal pro- Richards (09/04/09) Create a new section of KRS cess and an expedited external appeal Chapter 532 to abolish the death pen- (Prefiled by the sponsor(s).) if necessary, and a provision requiring AN ACT relating to personal alty and require the court with jurisdic- To: Interim Joint Committee mediation or binding arbitration be- communication devices. tion over a person sentenced to death on Transportation tween the managed care plan and the Create a new section of KRS to sentence the person to imprison- acute-care hospital for any dispute re- Chapter 189 to define “personal com- ment for life without benefit of proba- BR 202 - Senator Julie Denton garding a covered person’s access to munication device”; prohibit text tion or parole; amend KRS 24A.110, (09/28/09) continuity of care in the event of ter- messaging while operating a motor 27A.430, 431.060, 431.215, 431.510, mination or nonrenewal of the provid- vehicle; provide for specific exclu- 439.265, 506.010, 506.030, 506.040, AN ACT relating to sexual er agreement; amend KRS 304.17B- sions; amend KRS 189.990 to set 506.080, 507.020, 509.040, 520.120, abuse. 001 to confirm. penalties; provide for a probationary 527.200, 532.030, 532.040, 532.050, Amend KRS 510.110, relat- period ending January 1, 2011, dur- 532.100, 532.140, 533.010, 610.265, ing to sexual abuse in the first degree, (Prefiled by the sponsor(s).) ing which courtesy warnings will be 635.020, 635.090, 640.040, 17.176, to prohibit certain persons employed To: Interim Joint Committee issued; set fine for violation at $20 to 507A.020, and 422.285 to con- by or associated with an agency or on Health and Welfare $100 for each offense after the proba- form; repeal KRS 422.287, 431.213, facility responsible for detention or tionary period; exclude court costs. 431.2135, 431.218, 431.220, 431.223, treatment from having sexual contact BR 216 - Representative Tom 431.224, 431.240, 431.250, 431.260, with persons incarcerated, supervised, Burch, Representative Bob M. (Prefiled by the sponsor(s).) 431.270, 507A.060, 532.025, 532.075, evaluated, or treated by those agencies; DeWeese (10/21/09) To: Interim Joint Committee 532.300, 532.305, and 532.309, relat- amend KRS 510.120 to conform. on Transportation ing to the death penalty. AN ACT relating to the Colon (Prefiled by the sponsor(s).) Cancer Screening Program, and mak- BR 181 - Senator Bob Leeper (Prefiled by the sponsor(s).) To: Interim Joint Committee ing an appropriation therefor. (11/17/09) To: Interim Joint Committee on Judiciary Amend KRS 214.542 to per- on Judiciary mit the Department for Public Health to AN ACT relating to nuclear BR 210 - Representative John adopt a schedule of income-based fees power. BR 187 - Representative Fitz Tilley (10/26/09) to be charged for colon cancer screen- Amend KRS 278.600 to de- Steele, Representative Fred ings; require that the fee schedule be fine “storage” and amend a definition Nesler (09/18/09) AN ACT relating to encour- such that the screenings are available to require that nuclear power facilities aging health lifestyles. to the largest number of people; cre- have a plan for the storage of nuclear AN ACT relating to sales Create new sections in KRS ate a new section of KRS 214.540 to waste rather than a means for perma- and use tax holidays and declaring an Chapter 141 to establish a wellness 214.544 to create the Kentucky Colon nent disposal; amend KRS 278.610 to emergency. project credit; create a new section Cancer Screening Program fund and delete the requirement that the Public Create a new section of KRS in KRS Chapter 131 to require the establish the parameters of the fund; Service Commission certify the facil- chapter 139 to establish a 3 day sales department to report data annually to require moneys in the fund to be used ity as having a means for disposal of and use tax holiday the first weekend the Legislative Research Commission; by the department to administer KRS high-level nuclear waste; change all in August each year to exempt cloth- amend KRS 141.0205 to place the 214.540 to 214.544; provide that mon- references to the disposal of nuclear ing, school supplies, school art sup- new credit within the credit-ordering eys remaining in the fund at the end waste to the storage of nuclear waste; plies, computers, and school computer statute; create a new section in KRS of the fiscal year will carry forward prohibit construction of low-level supplies; EMERGENCY. Chapter 194A to require the Cabinet into the succeeding fiscal year inter- waste disposal sites in the Common- for Health and Family Services to de- est earned on moneys in the fund will wealth except as provided in KRS (Prefiled by the sponsor(s).) velop an employer wellness project accrue to the account; provide that 211.852; require the Public Service To: Interim Joint Committee model and require a certification pro- moneys are appropriated for purposes Commission to determine whether the on Appropriations and Revenue cess for all employer-provided pro- set forth in KRS 214.540 to 214.544; construction or operation of a nuclear grams. appropriate $1,000,000 in fiscal year power facility, including ones con- BR 197 - Representative Rick 2010-2011 and $2,000,000 in fiscal structed by entities regulated under G. Nelson (10/01/09) (Prefiled by the sponsor(s).) year 2011-2012 to the department for KRS Chapter 96, would create low- To: Interim Joint Committee deposit in the Kentucky Colon Cancer Screening Program fund. level nuclear waste or mixed wastes A JOINT RESOLUTION on Appropriations and Revenue that would be required to be disposed commending the Ridgetop Shawnee of in low-level nuclear waste disposal BR 213 - Representative Larry Tribe of Indians for their efforts on (Prefiled by the sponsor(s).) sites in the Commonwealth; repeal behalf of preserving Native American Clark (09/02/09) KRS 278.605. To: Interim Joint Committee heritage. on Health and Welfare Commend the Ridgetop Tribe AN ACT relating to continu- (Prefiled by the sponsor(s).) of Shawnee Indians for their efforts ity of health care. to help their elderly and their youth; Amend KRS 304.17A-500 to BR 218 - Representative Fitz BR 182 - Representative Jesse recognize their work to preserve their define “acute-care hospital” for health Steele (11/05/09)

THE KENTUCKY GENERAL ASSEMBLY 91 A RESOLUTION declar- Amend KRS 620.090 to pro- Create a new section of KRS AN ACT relating to the indi- ing Harlan County as the home of vide that children who are in tempo- Chapter 17 to permit named agencies vidual income tax. 2008 Kentucky State Festival Pageant rary custody for a period not exceeding to operate a criminal gang database Create a new section in KRS Grand Supreme, Rylie Jo Makenzie 45 days from the date of the removal and share the information with named Chapter 141 to exclude from individ- Maggard. from his home may be in the custody agencies; define which information ual income tax for eight consecutive Declare Harlan County the of the Cabinet for Health and Family may be included in a criminal gang calendar quarters the amount of wages home of 2008 Kentucky State Festi- Services or with another appropriate database; specify which local, state, paid by a qualifying small business val Pageant Grand Supreme, Rylie Jo person or agency. and federal agencies may access in- that has no more than five employ- Makenzie Maggard. formation in a criminal gang data- ees and registers with the department; (Prefiled by the sponsor(s).) base on a need to know basis; create amend KRS 141.010 and 141.310 to (Prefiled by the sponsor(s).) To: Interim Joint Committee a new section of KRS Chapter 431 to conform. on Health and Welfare permit crime victims to sue persons BR 222 - Representative Jim- convicted of criminal gang activity for (Prefiled by the sponsor(s).) my Higdon (09/03/09) BR 231 - Representative Linda treble damages; permit a person who To: Interim Joint Committee Belcher (09/22/09) is the victim of criminal gang activity on Appropriations and Revenue AN ACT relating to prima- to bring court action to enjoin crimi- ries. AN ACT relating to digital nal gang activity; create a new section BR 250 - Representative Tom Amend KRS 116.055 to per- citizenship. of KRS Chapter 506 to define what Burch (10/15/09) mit a registered independent to vote in Amend KRS 156.660 to de- constitutes a criminal gang and other the primary of one party for each pri- fine “digital citizenship” as a set of terms related to criminal gangs; create AN ACT relating to acupunc- mary; amend KRS 118.125 to provide characteristics that conceptualize the the crimes of criminal gang recruit- ture. that a primary candidate shall not be rewards as well as risks facing all tech- ment in the first degree and criminal Amend various sections of a registered independent; amend KRS nology users; set forth the characteris- gang recruitment in the second degree; KRS 311.671 to 311.686 to change 117.125 to provide that electronic vot- tics; amend KRS 156.675 to require provide for seizure of money or prop- acupuncture from a certified to a - li ing machines be reprogrammed to al- the Kentucky Board of Education to erty used in or the proceeds of crimi- censed profession; amend KRS low a registered independent to vote promulgate an administrative regula- nal gang related activity; amend KRS 311.676 to increase penalty for prac- for a party’s candidates in a primary. tion to require that each local school 506.150 relating to establishing the ticing acupuncture without a license to board shall implement an acceptable existence of a criminal gang to reduce a Class D felony; amend KRS 311.680 (Prefiled by the sponsor(s).) use policy that requires all school dis- from 5 to 3 the number of persons to clarify the definition of potentially To: Interim Joint Committee trict employees who use technology involved in the activity; repeal KRS serious disorders or conditions. on State Government to comply with the policy which shall 506.140 relating to definitions for the include the characteristics of digital chapter. (Prefiled by the sponsor(s).) BR 228 - Representative Linda citizenship; amend KRS 156.095 to To: Interim Joint Committee Belcher (10/29/09) include technology and the charac- (Prefiled by the sponsor(s).) on Licensing and Occupations teristics of digital citizenship in the To: Interim Joint Committee AN ACT relating to the re- professional development activities on Judiciary BR 251 - Representative Greg porting of stolen items with vehicle which shall be provided for teachers; Stumbo, Representative Rocky identification numbers. and amend KRS 158.148 to require lo- BR 238 - Representative My- Adkins, Representative Larry Create a new section of KRS cal school districts to include in their ron Dossett (10/26/09) Clark, Representative Hubert Chapter 186 to require a law enforce- student behavior codes behavior as it Collins, Representative Will ment agency to enter a stolen item relates to being a good digital citizen. AN ACT relating to motor ve- Coursey, Representative Rob- with a vehicle identification number hicle license plates. ert R. Damron, Representative into the NCIC database. (Prefiled by the sponsor(s).) Amend KRS 186.041 to al- To: Interim Joint Committee low the purchase of an unlimited num- Mike Denham, Representative (Prefiled by the sponsor(s).) on Education ber of special military-related license Tim Firkins, Representative plates; allow persons to purchase ad- Kelly Flood, Representative BR 229 - Representative Linda BR 232 - Representative Linda ditional Gold Star Mothers or Gold Keith Hall, Representative Belcher (09/22/09) Belcher (09/22/09) Star Spouses special license plates be- Sannie Overly, Representative yond the two currently exempted from Ruth Ann Palumbo, Repre- AN ACT relating to the care AN ACT relating to suicide fees; amend KRS 186.162 to establish sentative Tom Riner, Rep- of individuals with mental retardation prevention training. fees for additional Gold Star Mothers resentative John Will Stacy or other developmental disorders. Amend KRS 156.095 to re- or Gold Star Spouses special license (09/24/09) Repeal and reenact KRS quire the Cabinet for Health and Fam- plates. 202B.070, relating to the duty of in- ily Services to post suicide prevention AN ACT relating to the use of dividuals with direct care responsibil- awareness and training information (Prefiled by the sponsor(s).) global positioning monitoring systems ity for residents of ICF/MR to meet on its Web page by August 1, 2010; To: Interim Joint Committee including monitoring-related restric- specific needs, including supervision; require every public middle and high on Transportation tions and sanctions in domestic vio- name the statute “Deron’s Law”; school administrator to disseminate lence cases. amend KRS 202B.070 to delete the suicide prevention awareness infor- BR 239 - Representative My- Amend KRS 403.720 relat- word “intentionally” in reference to mation to all middle and high school ron Dossett (10/16/09) ing to domestic violence definitions to the failure to provide supervision of a students by September 1, 2010, and define “global positioning monitoring resident by an individual who has di- September 1 of each year thereafter. AN ACT relating to sales tax. system”; amend KRS 403.740 relat- rect care responsibility. Create a new section of KRS ing to emergency protective orders to Chapter 139 to establish a refund pro- permit a court to restrain a respondent (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) gram for new small businesses; EF- from going to or near specified loca- To: Interim Joint Committee To: Interim Joint Committee FECTIVE October 1, 2010. tions; amend KRS 403.750 relating on Health and Welfare on Education to domestic violence orders to permit (Prefiled by the sponsor(s).) court a to restrain a respondent from BR 230 - Representative Linda BR 237 - Representative Jody To: Interim Joint Committee going to or near specified locations; Belcher (09/22/09) Richards (10/12/09) on Appropriations and Revenue create a new section of KRS Chapter 403 to permit the petitioner in a do- AN ACT relating to child cus- AN ACT relating to criminal BR 240 - Representative My- mestic violence order case to inform tody. gangs. ron Dossett (10/16/09) the court of places the petitioner does

