2019

November

PUBLISHED BY LEGISLATIVE RESEARCH COMMISSION Volume 32, No. 8 LEGISLATURE.KY.GOV/LEGISLATION/PAGES/DEFAULT.ASPX Hemp, Panel updated on battle broadband against fatal overdoses concerns by Jim Hannah LRC Public Information brought before

FRANKFORT – Drug overdose deaths state panel in Kentucky decreased 15 percent last year. That’s 233 fewer people dying. by Rebecca Hanchett LRC Public Information “We were very pleased to see 233 families that did not have to go through the pain of losing a loved one to a prevent- FRANKFORT—Kentucky Farm Bureau able death,” Office of Drug Control Policy President Mark Haney said his organization’s Executive Director Van Ingram said while advice for Kentucky’s growing number of hemp testifying during the Nov. 18 meeting of the producers is “be careful.” Interim Joint Committee on Health, Welfare Haney told the Interim Joint Committee and Family Services. “We are certainly not on Agriculture on Nov. 19 that farmers are being encouraged to enter the growing hemp declaring victory. We are not celebrating, but Interim Joint Committee on Health, Welfare, and Family we do feel confident that we are moving in Services Co-Chair Rep. , R-Taylor industry, but with minimal risk. Kentucky is the right direction.” Mill, comments during the committee’s meeting. finishing its first five years of modern hemp He was among a group that spoke about production which began in 2014 under the the results of numerous policy initiatives state’s Industrial Hemp Research Pilot Program. in Kentucky to reduce the number of drug The research pilot program is ending this dosage units. year, with the state’s Hemp Licensing Program overdose deaths. Last year’s decrease fol- Dr. Doug Oyler of University of Ken- lowed years of steady increases in the death entering a new stage of commercial production tucky HealthCare testified that the initiative in 2020. toll, driven mostly by a rise in opioid abuse, had reduced opioid prescriptions by 1,300 heroin and fentanyl. “We tell all the producers, and have been annually just within that health care system. saying all along, be careful. Go slow. Don’t risk Ingram said the 15 percent decrease was “I love hearing that some ... of the a bright spot because the nation as a whole any more than you can afford to put at risk,” legislative actions we have taken to really said Haney. The caution comes as many farm- saw a decrease of just under 5 percent. move this conversation forward are making a He said some of the policy initiatives ers, he said, look to hemp as a replacement for difference,” said Rep. Kimberly Poore Moser, once-reliable sources of income—like tobac- include curbing the number of controlled R-Taylor Mill, co-chair of the committee, and substances prescribed by doctors. From 2015 co—amid today’s agriculture market disrup- former director of the Northern Kentucky tions and downturns. to 2018, the number of opioid analgesics Office of Drug Control Policy. dispensed in Kentucky fell by a little over Making hemp as profitable as tobacco once 800,000. That’s equivalent to 64 million fewer Continued on page 3 was to Kentucky farmers, if possible, will take Continued on page 2