92 2009 Interim LEGISLATIVE RECORD not want the respondent to go into terminals go to those funds; propose or after July 1, 2010, and to provide donation. or near; create a new section of KRS to amend Section 226 of the Constitu- that the tax shall not apply to sales Create a new section of KRS Chapter 403 to require the court to tion of Kentucky to conform; submit made on or after July 1, 2011; EMER- Chapter 141 to provide a tax credit for assess the respondent’s dangerous- to voters; provide ballot language. GENCY. individuals who donate live organs ness; create a new section of KRS in the amount of the lesser of actual Chapter 403 to a permit court, as part (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) expenses or $10,000; define “live or- of a domestic violence order, to order To: Interim Joint Committee gan donation expenses”; amend KRS a respondent to wear or carry global BR 262 - Representative Mike on Appropriations and Revenue 141.0205 to conform; create a new monitoring system device and permit Denham (10/22/09) (Prefiled by the sponsor(s).) section of KRS Chapter 18A to pro- a petitioner to carry a device notifying vide that state employees who donate the petitioner that the respondent is AN ACT relating to domestic BR 266 - Representative Mel- a live organ are entitled to 30 days nearby; require the court to notify the violence. vin B. Henley (11/03/09) paid leave; provide that Sections 1 and petitioner of the operation and limita- Amend KRS 403.725 to pro- 3 of the Act shall be known as “Beth’s tions of global positioning monitoring hibit joint mediation, conciliation, or A JOINT RESOLUTION Bill.” system devices, and provide a penalty counseling requirements within an designating the “Stevie McReynolds for removing or tampering with the emergency protective order or a do- Way” in Calloway County. (Prefiled by the sponsor(s).) device; create a new section of KRS mestic violence order; amend KRS Direct the Transportation To: Interim Joint Committee Chapter 403 to require the Department 403.740 to allow an emergency protec- Cabinet to designate a section of KY on Appropriations and Revenue of Corrections to contract with entities tive order to remain in effect until the 94 in Calloway County in honor of providing global positioning system domestic violence hearing, with only Stevie McReynolds. BR 277 - Representative Den- monitoring services to provide ser- the summons needing to be reissued in nis Keene (10/09/09) vices meeting the requirements of the the event of a lack of service upon the (Prefiled by the sponsor(s).) statutes; name act the Amanda Ross adverse party; amend KRS 403.750 AN ACT relating to public Domestic Violence Prevention Act. to require counseling in all cases for BR 268 - Representative Mike safety. persons against whom a domestic vio- Denham (10/26/09) Create a new section of KRS (Prefiled by the sponsor(s).) lence order is entered; amend KRS Chapter 17 to provide a registration To: Interim Joint Committee 403.7505 to recognize batterer inter- A RESOLUTION designating system for persons convicted of mur- on Judiciary vention services within the scope of June 2010 as Kentucky Rabies Aware- der, define “registrant,” and “murder,” certifies counseling services; amend ness Month. establish period of registration, and BR 258 - Senator Damon KRS 403.763 to increase the penalty Designate June 2010 as Ken- establish penalties for failure to regis- Thayer (11/17/09) for a third or subsequent violation of tucky Rabies Awareness Month. ter. an emergency protective order or a AN ACT relating to campaign domestic violence order to a Class D (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) finance. felony; create a new section of KRS To: Interim Joint Committee To: Interim Joint Committee Create a new section of KRS Chapter 511 to create the crime of do- on State Government on Judiciary Chapter 121 to define “political orga- mestic violence shelter trespass. nization 527 committee”; require such BR 275 - Representative Den- BR 281 - Representative Larry a committee to register with and report (Prefiled by the sponsor(s).) nis Keene (10/09/09) Clark (10/30/09) to the Kentucky Registry of Election To: Interim Joint Committee Finance if it spends more than $5,000 on Judiciary AN ACT relating to driving AN ACT relating to the lim- to influence the selection of a candi- under the influence. ited sale of alcoholic beverages by the date or slate of candidates for public BR 263 - Senator John Schick- Amend KRS 189A.005 to ex- drink at designated state parks. office in Kentucky, other than ina el (10/27/09) pand the definition of “ignition inter- Create new sections of KRS federal election, or if it spends more lock device”; amend KRS 189A.010 Chapter 242 and 243 to permit the than $5,000 on a ballot question to AN ACT relating to pharmacy to include driving the wrong way on limited sale of distilled spirits, wine, amend the Constitution of Kentucky; technicians. a four-lane highway among the list of and malt beverages at state resort state that this legislation shall be cited Amend KRS 315.136 to waive factors for triggering aggravated DUI parks, and qualified state recreational as the 527 Campaign Fund Disclosure the application fee for pharmacy tech- penalties; amend KRS 189A.070 to parks; allow a local option election for and Transparency Act of 2010. nicians who serve on a voluntary basis provide that a reduction in the time state resort parks and qualified state with a pharmacy operated by a chari- period of a license revocation does recreational parks in dry territory; es- (Prefiled by the sponsor(s).) table organization as defined in KRS not lessen the time required for ig- tablish the conditions under which the 142.301(2). nition interlock usage; amend KRS election will be held; set forth what a BR 259 - Senator Damon 189A.085 to run the period of a license state resort park license or qualified Thayer (11/05/09) (Prefiled by the sponsor(s).) plate impoundment from the date of state recreational park license entitles To: Interim Joint Committee sentencing to the day the offender is the holder to do; amend KRS 243.030 AN ACT proposing to create on Health and Welfare authorized to resume driving; amend to establish the licensing fee; amend a new section of the Constitution of KRS 189A.340 to require ignition in- KRS 243.050 to permit the office to Kentucky and amending a section of BR 265 - Representative Bill terlock usage beginning with the first establish the hours and days when a the Constitution of Kentucky relating Farmer, Representative Jim DUI offense and to remove an offend- supplemental licensee shall be open; to the Kentucky state lottery. DeCesare, Representative Ale- er’s ability to drive a non-interlock- amend KRS 243.115 to permit patrons Propose to create a new sec- cia Webb-Edgington, Rep- equipped work vehicle; amend KRS in a dining room in a state resort park tion of the Constitution of Kentucky resentative Addia Wuchner 189A.410 to require ignition interlock to remove one container of partially section to permit the General Assem- (10/12/09) usage while an offender is driving on consumed wine; amend KRS 243.117 bly to authorize by general law video a hardship license. to conform. lottery terminals in counties that have AN ACT relating to the alco- existing horse racing tracks upon vot- (Prefiled by the sponsor(s).) holic beverage wholesale sales tax and (Prefiled by the sponsor(s).) er approval in each of those counties; declaring an emergency. To: Interim Joint Committee provide that the operation of video lot- Amend KRS 243.882 to make on Judiciary BR 283 - Senator Denise Harp- tery terminals shall be part of the Ken- technical corrections to defined terms; er Angel (11/12/09) tucky State Lottery; create the equine amend KRS 243.884 to reduce the tax BR 276 - Representative Den- excellence fund and the building rate on gross receipts from wholesale nis Keene (10/09/09) AN ACT relating to personal Kentucky’s future fund and provide sales of malt beverages, wine, and dis- communication devices. that money generated by the revenue tilled spirits to 5.5% for sales made on AN ACT relating to live organ Create a new section of KRS from and licensing of video lottery

THE KENTUCKY GENERAL ASSEMBLY 93 Chapter 189 to prohibit text messag- clare any administrative regulation BR 318 - Representative Regi- of encountered or accidentally discov- ing, instant messaging, and e-mail- found deficient since March 27, 2009, nald Meeks (11/10/09) ered human remains on the cemetery ing while operating a motor vehicle; to be null, void, and unenforceable; owner or the state and require re- define “personal communication- de prohibit the administrative agencies AN ACT relating to the defi- sponsible party to dispose of; require vice”; provide for specific exclusions; from promulgating administrative reg- nition of “American Indian.” persons wishing to possess human re- amend KRS 189.990 to set penalties; ulations identical to or substantially Amend KRS 446.010 to define mains or burial objects to obtain a per- provide for a probationary period end- the same as that administrative regu- “American Indian” to mean a person mit from the Vital Statistics Branch of ing November 1, 2010, during which lation for a specified period of time; having origins in any of the original the Department for Public Health and courtesy warnings will be issued; set EMERGENCY. peoples of North and South America limit possession to teaching, medi- fine for violation at $100 for the first and who maintains tribal affiliation cal, scientific, or training purposes; offense and not less than $100 nor (Prefiled by the sponsor(s).) or community attachment to the tribe make unlawful possession of human more than $300 for each subsequent To: Interim Joint Committee of origin; make conforming amend- remains or burial objects a Class A offense after the probationary period; on State Government ments. misdemeanor for the first offense and set fine at not less than $200 nor more a Class D felony for each subsequent than $600 if the violation caused a BR 308 - Senator John Schick- (Prefiled by the sponsor(s).) offense; require a person who unlaw- motor vehicle accident. el (11/04/09) fully possesses human remains or BR 319 - Representative Regi- burial objects to reimburse the state (Prefiled by the sponsor(s).) AN ACT relating to public re- nald Meeks (11/10/09) for the cost of properly disposing of cords. the remains and objects; prohibit the BR 295 - Representative Mary Create a new section of KRS AN ACT relating to recogni- excavation of human remains and Lou Marzian (11/03/09) 65.750 to 65.760 to restrict the avail- tion of American Indian tribes. burial objects; amend KRS 525.105 to ability of recordings of 911 communi- Create a new section of KRS delete the requirement that desecration AN ACT relating to the Uni- cations to releases by court order; per- Chapter 171 to allow a group desiring of a venerated object is shown only form Adult Guardianship and Protec- mit release of written transcripts of 911 to be formally recognized as an Amer- when one’s purpose is commercial tive Proceedings Jurisdiction Act. communications; permit the person ican Indian tribe to submit a petition gain or exploitation; require that the Create new sections of KRS who made communication and person to the Kentucky Native American tools, implements, or vehicles used in Chapter 387 to enact the Uniform who is the subject of communication Heritage Commission; provide crite- desecrating human objects be seized Adult Guardianship and Protective to permit release of the communica- ria that must be met to be recognized and sold with profits from such sale Proceedings Jurisdiction Act, as rec- tion without a court order; permit ac- as an American Indian tribe; authorize going to the council; require a viola- ommended to the states by the Na- quisition of recorded copy in criminal, the Kentucky Native American Heri- tor to reimburse the Commonwealth tional Conference of Commission- civil, or administrative proceedings; tage Commission to approve petitions for its costs in properly disposing of ers on Uniform State laws, to govern provide that any person may listen to, submitted for recognition, provide the human remains and the landowner jurisdictional questions and disputes but shall not make any recordings of, approved petitions to the Governor for damage to the property; amend between states in regard to cases con- 911 communications; allow written and, if the Governor accepts the rec- KRS 525.120 to increase penalty for cerning guardians and conservators; notes of the contents of the commu- ommendation, provide for issuance abuse of a corpse from a Class A mis- amend KRS 387.520 to conform. nication; prohibit making any audio of an executive order recognizing the demeanor to a Class D felony; require recording of actual communication approved group; require the Kentucky human remains possessed or so used (Prefiled by the sponsor(s).) when authorized to make notes about Native American Heritage Commis- to be seized and forfeited to the state; the communication; establish penalty. sion to promulgate administrative require the violator to reimburse the BR 297 - Representative Linda regulations identifying the procedures Commonwealth for the cost of prop- Belcher (10/29/09) (Prefiled by the sponsor(s).) to be followed in submitting a petition erly disposing of the human remains. and appealing a decision of the com- AN ACT relating to tuition for BR 315 - Senator Denise Harp- mission. foster children. er Angel (11/12/09) (Prefiled by the sponsor(s).) Amend KRS 164.2847 to per- (Prefiled by the sponsor(s).) mit tuition and fee waivers for foster AN ACT relating to the lim- BR 321 - Representative Regi- children taking dual credit or dual en- ited sale of alcoholic beverages by the BR 320 - Representative Regi- nald Meeks (11/10/09) rollment courses in high school. drink at designated state parks. nald Meeks (11/10/09) Create new sections of KRS AN ACT relating to historic preservation. (Prefiled by the sponsor(s).) Chapter 242 and 243 to permit the AN ACT relating to human Create new sections of KRS limited sale of distilled spirits, wine, remains and burial objects. Chapter 381 relating to the disposi- BR 298 - Representative Wil- and malt beverages at state resort Create new sections of KRS tion of historic or prehistoric human son Stone (10/27/09) parks, and qualified state recreational Chapter 171 to require persons exca- remains; declare public policy of the parks; allow a local option election for vating archaeological sites on private Commonwealth regarding historic AN ACT relating to the Ken- state resort parks and qualified state property to obtain a permit from the or prehistoric human remains; define tucky Licensed Practical Nurses Orga- recreational parks in dry territory; es- Kentucky Heritage Council; establish terms relating to the disposition of his- nization. tablish the conditions under which the a process by which the landowner shall toric or prehistoric human remains; es- Amend KRS 314.121 to election will be held; set forth what a provide reasonable access to the cem- tablish property confirmation process change the licensed practical nurse or- state resort park license or qualified eteries to the descendants and relatives by which property owners or develop- ganization with the authority to nomi- state recreational park license entitles of those buried within; place responsi- ers verify whether property contains nate Board of Nursing members to the holder to do; amend KRS 243.030 bility on the landowner to maintain the known human remains; authorize the the current LPN organization in Ken- to establish the licensing fee; amend cemetery’s integrity; make denial of Kentucky Heritage Council to pro- tucky. KRS 243.050 to permit the office to access to the cemetery a violation; set mulgate administrative regulations re- establish the hours and days when a out a process by which the state shall lated to the disposition of historic and (Prefiled by the sponsor(s).) supplemental licensee shall be open; dispose of human remains within its prehistoric human remains; prohibit amend KRS 243.115 to permit patrons custody and control; permit a legally the issuance of building permits under BR 300 - Representative Tom in a dining room in a state resort park recognized tribal government to con- KRS Chapter 198B until the property to remove one container of partially duct reinterment ceremonies for Na- Burch (10/15/09) owner or developer has completed the consumed wine; amend KRS 243.117 tive Americans; require a person who preconditions relating to human re- AN ACT relating to admin- to conform. encounters or accidentally disturbs mains; formulate the procedures and istrative regulations and declaring an human remains to immediately cease requirements for a human remains emergency. (Prefiled by the sponsor(s).) disturbing the ground in the area of the outcome review; prescribe the proce- Amend KRS 13A.338 to de- human remains; place responsibility dures and requirements for an adverse