THE KENTUCKY GENERAL ASSEMBLY 1 Kentucky changes route to REAL ID compliance

by Jim Hannah Co-chair Sen. Ernie Harris, R-Prospect, said The transportation cabinet is currently only LRC Public Information upon hearing of the change. “We are just trying issuing REAL IDs at its headquarters in Frank- to play catch-up with what the feds want us to lin County. It is accepting applications from FRANKFORT – A change in how Ken- do in a limited timeframe.” both Franklin County residents and neighbor- tucky plans to comply with the federal REAL Legislation passed in 2017 to comply with ing Anderson County residents. Henderson said ID Act will require additional legislation during the federal law envisioned each of Kentucky's it would soon start accepting applications from the upcoming Regular Session of the Kentucky 120 circuit court clerks issuing the new REAL nearby Scott County. General Assembly. IDs, but Harris said unforeseen workloads Henderson said the 12 regional offices That’s what Department of Vehicle Reg- stymied that plan. Circuit court clerks have tra- would be located in Paducah, Madisonville, ulation Commissioner Matt Henderson told ditionally issued driver's licenses in Kentucky. Bowling Green, Elizabethtown, Louisville, Lex- members of the Interim Joint Committee on Henderson said the new plan is to set up ington, Florence, Somerset, Manchester, Jack- Transportation during their Nov. 18 meeting, 12 regional offices to issue REAL IDs before the son, Prestonsburg and Morehead. He said state the group’s last scheduled gathering before the October 2020 deadline. That’s when Kentucky’s officials are looking to locate them in existing opening of session on Jan. 7. traditional driver’s licenses will no longer be state buildings such as transportation cabinet “It is not a topic without strong opin- accepted for commercial air travel or to enter field offices. Henderson said the hope is to have ions on both sides, but I would like to remind certain federal facilities like military bases and everyone this is a federal mandate,” committee the White House. Continued on page 3

Interim Joint Committee on Agriculture Co-Chair Agriculture, Rep. , R-Mayfield, fields from page 1 questions during the committee’s Nov. 18 meeting in Frankfort. time, said Haney. “It would be wonderful if we could do that,” he said. “So we’re telling folks, ‘help us build the industry and don’t just try to swing for a home run.’” Haney said the Kentucky Farm Bureau has formed a hemp advisory committee to work on issues that could help farmers build the indus- same stuff.” you can’t even download the programming … try moving forward. That work, he said, could Concerns about cash flow to hemp produc- it’s pretty sad. And it’s important to our mem- come in handy in any future legislative discus- ers also voiced by Graviss were shared earlier in bers more now than it has ever been before,” sions concerning the farmer’s role in the hemp the meeting with Governor’s Office of Agricul- said Haney, adding that his organization will industry. Haney said he hopes hemp processors tural Policy Executive Director Warren Beeler, likely approach the Kentucky General Assembly will take a similar approach regarding their role who said farmers have had high hopes for hemp for help on the matter in the future. in the industry. amid uncertainty in other agricultural markets. Sen. Stephen West, R-Paris, an attorney “Most of the questions about hemp that Now farmers are finding that hemp production and cattle farmer, said internet connectivity is I’ve heard were not about production of hemp. brings its own uncertainty, he told lawmakers. important to him and his constituents, includ- It was about the processing of hemp and how “We don’t know exactly where we’re going ing a number of rural Kentuckians with limited we transport it, how we get paid for it, (about) to end up,” said Beeler. “But hemp has a chance internet access. West said that while full imple- the systems from the farm gate through the rest to help us. It has a chance to be maybe that mentation the KentuckyWired project—which of the pipeline,” said Haney. tobacco that we thought we’d never have a re- is intended to provide gigabit-speed access Rep. Joe Graviss, D-Versailles, asked Haney placement for.” statewide—is expected within the next year or if the Kentucky Farm Bureau’s hemp advisory One of the most critical issues facing many so, he wonders what support there is from the committee could look into whether Kentucky Kentucky farmers, said Haney, is the need for private sector for improved internet speed. farmers are being fairly compensated for their high-speed broadband. While most Kentucki- “They have to address these issues to get crop. He also encouraged a standard means to ans have internet access, Haney said rural areas more service out to our farmers and rural areas,” test hemp products, saying he would like the remain that don’t have the connection speed West said. organization to look into “standardization in necessary to use high-tech apps and programs Haney said the Farm Bureau is communi- testing” of hemp products on store shelves to now commonplace in modern agriculture. cating with the private sector and is “hoping to make sure “what is on the shelf at a gas station “If you can’t operate the device that you’re put together some stakeholders that will contin- or a pharmacy is actually going to contain the working with because the speed is so low that ue to work on this in the near future.”