94 2009 Interim LEGISLATIVE RECORD effects determination; list prohibited estimated waste recycled during the consolidation. awarding preference points on com- actions subject to the penalties pre- prior fiscal year; delete requirement to Create new sections of KRS munity development block grant ap- scribed in KRS 381.990 regarding report recycled aluminum; allow state Chapter 67 to establish a new proce- plications and provide technical and the disposition of human remains; agencies in Franklin County that par- dure for the optional consolidation of advisory assistance to consolidated establish the procedures and require- ticipate in the State Office Paper Re- counties; exclude consolidated local counties; require, upon consolidation, ments for a human remains disposi- cycling Program to utilize an alterna- governments, charter county govern- all appointments to boards of special tion agreement between the Kentucky tive to reporting quantities in pounds. ments, urban-county governments, and districts to remain in effect until the Heritage Council and a property own- unified local governments from the expiration of the term, at which point er or developer; authorize the Ken- (Prefiled by the sponsor(s).) procedures; permit two or more coun- the appropriate appointing author- tucky Heritage Council to establish ties to consolidate with such action ity shall make new appointments; and a plan for the disposition of human BR 323 - Representative Regi- initiated by public petition or local or- repeal KRS 67.190, 67.200, 67.210, remains if a human remains disposi- nald Meeks (10/29/09) dinance; require signatures of 20% or 67.220, 67.230, 67.240, 67.250, tion agreement cannot be reached; more of the number of persons voting 67.260, 67.270, 67.280, 67.290, and create an emergency inspection pro- AN ACT relating to charitable in last presidential election for initia- 67.310. cess for unforeseen human remains or gaming. tion petition; provide for the contents unforeseen adverse effects on human Amend KRS 238.540 to re- and certification of petitions as - pre (Prefiled by the sponsor(s).) remains; allow property owners or de- quire that charitable gaming be con- scribed; require the county judge/ex- To: Interim Joint Committee velopers to appeal in specified ways ducted only by officers, members, and ecutive in the initiating county within on Local Government when aggrieved by decisions of the employees of the licensed charitable 10 days to notify the other local gov- Kentucky Heritage Council; exempt organization; require mandatory train- ernments and their citizens of the pro- BR 336 - Representative Regi- from human remains disposition pro- ing for chief executive officers, chief posal as prescribed; require respond- nald Meeks (11/10/09) cess actions taken under KRS 381.755 financial officers, and chairpersons of ing action in adjoining counties within or KRS Chapter 72, surface coal min- charitable organizations before being 120 days or initial action becomes AN ACT relating to compul- ing conducted in accordance with a issued a license and at other times pre- void; require a special election within sory school age. permit issued under KRS Chapter 350, scribed by administrative regulation 90 days if adjoining counties enter Amend KRS 159.010 to archaeological investigations and data and other times prescribed by admin- the process; require approval in each provide that effective July 1, 2011, recovery projects conducted under rel- istrative regulation. county for consolidation to become compulsory school attendance shall evant portions of the federal National effective; prescribe the language for be between the ages of six and sev- Historic Preservation Act of 1966, and (Prefiled by the sponsor(s).) the ballot, other election procedures, enteen; provide that effective July 1, archaeological surveys; amend KRS and advertisement of the election by 2012, compulsory school attendance 381.990 to create the offense of inten- BR 324 - Representative Regi- the sheriff; require a simple majority shall be between the ages of six and tional desecration of human remains; nald Meeks (11/10/09) of those voting in each county for ap- eighteen; permit parents to withdraw levy fines of not less than $1,000 and proval; require all election costs to be a child older than the required age af- not more than $2,000 for each act of A CONCURRENT RESO- paid for by the state, and prohibit any ter a counseling session with a school intentional desecration of human re- LUTION directing the Legislative Re- organizational changes in a newly con- counselor; amend KRS 159.020 to mains; declare that intentional dese- search Commission to study whether solidated county for 10 years; prohibit conform. cration of human remains is a Class A counties should be offered the option any new county from becoming effec- misdemeanor for the first offense and of conducting elections in central- tive until the end of terms of current a Class D felony for each subsequent ized voting centers, rather than in vot- officeholders and require new officers (Prefiled by the sponsor(s).) offense; amend KRS 164.715 to state ing precincts, and whether counties to be elected in the same manner and that no person shall willfully injure, should offer voters the opportunity to at same time as other county officials; BR 338 - Representative Regi- destroy, or deface any human remains vote early or to vote during extended require the county judge/executive in nald Meeks (11/10/09) found on any property when protected periods of time. each county to appoint 6 citizens to under this Act; make technical correc- Direct the Legislative Re- a transition committee as prescribed; AN ACT relating to the lot- tions to conform; amend KRS 171.313 search Commission to study whether require transition committee to divide tery. to require the Kentucky Historical counties should be offered the option county into 3-8 magisterial districts Amend KRS 154A.020 to Society to cooperate in the processes of conducting elections in centralized and to select 2-5 names for the new allow government programs and ser- established under this Act; make tech- voting centers rather than in voting county to be decided by the voters; vices to be mentioned in advertising nical corrections to conform; amend precincts. require final report of the transition or promoting a lottery; amend KRS KRS 171.381 to require the Kentucky committee as prescribed; provide for 154A.050 to allow the Lottery Board, Heritage Council to develop and con- (Prefiled by the sponsor(s).) a gubernatorial appointee to break tie in its advertising and promoting of the trol the system for the disposition of vote on questions relating the name lottery, to describe government pro- human remains under this Act; make BR 327 - Representative Bill of the new county, the formation of grams and services that benefit from technical corrections; require the state magisterial districts, or other issues and are supported by lottery proceeds. historic preservation officer to coordi- Farmer (11/09/09) on ballot; require all taxes from im- nate and administer the system for the mediate year to remain in effect until (Prefiled by the sponsor(s).) disposition of historic and prehistoric AN ACT relating to campaign changed by the new county; require finance reports. human remains established under this the creation of a special taxing district BR 341 - Representative Mike Act; make technical corrections to Amend KRS 121.180, relating for repayment of prior financial obli- conform. to campaign finance reports, to allow a gations in previously existing counties Denham (10/26/09) filer to designate an entry reading “No as prescribed; require surplus funds to AN ACT relating to crimes change since last report” if the filer be spent in the areas where funds were and punishments. (Prefiled by the sponsor(s).) has received or spent nothing since the raised as prescribed; permit voters to Amend KRS 500.080 to in- date of the filer’s last report; if entry is determine the location of new county clude loss of consciousness within the designated, require the filer to specify seat from previously existing loca- BR 322 - Representative Regi- definition of physical injury; amend only the balance carried forward from tions; require county seat to remain at nald Meeks (11/10/09) KRS 508.020 to include intentionally the last report. that location for not less than 10 years; or wantonly causing physical injury require other remaining county build- AN ACT relating to recy- by means of strangulation within the (Prefiled by the sponsor(s).) ings to be maintained as branch offic- cling. offense of assault in the second de- es for 10 years as prescribed; provide Amend KRS 224.10-650 to gree. require agencies of the executive, leg- BR 334 - Representative Ted for federal and state election districts Edmonds (10/20/09) as prescribed; require the Governor’s islative, and judicial branches of state (Prefiled by the sponsor(s).) Office for Local Development to pro- government and all state-supported in- To: Interim Joint Committee AN ACT relating to county mulgate administrative regulations stitutions of higher education to report on Judiciary

THE KENTUCKY GENERAL ASSEMBLY 95 Amend KRS 118.176 to add BR371* BR 348 - Representative Stan BR 372 - Senator Walter candidates for special elections to cur- Denton, Julie Lee (11/06/09) Blevins Jr. (11/09/09) rent definitions; amend KRS 118.315, BR96*, 202* 118.365, 118.367, and 118.770 to Harper Angel, Denise AN ACT relating to firearms, AN ACT relating to denture include political organization or po- BR10*, 11*, 12*, 283*, 315* including ammunition and accessories identification. litical group candidates as candidates Jones II, Ray S. for firearms. Create new section of KRS required to file nomination papers BR121*, 122* Create new sections of KRS Chapter 313 to require a removable for a regular election; amend KRS Leeper, Bob Chapter 237, relating to firearms, fire- prosthetic denture constructed, altered, 118.375 to change from 106 days to BR181* arm accessories and ammunition that repaired, or duplicated by a licensed three months as the minimum amount Pendleton, Joey are made in Kentucky, marked made dentist or under a written laboratory of time that certain candidates may file BR139* in Kentucky, and used in Kentucky, procedure work order to be marked petitions for a vacant elective office; Schickel, John to specify that these items are exempt with the name of the patient for whom amend KRS 118.760 to state the pro- BR165* from federal law; provide that the ex- the denture is intended. cedures to be followed for the nomi- BR263*, 308* emption does not include machine nation of independent, political orga- Stine, Katie Kratz guns, silencers, exploding ammuni- (Prefiled by the sponsor(s).) nization, or political group candidates BR57*, 58* tion, or firearms with a bore over one for a special election; amend KRS Tapp, Gary and one-half inches name the new sec- BR 377 - Representative Mike 118A.100 to establish petition stan- BR70* tions the “Kentucky Firearms Free- Cherry (11/12/09) dards for candidates for an unexpired Thayer, Damon dom Act.” term of a judicial office; amend KRS BR258*, 259* AN ACT relating to special 118A.190 to establish for the board of Williams, David L. (Prefiled by the sponsor(s).) license plates. elections of each county a certification BR398* Amend KRS 186.041 to per- deadline to the Secretary of State fol- Winters, Ken BR 355 - Representative Den- mit the surviving spouse of a Purple lowing primary or regular election. BR398* nis Horlander (10/29/09) Heart recipient to keep special license plate assigned to that recipient. (Prefiled by the sponsor(s).) House AN ACT relating to crimes and punishments. (Prefiled by the sponsor(s).) BR 398 - Senator David L. Adkins, Rocky Amend KRS 508.025 relating Williams, Senator Ken Winters BR251 to third degree assault to include an BR 380 - Representative Kent (10/29/09) Arnold Jr., John A. assault on an operator or passenger of Stevens (11/17/09) BR199* a taxi, bus, or other passenger vehicle A JOINT RESOLUTION re- Belcher, Linda for hire within that offense; amend AN ACT relating to Person- lating to school funding. BR228*, 229*, 230*, 231*, 232*, KRS 508.050 and 525.060 relating to nel Board elections and declaring an Allow school districts to cal- 297* menacing and disorderly conduct to emergency. culate the average daily attendance for Burch, Tom increase the penalty for those offenses Amend KRS 18A.0551 to the 2009-2010 school year by using the BR185*, 216*, 250*, 300* where the offense is committed against change the Personnel Board election higher of the average daily attendance Cherry, Mike an operator or passenger of a taxi, bus, dates and related deadlines; substi- rate for the 2007-2008 school year or BR367*, 377* or other passenger vehicle for hire. tute a unique personal identification the 2008-2009 school year, multiplied Clark, Larry number for social security numbers; by the average daily membership for BR213*, 251, 281* (Prefiled by the sponsor(s).) delete requirements for mailing bal- the 2009-2010 school year. Collins, Hubert lots and double envelopes and substi- BR164*, 251 BR 367 - Representative Mike tute notification requirement; provide (Prefiled by the sponsor(s).) Coursey, Will Cherry (10/26/09) for delivery of ballots to board by any BR135*, 251 means; allow state employees to use BR 424 - Representative Crenshaw, Jesse AN ACT relating to honoring state materials or equipment except Charles Miller (11/13/09) BR1*, 182* military service. for state-paid first class postage to Crimm, Ron Amend KRS 18A.150 to re- vote; allow the board to promulgate AN ACT relating to inspec- BR50* quire that an employing state agency administrative regulations to set out tions of manufactured homes. BR65*, 66* offer an interview to all finalists -en methods and procedures for notifying Amend KRS 227.570 to es- Damron, Robert R. titled to preference points if there are merit employees of the candidates and tablish a fee not to exceed $150 for BR15*, 16*, 251 fewer than five finalists, and to no few- instructions for voting; and declare an inspection of new manufactured home DeCesare, Jim er than five if there are five or more; emergency. installations; allow the Manufactured BR159, 265 amend to clarify veteran eligibility. Home Certification and Licensure Denham, Mike (Prefiled by the sponsor(s).) Board to set the fee through adminis- BR251, 262* (Prefiled by the sponsor(s).) trative regulation; allow the board to BR268* To: Interim Joint Committee increase the fee by no more than ten BR341* BR 390 - Representative Kent DeWeese, Bob M. on Veterans, Military Affairs and Pub- Stevens (11/17/09) percent year, with the limit still set at lic Protection $150 total after any increases; deposit BR216* Dossett, Myron A CONCURRENT RESO- fee proceeds in the trust and agency fund. BR238*, 239*, 240* BR 371 - Senator David E. LUTION designating March as Kid- Edmonds, Ted Boswell (11/03/09) ney Cancer Awareness Month in Ken- (Prefiled by the sponsor(s).) BR334* tucky. Farmer, Bill A RESOLUTION urging Designate March 2010 as BRs by Sponsor BR31* awareness and education for Spinal Kidney Cancer Awareness Month in BR124 Muscular Atrophy. Kentucky. * - denotes primary sponsorship of BRs BR159*, 265*, 327* Urge public health and health- Firkins, Tim care professionals and entities to take (Prefiled by the sponsor(s).) BR251 an active role in raising awareness and Senate Fischer, Joseph M. educating Kentucky citizens about BR 394 - Representative Dar- BR54 Blevins Jr., Walter Spinal Muscular Atrophy. ryl T. Owens (11/13/09) Flood, Kelly BR372* BR251 Boswell, David E. (Prefiled by the sponsor(s).) AN ACT relating to elections. Floyd, David

96 2009 Interim LEGISLATIVE RECORD BR98* BR2*, 185 Elections and Voting Studies Directed BR124* Webb-Edgington, Alecia Embalmers and Funeral Directors Substance Abuse Glenn, Jim BR159, 265 Emergency Medical Services Taxation BR107*, 108* Wuchner, Addia Energy Taxation, Income--Corporate Gooch Jr., Jim BR159, 265 Environment and Conservation Taxation, Income--Individual BR150* Yonts, Brent Fairs Taxation, Inheritance and Estate Greer, Jeff BR114* Federal Laws and Regulations Taxation, Sales and Use BR23*, 24* Fees Teachers Hall, Keith Index Headings Financial Responsibility Tobacco BR251 Firearms and Weapons Trade Practices and Retailing Henley, Melvin B. Administrative Regulations and Pro- Firefighters and Fire Departments Traffic Safety BR266* ceedings Foods Transportation Higdon, Jimmy Advertising Gambling Uniform Laws BR174*, 176*, 178*, 222* Aged Persons and Aging General Assembly United States Horlander, Dennis Agriculture Guardians Universities and Colleges BR355* Alcoholic Beverages Health and Medical Services Veterans’ Affairs Jenkins, Joni L. Alcoholism Highways, Streets, and Bridges Waste Management BR145* Amusements and Recreation Historical Affairs Waterways and Dams Keene, Dennis Animals, Livestock, and Poultry Hospitals and Nursing Homes Wills and Estates BR275*, 276*, 277* Appropriations Housing, Building, and Construction Women Kerr, Thomas Associations Inspections BR54 Athletics Insurance BR Index Lee, Stan Attorney General Insurance, Health BR54* Attorney, Commonwealth’s Insurance, Motor Vehicle Administrative Regulations BR115*, 348* Attorney, County Interlocal Cooperation and Proceedings Marzian, Mary Lou Attorneys Interstate Cooperation BR93*, 295* Budget and Financial Administration Jails and Jailers Deficient administrative regulations, Meeks, Reginald Campaign Finance Judges and Court Commissioners declare null, void, and unenforceable BR318*, 319*, 320*, 321*, 322*, Capital Construction Justices of the Peace and Magistrates - BR300 323* Cemeteries and Burials Legislative Research Commission Kentucky BR324* Charitable Organizations and Institu- Licensing Board of Education, guidelines for BR336*, 338* tions Local Government charter school applicants - BR115 Miller, Charles Children and Minors Lottery Board of Education, requirements for BR424* Circuit Clerks Malt Beverages public school academy applicants - Montell, Brad Cities Medicaid BR79 BR79*, 82*, 86* Civil Actions Memorials Heritage Council, human remains, Nelson, Rick G. Civil Procedure Men disposition of - BR321 BR75*, 118*, 168*, 169* Commendations and Recognitions Mental Disability Personnel Board election notice pro- BR197* Commerce Mental Health cedures, merit employees, notification Nesler, Fred Committees Military Affairs and Civil Defense to - BR380 BR187 Communications Motor Carriers Overly, Sannie Consolidated Local Governments Motor Vehicles Advertising BR251 Constitution, Ky. Nuclear Energy Owens, Darryl T. Constitution, U.S. Nurses Advertising for lottery, mentioning BR95*, 98, 172*, 394* Consumer Affairs Occupations and Professions government programs and services Palumbo, Ruth Ann Contracts Parental Rights supported - BR338 BR251 Corporations Parks and Shrines Limited supplemental highway guide Richards, Jody Corrections and Correctional Facili- Peace Officers and Law Enforcement signs, adjust reimbursement methods BR20*, 47*, 120*, 123* ties, State Pharmacists for - BR47 BR132* Counties Physicians and Practitioners BR133*, 180*, 237* Counties, Urban Police, City and County Aged Persons and Aging Riner, Tom County Clerks Police, State BR38*, 251 Courts Popular Names and Short Titles Colon Cancer Screening Program, Siler, Charles Courts, Circuit Probation and Parole provide funding for - BR216 BR60* Courts, District Public Buildings and Grounds Denture identification, requirement Simpson, Arnold Courts, Fiscal Public Health for - BR372 BR48*, 49*, 87* Crime Victims Public Officers and Employees Guardians and conservators, jurisdic- Stacy, John Will Crimes and Punishments Public Records and Reports tion between states - BR295 BR251 Criminal Procedure Public Utilities Steele, Fitz Deaths Race Relations Agriculture BR73* Disabilities and the Disabled Racing BR142* Diseases Railroads Equine excellence fund, creation of, BR187* Distilled Spirits Real Estate constitutional amendment to allow BR218* Dogs Reorganization VLTs - BR259 Stevens, Kent Domestic Relations Retirement and Pensions Industrial hemp, licensing and grow- BR380* Drugs and Medicines Safety ing of - BR139 BR390* Economic Development Sales Stone, Wilson Education, Elementary and Second- Secretary of State BR298* ary Sheriffs Alcoholic Beverages Stumbo, Greg Education, Finance Small Business BR251* Education, Higher Special Districts DUI, ignition interlock device, use of Tilley, John Education, Vocational State Agencies - BR275 BR210* Effective Dates, Delayed State Employees Gross receipts from package alcohol Wayne, Jim Effective Dates, Emergency State Symbols and Emblems sales, exempt from sales and use tax

THE KENTUCKY GENERAL ASSEMBLY 97 - BR159 tration fringe on - BR124 Shock probation, availability in DUI Child custody determination, addi- Video lottery terminals in counties cases - BR38 Building Kentucky’s future fund and tional factor for - BR65 with racetracks, voter approval of, State equine excellence fund, VLT funding, Direct care staff, ICF/MR resident, fail- constitutional amendment - BR259 parks, limited sale of alcohol, local constitutional amendment - BR259 ure to supervise, penalties - BR229 Voting rights for felons, constitutional option election - BR315 Domestic violence, orders of protec- amendment to provide - BR1 parks, limited sale of alcohol, local op- Campaign Finance tion - BR262 tion election, providing for - BR281 Guardians and conservators, jurisdic- Constitution, U.S. Wholesale sales tax, rate reduction - Political organization 527 committees, tion between states - BR295 BR265 registration and reporting - BR258 Maintenance orders for spouses, avail- Second Amendment, urge support of Report forms, no change option for - ability of automatic payment methods - BR124 Alcoholism BR327 - BR65 Tenth Orders, domestic violence, use of glob- Amendment, limits of federal power DUI, ignition interlock device, use of Capital Construction al positioning monitoring - BR251 and nullification of Constitution under - BR275 - BR50 Building Kentucky’s future fund, cre- Civil Procedure Amendment, state sovereignty - Amusements and Recreation ation of, constitutional amendment to BR54 allow - BR259 Domestic violence, orders of protec- State tion - BR262 Consumer Affairs parks, limited sale of alcohol - BR315 Cemeteries and Burials Guardians and conservators, jurisdic- parks, limited sale of alcohol, provid- tion between states - BR295 Vehicle insurance claims, clarify ing for - BR281 Archeological artifacts/burial artifacts, rights of claimant to choose repair protection of - BR320 Commendations and Recogni- shop - BR70 Animals, Livestock, and Poul- tions try Charitable Organizations and Contracts Institutions “Jerry Chesnut Highway,” designate Equine excellence fund, creation of, in Harlan County - BR142 District owned vehicles, prohibiting constitutional amendment to allow Charitable Maggard, Rylie, Harlan county home use of - BR169 VLTs - BR259 gaming, mandatory training program, of, declaration - BR218 Rabies Awareness Month, June 2010, requirement for - BR323 Rabies Awareness Month, June 2010, Corporations designation - BR268 pharmacy services, pharmacy tech- designation - BR268 nicians, waive application fee for - Ridgetop Tribe of Shawnee Indians, Public school academy, possible non- Appropriations BR263 commend - BR197 profit sponsor of - BR79