2 2019 Interim LEGISLATIVE RECORD Rep. Chris Harris, D-Forest Hills, REAL ID, comments on from page 2 transportation issues facing the state at the Nov. 18 Interim all 12 operating by early next year. Joint Committee Henderson said would like to have about on Transportation 28 regional offices but knew that wasn’t feasi- meeting. ble before the federally imposed deadline. He added that a decision on how many offices to open might be left to the new administration. (Kentucky’s governor-elect will be sworn into office on Dec. 10.) Sen. Albert Robinson, R-London, ex- pressed concern that the final plan didn’t include a regional office in Laurel County. “I understood that was the original intention,” Robinson said. Sen. Stephen Meredith, R-Leitchfield, said he preferred issuing REAL IDs in every county. He said the regional plan places a financial bur- residents. He said some mountain residents Sen. Jimmy Higdon, R-Lebanon, stressed den on rural residents who live far away from might have over an hour-long drive. that not everyone needs a Real ID. centers of commerce. Rep. Chris Harris, D-Forest Hills, asked He said Kentucky’s traditional driver’s “I still have a problem with the fact we can’t what the new plan was costing. Henderson license could still be used to apply for or receive do this in each county,” Meredith said, “but I estimated it would cost $16 million annually for federal benefits, access health and medical ser- guess that is something we will get into during 28 regional offices. That prompted Harris, who vices, participate in law enforcement investiga- the next legislative session.” chaired the meeting, to add he was originally tions, operate a vehicle and vote. Rep. , D-Louisville, asked told the cost would be $5 million. “I don’t want people to panic to think they what the maximum distance residents would Henderson said fees to get the REAL IDs have to have a Real ID and drive an hour out of have to travel to get a Real ID. Henderson said could fund the regional offices – but that would their way when grandma simply doesn’t need the longest drive would be for Eastern Kentucky require yet more legislation. one if she doesn’t plan to fly,” Higdon said.

Opioids, from page 1 One initiative is expanding the use of Ingram said arrests for possession of heroin are statistically at the greatest risk of overdosing medication-assisted treatment, known as MAT, were down 15 percent and arrests for traffick- are Madison, Clark, Kenton, Boyd, Gallatin, to treat opioid use disorders. Ingram said 1,240 ing heroin were down 12 percent from 2017 Pendleton, Owen, Jefferson, Grant and Camp- doctors practicing in Kentucky have received a through March of this year. He added that her- bell. federal waiver to prescribe the drug buprenor- oin deaths were down almost 54 percent during “As a state, we have come to learn treat- phine, used in MAT. Ingram added, however, the same period. ment isn’t enough,” Ingram said as he described that most of those doctors are treating five or Ingram attributed the downturn to fentanyl some recent initiatives undertaken by his office. fewer patients. from China flooding the United States. He said “Transitional housing for people in early recov- Buprenorphine has also become the No. 1 the drug cartels recognized that it was a more ery and employment support for people in early drug being diverted or given to another per- profitable business model to buy chemicals from recovery are just as important as anything else son for illicit use. Ingram said that was “tragic” China than it is to grow opium poppies. we can do. but that the abuse of buprenorphine generally “Unless the Chinese live up to their prom- “People do get better, but it doesn’t always doesn’t cause overdose deaths. ises and make real efforts to control the chem- happen on our timetable. It happens on theirs. Rep. , R-East Bernstadt, a ical supply in that country ... fentanyl is going We want to do the things we can to increase the pharmacist by trade, asked if Kentucky need- to be the business model we see,” Ingram said. odds that people stay in recovery and continue ed to pass legislation to increase training for “That is alarming.” to get better.” doctors in hopes of reducing the diversion of He highlighted the fact that fentanyl traf- Rep. Danny Bentley, R-Russell, also a phar- the drug. Ingram said Kentucky could require ficking arrests are up 73 percent in the state. macist, asked Ingram about recent court settle- more rigorous training than the eight-hour “There is a lot of work to be done,” Ingram ments against drug companies and pharmacy online course federal authorities require before said, adding that there were still 1,333 lethal chains accused of fueling the addiction crisis. prescribing buprenorphine. overdoses last year. “That isn’t acceptable. It’s “There is lots of blame to go around, but “We should look into that,” Goforth said in not a number we can live with.” there is only a small group that profited,” In- response. Ingram said the 10 counties where people gram said.