Colon Cancer Screening Program, ap- Children and Minors Commerce Corrections and Correctional propriation for - BR216 Facilities, State Auditory screening report, definition Exemption from federal law, firearms Associations of - BR10 and ammunition made and used in KY Food service for inmates, prohibition Child custody, temporary, provide for - BR348 on privatization of - BR114 State retirement systems, bodies par- - BR230 Gang, criminal - BR237 ticipating in, open records law, appli- Compulsory school age, increase to Committees Inmate disciplinary reports, expunge- cation of - BR87 age eighteen - BR336 ment if dismissed or voided - BR182 Criminal gangs - BR120 Political organization 527 committees, Murder, registration of offenders - Athletics Custody determination, additional fac- registration and reporting - BR258 BR277 tor for - BR65 Orders, domestic violence, use of glob- Public school academy students, par- Domestic violence, orders of protec- Communications al positioning monitoring - BR251 ticipation in - BR79 tion - BR262 Sexual abuse in the first degree, by School-sponsored sports event, partic- Foster children, dual credit and dual 911 communication, procedure for ob- person operating confinement facility ipation in not to diminish attendance enrollment courses, tuition waiver - taining - BR308 - BR202 record - BR82 BR297 Prerecorded political messages, pro- Nude image of minor, transmission, hibit to telephone numbers on Do Not Counties Attorney General possession - BR20 Call Registry - BR174 Sexual abuse in the first degree, by 911 communication, procedure for ob- Prerecorded political messages, en- person operating confinement facility Consolidated Local Govern- taining - BR308 forcement of prohibition to Do Not - BR202 ments Consolidation, adjoining counties - Call numbers - BR174 Spinal Muscular Atrophy, urge aware- BR334 ness and education about - BR371 911 communication, procedure for ob- Public school academy, possible spon- Attorney, Commonwealth’s Technology, middle school students - taining - BR308 sor of - BR79 BR132 Study of centralized voting centers, Expungement of records,criminal his- Constitution, Ky. option of - BR324 tory - BR49 Circuit Clerks Amendments, political organization Counties, Urban Attorney, County Personal identification cards, allow 527 committees that advocate or op- notation of autism on - BR122 pose - BR258 911 communication, procedure for ob- Domestic violence, orders of protec- Building Kentucky’s future fund and taining - BR308 tion - BR262 Cities equine excellence fudn, creation of by constitutional amendment - BR259 County Clerks Attorneys 911 communication, procedure for ob- Definition of marriage, repeal of - taining - BR308 BR93 Candidate, political organization or Constitutional oath, change to - Public school academy, possible spon- General Assembly, sessions of, limit political group, filing for - BR394 BR172 sor of - BR79 to 30 days each year - BR178 Gold Star Mothers or Gold Star Spous- Oath of office, change to - BR172 es special license plates, additional Budget and Financial Adminis- Civil Actions Section 1, urge Congress not to in- plates, purchase of - BR238

98 2009 Interim LEGISLATIVE RECORD License plates, In God We Trust, es- violence, dating partners, include - Auditory screening report, definition tablish as alternate standard-issue BR145 of - BR10 Government Economic Assistance plate - BR150 violence, trespass at shelter for abused Autism, allow notation of on personal Fund, balances in investment of - Registered independents, primaries, - BR262 identification cards - BR122 BR73 participation in - BR222 DUI, ignition interlock device, use of Direct care staff, ICF/MR resident, fail- Nuclear power facilities; require plan Special military-related plates, unlim- - BR275 ure to supervise, penalties - BR229 for nuclear waste storage rather than ited purchase of - BR238 Expungement of records,criminal his- Guardians and conservators, jurisdic- means for disposal - BR181 Study of centralized voting centers in tory - BR49 tion between states - BR295 Water transportation, development of counties, option of - BR324 Gang, criminal - BR237 Insurance, autism spectrum disorders, - BR135 Law enforcement agency, report VIN coverage for - BR121 Courts on stolen items to NCIC - BR228 Spinal Muscular Atrophy, urge aware- Education, Elementary and Murder, registration of offenders - ness and education about - BR371 Secondary 911 communication, procedure for ob- BR277 taining - BR308 Nonsupport and flagrant non-support, Diseases Average daily attendance, calculation Child custody, temporary, provide for spouse and ex-spouse - BR65 of - BR398 - BR230 Nude image of minor, transmission, Cancer clinical trials, treatment, health Charter Severe mental illness, defined - BR98 possession - BR20 plans for - BR96 schools, application and approval of Public transportation, offenses against Colon Cancer Screening Program, - BR115 Courts, Circuit user or operator of - BR355 provide funding for - BR216 schools, limitations and requirements Severe mental illness, defined - BR98 Kidney Cancer Awareness Month, of - BR115 Child custody determination, addi- Sexual abuse in the first degree, by designation of - BR390 Compulsory school age, increase to tional factor for - BR65 person operating confinement facility Rabies Awareness Month, June 2010, age eighteen - BR336 Domestic violence, orders of protec- - BR202 designation - BR268 Digital citizenship definitions include tion - BR262 Shock probation, availability in DUI Spinal Muscular Atrophy, urge aware- in discipline code and professional de- Expungement of records,criminal his- cases - BR38 ness and education about - BR371 velopment - BR231 tory - BR49 Theft offense, drivers license eligibil- District owned vehicles, prohibiting Maintenance orders for spouses, avail- ity when restitution is unpaid - BR95 Distilled Spirits use of - BR169 ability of automatic payment methods Education Professional Standards - BR65 Criminal Procedure State Board, increase membership of - Public school academy contract deci- parks, limited sale of alcohol, local BR75 sions, right to appeal to - BR79 Assault, commission by strangulation option election - BR315 Foster children, dual credit and dual against family member - BR341 parks, limited sale of alcohol, local op- enrollment courses, tuition waiver - Courts, District Criminal gangs - BR120 tion election, providing for - BR281 BR297 Dating violence - BR133 Wholesale sales tax, rate reduction - Kentucky educator award and recog- Child custody determination, addi- Death penalty, abolish - BR185 BR265 nition fund, creation of - BR123 tional factor for - BR65 Domestic Massey, Ed; National School Boards Domestic violence, orders of protec- violence, dating partners, include - Dogs Association, support election to - tion - BR262 BR145 BR165 Maintenance orders for spouses, avail- violence, trespass at shelter for abused Rabies Awareness Month, June 2010, National School Boards association, ability of automatic payment methods - BR262 designation - BR268 support Ed Massey for election to - - BR65 DUI, ignition interlock device, use of BR165 Nude image of minor, transmission, - BR275 Domestic Relations Public possession - BR20 Expungement of records,criminal his- school academies, application and ap- Orders, domestic violence, use of glob- tory - BR49 Assault, commission by strangulation proval of - BR79 al positioning monitoring - BR251 Gang, criminal - BR237 against family member - BR341 school academies, limitations and re- Law enforcement agency, report VIN Child custody determination, addi- quirements for - BR79 Courts, Fiscal on stolen items to NCIC - BR228 tional factor for - BR65 Student attendance, school-sponsored Murder, registration of offenders - Constitutional amendment, definition sports event - BR82 Consolidation, adjoining counties - BR277 of marriage, repeal of - BR93 Suicide prevention awareness infor- BR334 Nonsupport and flagrant non-support, Dating violence - BR133 mation to middle and high school stu- spouse and ex-spouse - BR65 Domestic dents - BR232 Crime Victims Nude image of minor, transmission, violence, dating partners, include - Technology, middle school students - possession - BR20 BR145 BR132 Expungement of records,criminal his- Public transportation, offenses against violence, orders of protection - tory - BR49 user or operator of - BR355 BR262 Education, Finance Gang, criminal - BR237 Severe mental illness, defined - BR98 Maintenance orders for spouses, avail- Murder, registration of offenders - Sexual abuse in the first degree, by ability of automatic payment methods Average daily attendance, calculation BR277 person operating confinement facility - BR65 of - BR398 - BR202 Orders, domestic violence, use of glob- Charter schools, transfer of funds for Crimes and Punishments Shock probation, availability in DUI al positioning monitoring - BR251 - BR115 cases - BR38 Credit cards and personal debt man- Theft offense, drivers license eligibil- Abuse of corpse and abuse of vener- Drugs and Medicines agement, requirement of instruction ity when restitution is unpaid - BR95 ated object, amendment to - BR320 about - BR107 Acupuncture, practicing without a li- Cancer clinical trials, treatment, health Kentucky educator award and recog- cense, penalty for - BR250 Deaths plans for - BR96 nition fund, creation of - BR123 Assault, commission by strangulation Pharmacy technicians, charitable or- Public school academies, transfer of against family member - BR341 Dead human bodies, initial removal, ganizations, waive application fee for funds - BR79 Criminal gangs - BR120 requirements for - BR48 - BR263 Dating violence - BR133 Human remains, treatment and pres- Smoking cessation treatment, preg- Education, Higher Death penalty, abolish - BR185 ervation of, Commonwealths’s role in nant women, Medicaid coverage of Direct care staff, ICF/MR resident, fail- - BR321 - BR11 Credit cards and personal debt man- ure to supervise, penalties - BR229 agement, requirement of instruction Domestic Disabilities and the Disabled Economic Development about - BR107 Education Professional Standards