THE KENTUCKY GENERAL ASSEMBLY 3 2020 Regular Session Calendar

4 2019 Interim LEGISLATIVE RECORD 2019 General Senate Assembly

Julie Raque Adams (36) Jimmy Higdon (14) Brandon Smith (30) 213 S Lyndon Lane 344 N Spalding 124 Craig Street Louisville, KY 40222 Lebanon, KY 40033 Hazard, KY 41702 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 270-692-6945 (Home) 606-436-4526 Ralph Alvarado (28) Paul Hornback (20) (Home FAX) 606-436-4526 3250 McClure Road 6102 Cropper Rd Robert Stivers II (25) Winchester, KY 40391 Shelbyville, KY 40065 207 Main St (LRC) 502-564-8100 (LRC) 502-564-8100 Manchester, KY 40962 Tom Buford (22) Stan Humphries (1) (LRC) 502-564-8100 409 W Maple St 763 Sinking Fork Rd (Home) 606-598-8575 Nicholasville, KY 40356 Cadiz, KY 42211 (Work) 606-598-2322 (LRC) 502-564-8100 (LRC) 502-564-8100 (Work FAX) 606-598-2357 (LRC FAX) 502-564-2466 (Home) 270-522-0195 Damon Thayer (17) (Home) 859-885-0606 Alice Forgy Kerr (12) 702 Capital Ave. (Home FAX) 859-885-0606 3274 Gondola Dr Annex Room 242 Jared Carpenter (34) Lexington, KY 40513 Frankfort, KY 40601 PO Box 100 (LRC) 502-564-8100 (LRC) 502-564-8100 Berea, KY 40403 (Home) 859-223-3274 (LRC) 502-564-8100 Christian McDaniel (23) Reginald Thomas (13) Danny Carroll (2) PO Box 15231 702 Capital Ave. 220 Cimarron Way Latonia, KY 41015 Annex Room 255 Paducah, KY 42001 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 Morgan McGarvey (19) (LRC) 502-564-8100 (Home) 270-703-8025 2250 Winston Ave (LRC FAX) 502-564-0777 Julian M. Carroll (7) Louisville, KY 40205 Johnny Ray Turner (29) 702 Capital Ave (LRC) 502-564-8100 849 Crestwood Dr Annex Room 255 (Home) 502-589-2780 Prestonsburg, KY 41653 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 Stephen Meredith (5) (Home) 606-889-6568 1424 Byrtle Grove Rd Robin L. Webb (18) Matt Castlen (8) Leitchfield, KY 42754 102 S Hord St 702 Capital Ave (LRC) 502-564-8100 Grayson, KY 41143 Annex Room 255 (LRC) 502-564-8100 Frankfort, KY 40601 (4) (Home) 606-474-5380 (LRC) 502-564-8100 702 Capital Avenue Stephen West (27) Annex Room 255 202 Vimont Ln Perry B. Clark (37) Frankfort, KY 40601 Paris, KY 40361 5716 New Cut Rd (LRC/Home) 502-564-8100 (LRC) 502-564-8100 Louisville, KY 40214 Whitney Westerfield (3) (LRC) 502-564-8100 Gerald A. Neal (33) 700 South Main Street 462 S 4th St PO Box 1107 C.B. Embry Jr. (6) Meidinger Twr, Ste. 1250 Hopkinsville, KY 42241 PO Box 1215 Louisville, KY 40202 (LRC) 502-564-8100 Morgantown, KY 42261 (LRC) 502-564-8100 (Work) 270-885-7671 (LRC) 502-564-8100 (Home) 502-776-1222 (Home) 270-526-6237 (Work) 502-584-8500 Phillip Wheeler (31) (Work FAX) 502-584-1119 702 Capital Ave. Rick Girdler (15) Dennis Parrett (10) Annex Room 255 702 Capital Ave 731 Thomas Rd Frankfort, KY 40601 Annex Room 209 Elizabethtown, KY 42701 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 270-765-4565 Mike Wilson (32) David P. Givens (9) Albert Robinson (21) 702 Capital Ave. PO Box 12 1249 S Main St Annex Room 242 Greensburg, KY 42743 London, KY 40741 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 Denise Harper Angel (35) John Schickel (11) Max Wise (16) 2521 Ransdell Ave PO Box 991 702 Capital Ave. Louisville, KY 40204 Union, KY 41091 Annex Room 229 (LRC) 502-564-8100 (LRC) 502-564-8100 Frankfort, KY 40601 (Home) 502-452-9130 Wil Schroder (24) (LRC) 502-564-8100 Ernie Harris (26) 702 Capital Ave PO Box 1073 Annex Room 209 * Members of the Kentucky General Assembly may also be Crestwood, KY 40014 Frankfort, KY 40601 contacted by calling 502-564-8100. (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-241-8307

THE KENTUCKY GENERAL ASSEMBLY 5 2019 Kentucky General Assembly House

Rocky Adkins (99) (30) (46) PO Box 688 4012 Lambert Ave 8406 Cloverport Dr Sandy Hook, KY 41171 Louisville, KY 40218 Louisville, KY 40228 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 606-738-4242 (Home) 502-454-4002 (Work) 606-928-0407 McKenzie Cantrell (38) Jim Glenn (13) (Work FAX) 606-929-5913 702 Capital Avenue 702 Capital Ave. (4) Annex Room 424A Annex Room 462A 2359 Brown Mines Rd Frankfort, KY 40601 Frankfort, KY 40601 Marion, KY 42064 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 John Bam Carney (51) (Home) 270-686-8760 (Home) 270-988-4171 PO Box 4064 Campbellsville, KY 42719 (LRC) 502-564-8100 Robert Goforth (89) 2163 E Highway 30 Danny Bentley (98) (Home) 270-403-7980 East Bernstadt, KY 40729 702 Capital Avenue (LRC) 502-564-8100 Annex Room 367C (37) (LRC FAX) 502-564-5640 Frankfort KY 40601 PO Box 509 (Home) 606-305-1321 (LRC) 502-564-8100 Fairdale, KY 40118 Jr. (12) (LRC) 502-564-8100 714 N Broadway B2 John Blanton (92) (Work) 502-439-6175 Providence, KY 42450 702 Capital Avenue (9) (LRC) 502-564-8100 Annex Room 329H 491 E Nashville St (Home) 270-667-7327 Frankfort, KY 40601 Pembroke, KY 42266 (Work FAX) 270-667-5111 (LRC) 502-564-8100 (LRC) 502-564-8100 Derrick Graham (57) (Home) 270-475-9503 157 Bellemeade Dr (32) Jim DuPlessis (25) Frankfort, KY 40601 702 Capital Ave. 702 Capital Ave (LRC) 502-564-8100 Annex Room 451E Annex Room 376 (Home) 502-223-1769 Frankfort, KY 40601 Frankfort, KY 40601 Joe Graviss (56) (LRC) 502-564-8100 (LRC) 502-564-8100 702 Capital Ave. Charles Booker (43) Larry Elkins (5) Annex Room 429J 702 Capital Ave. 702 Capital Ave. Frankfort, KY 40601 Annex Room 424C Annex Room 405D (LRC) 502-564-8100 Frankfort, KY 40601 Frankfort, KY 40601 (Work) 859-433-4392 (LRC) 502-564-8100 (LRC) 502-564-8100 David Hale (74) 11 Hales Ln Adam Bowling (87) Daniel Elliott (54) Wellington, KY 40387 PO Box 2928 PO Box 2082 (LRC) 502-564-8100 Middlesboro, KY 40965 Danville, KY 40423 (Home) 606-768-3474 (LRC) 502-564-8100 (LRC) 502-564-8100 Chris Harris (93) (Home) 859-332-4204 719 Forest