THE KENTUCKY GENERAL ASSEMBLY 99 Board, increase membership of - plan - BR86 city of Dayton - BR57 BR75 Environment and Conserva- Retirement, no consolidation of ac- Stevie McReynolds Way in Calloway Foster children, dual credit and dual tion counts under various systems for new County, designation - BR266 enrollment courses, tuition waiver - members - BR176 Text messaging, prohibit while oper- BR297 Mold remediation, establish standards Transportation committees, receive ating a motor vehicle - BR118, 180; Public school academy, possible spon- for - BR15 report of special license plate denials BR283 sor of - BR79 Recycling, state offices and univer- - BR164 sities, reporting requirement for - Video lottery terminals in counties Historical Affairs Education, Vocational BR322 with racetracks, laws providing for, constitutional amendment - BR259 American Foster children, dual credit and dual Fairs Indian tribes, recognition of - BR319 enrollment courses, tuition waiver - Guardians Indian, definition of - BR318 BR297 State grand supreme, Harlan County Human remains, treatment and pres- home of, declaration - BR218 Direct care staff, ICF/MR resident, fail- ervation of, Commonwealth’s role in Effective Dates, Delayed ure to supervise, penalties - BR229 - BR321 Federal Laws and Regulations Jurisdiction, multi-state cases - Ridgetop Tribe of Shawnee Indians, BR 0066, gross revenues an dexcise BR295 commend - BR197 tax fund, “hold-harmless amount” - Constitution of United States, nullifi- BR66 cation by certain acts of federal gov- Health and Medical Services Hospitals and Nursing Homes In God We Trust license plate, effec- ernment - BR50 tive 1/1/2011 - BR150 Constitution, U.S., state sovereignty Acupuncture, licensing of - BR250 Acute care, definition for health insur- - BR54 Auditory screening report, definition ance contract purposes - BR213 Effective Dates, Emergency of - BR10 Fees Board of Nursing, member nominated Housing, Building, and Con- Alcoholic beverage wholesale tax, re- by Kentucky Licensed Practical Nurs- struction duce rates - BR265 Inspection of new manufactured home es, Inc. - BR298 BR installation, fee for - BR424 Cancer clinical trials, treatment, health Mold remediation, establish standards 0031, July 1, 2010 - BR31 plans for - BR96 for - BR15 0187, Sales tax holiday - BR187 Financial Responsibility Colon Cancer Screening Program, New manufactured home installation Child custody, spousal maintenance provide funding for - BR216 inspection, fee for - BR424 - BR65 Credit cards and personal debt man- Denture identification, requirement Personnel Board elections, procedures agement, requirement of instruction for - BR372 Inspections for, changes to - BR380 about - BR107 Hospitals contracts with insurer, re- quired provisions - BR213 New manufactured home installation Elections and Voting Firearms and Weapons Insurance, autism spectrum disorders, inspection, fee for - BR424 coverage for - BR121 Campaign finance report forms, no Exemption from federal law, firearms Kidney Cancer Awareness Month, Insurance change option - BR327 and ammunition made and used in KY designation of - BR390 Candidates for special election, proce- - BR348 Mold remediation, establish standards Audits, restrict use of lead or coordi- dures for - BR394 Right to bear arms, urge support of - for - BR15 nating audit partner to five consecu- Constitutional amendment, ballot on BR124 Organ donation, nonrefundable tax tive years - BR23 - BR172 credit, provide for - BR276 Hospitals contracts with insurer, re- Felons’ voting rights, constitutional Firefighters and Fire Depart- Pharmacy technicians, charitable or- quired provisions - BR213 ganizations, waive application fee for amendment to provide - BR1 ments Insurer, protection of consumer finan- Political organization 527 committees, - BR263 cial information - BR24 registration and reporting - BR258 Psychologists, licensing of - BR12 Limited line of authority, rental ve- 911 communication, procedure for ob- Smoking cessation treatment, preg- Prerecorded political messages, pro- taining - BR308 hicle - BR23 hibit to telephone numbers on Do Not nant women, Medicaid coverage of Loss run statement, written request to Fire subdistricts, dissolution of - - BR11 Call Registry - BR174 BR16 insurer - BR24 Registered independents, primaries, Rental vehicle agent and rental vehi- Highways, Streets, and Bridges participation in - BR222 Foods cle agent managing employee, define Study of centralized centers in coun- - BR23 ties, option of - BR324 “Jerry Chesnut Highway,” designate Burgoo, designate as state dish - Video lottery terminals in counties in Harlan County - BR142 BR108 Insurance, Health with racetracks, voter approval of, DUI, ignition interlock device, use of constitutional amendment - BR259 - BR275 Gambling Autism spectrum disorders, coverage Golf carts on local roads, increase al- for - BR121 Embalmers and Funeral Direc- lowable distance from golf course - Charitable gaming, mandatory training Cancer clinical trials, treatment, health tors BR199 plans for - BR96 program, requirement for - BR323 Limited supplemental highway guide Video lottery terminals in counties Hospitals contracts with insurer, re- Dead human bodies, initial removal, signs, adjust reimbursement methods quired provisions - BR213 with racetracks, constitutional amend- for - BR47 requirements for - BR48 ment to allow - BR259 Personal communication device, pro- Insurance, Motor Vehicle hibit the use of by drivers under the Emergency Medical Services General Assembly age of 18 - BR118 Claims, clarify rights of claimant to Railroad grade crossings; inspection 911 communication, procedure for ob- Annual sessions, limit to 30 days each choose repair shop - BR70 taining - BR308 of - BR168 year - BR178 Sergeant Justin A. Scott Memorial Constitution oath, change to - BR172 Interlocal Cooperation Energy Highway, designate in the City of Bel- Deficient administrative regulations, levue - BR58 Consolidation, adjoining counties - declare null, void, and unenforceable Shock probation, availability in DUI Nuclear power facilities; require plan BR334 - BR300 cases - BR38 for nuclear waste storage rather than Legislators’ Retirement Plan, close means for disposal - BR181 Staff Sergeant Nicholas R. Carnes plan to new entrants and establish new Memorial Highway, designate in the Interstate Cooperation

100 2009 Interim LEGISLATIVE RECORD Motor Carriers Guardians and conservators, jurisdic- Lottery Child custody determination, addi- tion between states - BR295 Public transportation, offenses against tional factor for - BR65 Lottery, advertising mentioning gov- user or operator of - BR355 Jails and Jailers ernment programs and services sup- Parks and Shrines ported - BR338 Motor Vehicles Gang, criminal - BR237 State Park overnight accommoda- Sexual abuse in the first degree, by Malt Beverages DUI, ignition interlock device, use of tions, exemption for disabled veterans person operating confinement facility - BR275 - BR60 - BR202 State Gold Star Mothers or Gold Star Spous- parks, limited sale of alcohol - BR315 es special license plates, additional Peace Officers and Law En- Judges and Court Commis- parks, limited sale of alcohol, provid- plates, purchase of - BR238 forcement sioners ing for - BR281 Golf carts on local roads, increase al- Wholesale sales tax, rate reduction - lowable distance from golf course - Domestic violence, dating partners, Orders, domestic violence, use of glob- BR265 BR199 include - BR145 al positioning monitoring - BR251 Insurance claims, clarify rights of Gang, criminal - BR237 Medicaid claimant to choose repair shop - Law enforcement agency, report VIN Justices of the Peace and Mag- BR70 on stolen items to NCIC - BR228 istrates Smoking cessation treatment, preg- Law enforcement agency, report VIN nant women, Medicaid coverage of on stolen items to NCIC - BR228 Pharmacists Consolidation, adjoining counties - - BR11 License plates, In God We Trust, es- BR334 tablish as alternate standard-issue Pharmacy technicians, charitable or- Memorials plate - BR150 ganizations, waive application fee for Legislative Research Commis- Personal communication device, pro- - BR263 sion Carnes, Staff Sergeant Nicholas R., hibit the use of by drivers under the designate road in honor of - BR57 age of 18 - BR118 Physicians and Practitioners Study of centralized voting centers in Designate road in honor of, Sergeant Public transportation, offenses against counties, option of - BR324 Justin A. Scott - BR58 user or operator of - BR355 Acupuncturists, licensing of - BR250 Stevie McReynolds Way in Calloway Rental vehicles, insurance for - BR23 Colon Cancer Screening Program, Licensing County, designation - BR266 Shock probation, availability in DUI provide funding for - BR216 cases - BR38 Denture identification, requirement Special license plates, require cabi- Acupuncture, licensing of - BR250 Men for - BR372 net to report denials to transportation Alcohol beverages, limited sales at Psychologists, licensing of - BR12 committees - BR164 state parks, licensing fee - BR315 Assault, commission by strangulation Smoking cessation treatment, preg- Text messaging, prohibit while oper- Charitable gaming, mandatory train- against family member - BR341 nant women, Medicaid coverage of ating a motor vehicle - BR118, 180; ing program, requirement, establish- Dating violence - BR133 - BR11 BR283 ment of - BR323 Domestic Theft offense, drivers license eligibil- Dead human bodies, initial removal, violence, dating partners, include - Police, City and County ity when restitution is unpaid - BR95 requirements for - BR48 BR145 Industrial hemp, growing of - BR139 violence, orders of protection - 911 communication, procedure for ob- New manufactured home installation BR262 Nuclear Energy taining - BR308 inspection, fee for - BR424 Orders, domestic violence, use of glob- Criminal gangs - BR120 Psychologists, licensing of - BR12 al positioning monitoring - BR251 Nuclear power facilities; require plan Domestic violence, dating partners, State for nuclear waste storage rather than include - BR145 parks, limited sale of alcohol, condi- Mental Disability means for disposal - BR181 Gang, criminal - BR237 tions, providing for - BR281 Law enforcement agency, report VIN parks, limited sale of alcohol, licens- Direct care staff, ICF/MR resident, fail- Nurses on stolen items to NCIC - BR228 ing fee, establishment of - BR281 ure to supervise, penalties - BR229 Theft offense, drivers license eligibil- Insurance, autism spectrum disorders, Board of Nursing, member nominated Police, State ity when restitution is unpaid - BR95 coverage for - BR121 by Kentucky Licensed Practical Nurs- Severe mental illness, defined - BR98 es, Inc. - BR298 911 communication, procedure for ob- Local Government Smoking cessation treatment, preg- taining - BR308 Mental Health nant women, Medicaid coverage of Criminal gangs - BR120 Consolidation, adjoining counties - - BR11 Domestic violence, dating partners, BR334 Insurance, autism spectrum disorders, include - BR145 Fire subdistricts, dissolution of - coverage for - BR121 Occupations and Professions Gang, criminal - BR237 BR16 Psychologists, licensing of - BR12 Law enforcement agency, report VIN Government Economic Assistance Severe mental illness, defined - BR98 Acupuncture, licensing of - BR250 on stolen items to NCIC - BR228 Fund, balances in investment of - Auditory screening report, definition Murder, registration of offenders - BR73 Military Affairs and Civil De- of - BR10 BR277 Gross revenues and excise tax fund, fense Dead human bodies, initial removal, “hold-harmless amount” - BR66 requirements for - BR48 Popular Names and Short Human remains, treatment and pres- Gold Star Mothers or Gold Star Spous- Denture identification, requirement Titles ervation of, Commonwealth’s role in, es special license plates, additional for - BR372 effects on local government - BR321 plates, purchase of - BR238 Mold remediation, establish standards 527 campaign Fund Disclosure and Local governments, enforcement of Purple Heart recipient, surviving for - BR15 Transparency Act of 2010 - BR258 criminal provisions - BR320 spouse, license plates - BR377 Pharmacy technicians, charitable or- State retirement systems, bodies par- State Park overnight accommoda- ganizations, waive application fee for Probation and Parole ticipating in, open records law, appli- tions, exemption for disabled veterans - BR263 cation of - BR87 - BR60 Psychologists, licensing practitioners Gang, criminal - BR237 video lottery terminals in counties with Veterans interviews, state employ- of - BR12 Murder, registration of offenders - racetracks, voter approval of, constitu- ment, requirement for - BR367 BR277 tional amendment - BR259 Parental Rights