Hills Rd Joseph M. Fischer (68) Forest Hills, KY 41527 Terri Branham Clark (100) 126 Dixie Place (LRC) 502-564-8100 702 Capital Ave. Ft Thomas, KY 41075 (Home) 606-237-0055 Annex Room 429B (LRC) 502-564-8100 Mark Hart (78) Frankfort, KY 40601 (Home) 859-781-6965 202 W 4th St (LRC) 502-564-8100 (Work) 513-794-6442 Falmouth, KY 41040 (Home) 606-232-0357 (75) (LRC) 502-564-8100 121 Arcadia Park (Home) 859-654-4278 Kevin D. Bratcher (29) Lexington, KY 40503 (94) 10215 Landwood Dr (LRC) 502-564-8100 20 Ohio St Louisville, KY 40291 (Home) 859-221-3107 Whitesburg, KY 41858 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-231-3311 Deanna Frazier (81) Richard Heath (2) 702 Capital Ave. 438 Millers Chapel Rd R. Travis Brenda (71) Annex Room 405C Mayfield, KY 42066 702 Capital Ave. Frankfort, KY 40601 (LRC) 502-564-8100 Annex Room 316E (LRC) 502-564-8100 (Home) 270-705-7539 Frankfort, KY 40601 (Work) 270-247-2210 (LRC) 502-564-8100 (6) (Work FAX) 270-247-2304 702 Capital Ave. (3) Annex Room 413E Kathy Hinkle (96) 375 Stonegate Drive Frankfort, KY 40601 702 Capital Ave. Paducah, KY 42003 (LRC) 502-564-8100 Annex Room 424B (LRC) 502-564-8100 Frankfort, KY 40601 (Home) 270-331-0648 (84) (LRC) 502-564-8100 (Home FAX) 270-443-4526 277 Right Branch Spencer (83) Chavies, KY 41727 PO Box 985 George Brown Jr. (77) (LRC) 502-564-8100 Jamestown, KY 42629 424 E Fourth Street (Home) 606-233-5660 (LRC) 502-564-8100 Lexington, KY 40508 (Home) 270-343-2264 (LRC) 502-564-8100 (Work) 270-343-5588 (Home) 859-312-7513

6 2019 Interim LEGISLATIVE RECORD 2019 Kentucky General Assembly

Cluster Howard (91) C. Ed Massey (66) (16) 476 Kings Ridge 702 Capital Ave. PO Box 397 Jackson, KY 41339 Annex Room 352B Elkton, KY 42220 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 (Home) 606-568-7660 (LRC) 502-564-8100 (Home) 270-265-3163 (Home FAX) 270-265-3164 Regina Huff (82) Bobby McCool (97) (62) 179 Mountain St 702 Capital Ave. 702 Capital Ave Williamsburg, KY 40769- Annex Room 413C Annex Room 351 (LRC) 502-564-8100 Frankfort, KY 40601 Frankfort, KY 40601 (Home) 606-549-3439 (LRC) 502-564-8100 (LRC) 502-564-8100

Thomas Huff (49) Chad McCoy (50) Melinda Gibbons Prunty (15) PO Box 1331 702 Capital Avenue PO Box 411 Shepherdsville, KY 41065 Annex Room 370 Greenville, KY 42345 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 Joni L. Jenkins (44) (80) (47) PO Box 273 2010 O’Brien Ct PO Box 121 Bedford, KY 40006 Shively, KY 40216 Stanford, KY 40484 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-255-3392 (Home) 502-447-4324 (42) (Work) 502-255-3286 Dennis Keene (67) PO Box 757 (Work FAX) 502-255-9911 1040 Johns Hill Rd Louisville, KY 40201 Wilder, KY 41076 (LRC) 502-564-8100 (31) (LRC) 502-564-8100 (Work) 502-741-7464 702 Capital Ave. (Home) 859-441-5894 Michael Meredith (19) Annex Room 451B (55) PO Box 292 Frankfort, KY 40601 250 Bright Leaf Dr Brownsville, KY 42210 (LRC) 502-564-8100 Harrodsburg, KY 40330 (LRC) 502-564-8100 (LRC) 502-564-8100 (Work) 270-597-6049 (24) (Home) 859-734-2173 Russ A. Meyer (39) 113 N Walters Ave Matthew Koch (72) 106 Lone Oak Drive P.O. Box 8 702 Capital Ave. Nicholasville, KY 40356 Hodgenville, KY 42748 Annex Room 329E (LRC) 502-564-8100 (LRC) 502-564-8100 Frankfort, KY 40601 Suzanne Miles (7) (Work) 270-358-0868 (LRC) 502-564-8100 PO Box 21592 (23) (69) Owensboro, KY 42304 189 Blue Sky Dr 170 Herrington Ct #12 (LRC) 502-564-8100 Glasgow, KY 42141 Erlanger, KY 41018 (LRC) 502-564-8100 (LRC) 502-564-8100 Charles Miller (28) (Home) 270-646-6821 (Home) 859-653-5312 3608 Gateview Cir Rob Rothenburger (58) Louisville, KY 40272 811 Stapleton Rd (40) (LRC) 502-564-8100 Shelbyville, KY 40065 702 Capital Ave. (Home) 502-937-7788 (LRC) 502-564-8100 Annex Room 429E (Home) 502-633-5832 Frankfort, KY 40601 Jerry T. Miller (36) (LRC) 502-564-8100 PO Box 36 (21) Eastwood, KY 40018 PO Box 336 (45) (LRC) 502-564-8100 Tompkinsville, KY 42167 PO Box 2090 (LRC) 502-564-8100 Lexington, KY 40588 (20) (LRC) 502-564-8100 702 Capital Ave. (1) (Home) 859-252-2202 Annex Room 429A 350 Peppers Mill Drive (Home FAX) 859-259-2927 Frankfort, KY 40601 Paducah, KY 42001 Derek Lewis (90) (LRC) 502-564-8100 (LRC) 502-564-8100 702 Capital Ave. (Work) 270-462-3156 Annex Room 413D Kimberly Poore Moser (64) Frankfort, KY 40601 PO Box 143 (60) (LRC) 502-564-8100 Independence, KY 41051 12094 Jockey Club Dr (Home) 606-594-0061 (LRC) 502-564-8100 Union, KY 41091 (Home FAX) 606-672-5526 (LRC) 502-564-8100 (33) (Home) 859-371-8840 (14) 702 Capital Avenue (Home FAX) 859-371-4060 PO Box 454 Annex Room 416C Dean Schamore (10) Hartford, KY 42347 Frankfort, KY 40601 120 Ball Park Rd (LRC) 502-564-8100 (LRC) 502-564-8100 Hardinsburg, KY 40143 (LRC) 502-564-8100 (61) (59) 702 Capital Ave. PO Box 8 (41) Annex Room 413G Prospect, KY 40059 702 Capital Ave Frankfort, KY 40601 (LRC) 502-564-8100 Annex Room 432C (LRC) 502-564-8100 (Work) 502-645-2186 Frankfort, KY 40601 (34) (LRC) 502-564-8100 2007 Tyler Ln (76) Louisville, KY 40205 10 Deepwood Dr (LRC) 502-564-8100 Lexington, KY 40505 (Home) 502-451-5032 (LRC) 502-564-8100 (Home) 859-299-2597