THE KENTUCKY GENERAL ASSEMBLY 101 Public Buildings and Grounds Real Estate Veterans interviews, requirement for Board of Dentistry, require denture - BR367 Building Kentucky’s future fund, cre- New manufactured home installation identification - BR372 ation of, VLT funding, constitutional inspection, fee for - BR424 Cabinet for Health and Family Servic- State Symbols and Emblems amendment - BR259 es, provide suicide prevention aware- Reorganization ness information - BR232 State dish, designate burgoo as - Public Health Charitable gaming, mandatory train- BR108 Consolidation, adjoining counties - ing program, requirement, establish- Mold remediation, establish standards BR334 ment of - BR323 Studies Directed for - BR15 Corrections, use of privatized inmate Pharmacy technicians, charitable or- Retirement and Pensions food service in prison - BR114 Centralized voting centers in counties, ganizations, waive application fee for Deficient administrative regulations, option of - BR324 - BR263 Kentucky Employees Retirement Sys- declare null, void, and unenforceable Technology, middle school students - Smoking cessation treatment, preg- tem, close plan to new legislators and - BR300 BR132 nant women, Medicaid coverage of establish new plan - BR86 District owned vehicles, prohibiting - BR11 Legislative retirement, no consolida- use of - BR169 Substance Abuse tion of accounts under various systems Education Professional Standards Public Officers and Employees for new legislators - BR176 Board, increase membership of - DUI, ignition interlock device, use of Legislators’ Retirement Plan, close BR75 - BR275 Constitution oath, change to - BR172 plan to new entrants and establish new Employment, veterans interviews, re- Legislative retirement, no consolida- plan - BR86 quirement for - BR367 Taxation tion of accounts under various systems State retirement systems, bodies par- Health & Family Services, ICF/MR for new legislators - BR176 ticipating in, open records law, appli- resident, failure to supervise, penalties Alcoholic beverage wholesale tax, re- Legislators’ Retirement Plan, close cation of - BR87 - BR229 duction - BR265 plan to new entrants and establish new Human remains, treatment and pres- Gross revenues and excise tax fund, plan - BR86 Safety ervation of, Commonwealth’s role in “hold-harmless amount” - BR66 Personnel Board elections, procedures - BR321 Income tax, wellness project credit - for, changes to - BR380 Personal communication device, pro- Kentucky BR210 State retirement systems, bodies par- hibit the use of by drivers under the Board of Education, Kentucky Public Individual income tax, exempt wages ticipating in, open records law, appli- age of 18 - BR118 School Academy Commission, cre- paid by a small business with five or cation of - BR87 Text messaging, prohibit while oper- ation of - BR79 fewer employees - BR240 Veterans interviews, requirement for ating a motor vehicle - BR118, 180; Department of Education, administra- Organ donation, nonrefundable tax - BR367 BR283 tion of educator award and recognition credit, provide for - BR276 fund - BR123 Sales Public Records and Reports Sales Department of Education, Charter and use tax, exempt gross receipts from Schools, responsibilities relating to - sales of package alcohol - BR159 911 communication, procedure for ob- State BR115 and use tax, holiday - BR187 taining - BR308 parks, limited sale of alcohol - BR315 Department of Education, Kentucky and use tax, rate reduction, tax base Expungement of records,criminal his- parks, limited sale of alcohol, provid- Charter School Advisory Committee, expansion, certain exemptions re- tory - BR49 ing for - BR281 establishment of - BR115 pealed - BR31 Gang, criminal - BR237 Department of Education, public tax, small business, refund program - school academies, responsibilities for Law enforcement agency, report VIN Secretary of State BR239 on stolen items to NCIC - BR228 - BR79 Tax reform package, income, estate, Manufactured Home Certification and State retirement systems, bodies par- Campaign finance report forms, no and sales taxes - BR2 Licensure Board, limit inspection fee ticipating in, open records law, appli- change option - BR327 charged by - BR424 cation of - BR87 Constitutional amendment, definition Taxation, Income--Corporate Personnel Board elections, procedures of marriage, repeal of - BR93 for, changes to - BR380 Issuance of certificates following, pro- Repeal, January 1, 2011 - BR31 Public Utilities Recycling, state offices and univer- cedures for - BR394 Wellness project credit - BR210 sities, reporting requirement for - Nuclear power facilities; require plan Registered independents, primaries, BR322 for nuclear waste storage rather than participation in - BR222 Taxation, Income--Individual State means for disposal - BR181 Park overnight accommodations, ex- Earned income credit, creation of - Sheriffs emption for disabled veterans - BR60 BR2 Race Relations retirement systems, bodies participat- Exempt wages paid by a small busi- Law enforcement agency, report VIN ing in, open records law, application ness with five or fewer employees - American on stolen items to NCIC - BR228 of - BR87 BR240 Indian tribes, recognition of - BR319 Sexual abuse in the first degree, by Transportation Organ donation, nonrefundable tax Indian, definition of - BR318 person operating confinement facility Cabinet, establish alternate standard- credit, provide for - BR276 - BR202 issue license plate - BR150 Repeal, January 1, 2011 - BR31 Racing Cabinet, report special license plate Tax rates, increase on higher incomes Small Business denials to transportation committees - BR2 Equine excellence fudn, creation of, - BR164 Wellness project credit - BR210 VLT funding, constitutional amend- Acupuncturists, licensing of - BR250 Water Transportation Advisory Board, ment - BR259 Industrial hemp, licensing and grow- establishment of - BR135 video lottery terminals in counties ing of - BR139 Taxation, Inheritance and with racetracks, constitutional amend- Sales tax refund program - BR239 State Employees Estate ment to allow - BR259 Special Districts Health insurance, autism spectrum Federal estate tax, decouple from - Railroads disorders, coverage for - BR121 BR2 Fire subdistricts, dissolution of - Organ donation, nonrefundable tax Inspection of rail grade crossings - BR16 credit, provide for - BR276 Taxation, Sales and Use BR168 Personnel Board elections, procedures State Agencies for, changes to - BR380 Alcoholic beverage wholesale tax, re-

102 2009 Interim LEGISLATIVE RECORD duction - BR265 Sergeant Justin A. Scott Memorial Holiday, clothing, school supplies, Highway, designate in the City of Bel- Wills and Estates school art supplies, computers, school levue - BR58 computer supplies - BR187 special military-related plates, unlim- Federal estate tax, decouple from - Rate reduction, tax base expansion, ited purchase of - BR238 BR2 exemptions repeal - BR31 Staff Sergeant Nicholas R. Carnes Sales of package alcohol, exempt Memorial Highway, designate in the Women gross receipts - BR159 city of Dayton - BR57 Services, taxation of selected - BR2 Text messaging, prohibit while oper- Assault, commission by strangulation Small business, refund program - ating a motor vehicle - BR118, 180; against family member - BR341 BR239 BR283 Dating violence - BR133 Water, development of - BR135 Domestic Teachers violence, dating partners, include - Uniform Laws BR145 Digital citizenship definitions include violence, orders of protection - in professional development - BR231 Adult Guardianship and Protective BR262 Student attendance records, comple- Proceedings Jurisdiction Act, adop- Orders, domestic violence, use of glob- tion of - BR82 tion of - BR295 al positioning monitoring - BR251 Smoking cessation treatment, preg- Tobacco United States nant women, Medicaid coverage of - BR11 Smoking cessation treatment, preg- Criminal gangs - BR120 nant women, Medicaid coverage of Exemption from federal law, firearms - BR11 and ammunition made and used in KY - BR348 Trade Practices and Retailing Mandates, federal, under the U.S. Constitution - BR54 Exemption from federal law, firearms Tenth Amendment, limits of federal and ammunition made and used in KY power and nullification of Constitu- - BR348 tion under - BR50 Motor vehicle insurers, define and prohibit deceptive practices - BR70 Universities and Colleges Vehicle insurance claims, clarify rights of claimant to choose repair Credit cards and personal debt man- shop - BR70 agement, requirement of instruction about - BR107 Traffic Safety Education Professional Standards Board, increase membership of - DUI, ignition interlock device, use of BR75 - BR275 Foster children, dual credit and dual Golf carts on local roads, increase al- enrollment courses, tuition waiver - lowable distance from golf course - BR297 BR199 Public school academy, possible spon- Railroad grade crossings; inspection sor of - BR79 of - BR168 Shock probation, availability in DUI Veterans’ Affairs cases - BR38 Text messaging, prohibit while operat- Gold Star Mothers or Gold Star Spous- ing a motor vehicle - BR283 es special license plates, additional plates, purchase of - BR238 Transportation Purple Heart recipient, surviving spouse, license plates - BR377 Gold Star Mothers or Gold Star Spous- Special military-related plates, unlim- es special license plates, additional ited purchase of - BR238 plates, purchase of - BR238 State Golf carts on local roads, increase al- employment, interviews, requirement lowable distance from golf course - for - BR367 BR199 Park overnight accommodations, ex- License plates, In God We Trust, es- emption for disabled veterans - BR60 tablish as alternate standard-issue plate - BR150 Waste Management Limited supplemental highway guide signs, adjust reimbursement methods Nuclear power facilities; require plan for - BR47 for nuclear waste storage rather than Personal communication device, pro- means for disposal - BR181 hibit the use of by drivers under the Recycling, state offices and univer- age of 18 - BR118 sities, reporting requirement for - Public transportation, offenses against BR322 user or operator of - BR355 Purple Heart recipient, surviving Waterways and Dams spouse, license plates - BR377 Railroad grade crossings; inspection Water transportation, development of of - BR168 - BR135

THE KENTUCKY GENERAL ASSEMBLY 103 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 Kentucky Senate 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. Dan Seum 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 2009 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

2009 Interim Pre Sorted Standard Change Service Requested U.S. Postage LEGISLATIVE PAID Kentucky General Assembly RECORD Frankfort, Kentucky 700 Capitol Avenue Permit Number 308 Frankfort, Kentucky 40601

104 2009 Interim LEGISLATIVE RECORD