THE KENTUCKY GENERAL ASSEMBLY 7

2019 Kentucky LRC General Assembly Publications

Steve Sheldon (17) (52) 2020 Price List 702 Capital Ave PO Box 969 Annex Room 351B Monticello, KY 42633 Daily Record Pick up: $165 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 606-340-8490 (26) Daily Record Mailed: $165 (plus PO Box 6605 John Sims Jr (70) postage) 3177 Maysville Rd Shepherdsville, KY 40165 Flemingsburg, KY 41041 (LRC) 502-564-8100 Friday Record Mailed: $38.50 (plus (LRC) 502-564-8100 (Home) 502-543-8209 (Home) 606-748-1839 postage) (79) PO Box 22778 Maria Sorolis (48) Individual Record Pick up: $2.75 702 Capital Ave Lexington, KY 40522 Annex Room 432A (LRC) 502-564-8100 Individual Record Mailed: $2.75 (plus (Work) 859-266-7581 Frankfort, KY 40601 postage) (LRC) 502-564-8100 Buddy Wheatley (65) 702 Capital Avenue Cherlynn Stevenson (88) Annex Room 462A 702 Capital Ave Frankfort, KY 40601 Bills Annex Room 424G (LRC) 502-564-8100 Frankfort, KY 40601 (11) Complete Set of Bills and Resolutions (LRC) 502-564-8100 702 Capital Avenue III (86) Annex Room 451A (Pick up): $630 545 KY 223 Frankfort, KY 40601 Flat Lick, KY 40935 (LRC) 502-564-8100 Individual Bills Per Page: $.05 (LRC) 502-564-8100 (Work) 270-831-1087 (Home) 606-542-5210 (35) Amendments Per Page: $.05 (22) 702 Capital Avenue 1481 Jefferson School Road Annex Room 424D Roll Call Votes: $.15 Per Page Scottsville, KY 42164 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 270-622-5054 (Home) 502-599-7289 Publications Les Yates (73) Ashley Tackett Laferty (95) 702 Capital Avenue 1-10 copies: Free to general public; 702 Capital Ave Annex Room 351C Annex Room 432F Frankfort, KY 40601 larger numbers of free copies are Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 available to schools and state agencies (27) 702 Capital Ave (Copies over preapproved limits require Annex Room 351D * Members of the Kentucky General Assembly may also be Frankfort, KY 40601 contacted by calling 502-564-8100. agency approval) (LRC) 502-564-8100 Walker Thomas (8) 2620 Cox Mill Road Hopkinsville, KY 42240 Administrative Regulations (LRC) 502-564-8100 (Home) 270-889-8091 Administrative Register (monthly): (Home FAX) 270-885-5335 $120.00 James Tipton (53) 8151 Little Mount Rd Taylorsville, KY 40071 (LRC) 502-564-8100 Acts of the General Assembly (2018) Regular Session: $80.00 (2 Volumes) Tommy Turner (85) 175 Clifty Grove Church Special Sessions: Priced after printing Somerset, KY 42501 (LRC) 502-564-8100 (Home) 606-274-5175 Journals House and Senate Complete Set, House Set, Senate Set: Priced after printing

(All prices subject to 6% Kentucky sales tax within Kentucky, and subject to change)

8 2019 Interim LEGISLATIVE RECORD Committee Meetings

INTERIM JOINT COMMITTEE accumulated $50 million in reserve funds in less than a year. ON APPROPRIATIONS AND In response to a question from Chair Bechler, Index REVENUE Mr. Humphress stated that ABC would like to have Budget Review Subcommittee on Economic two years to develop regulations and implement if A Development, Tourism, and Environmental medical marijuana legislation were passed. Agriculture, 14 Protection There being no further business to come before Alzheimer’s and Dementia Workforce Assessment Minutes of the 4th Meeting the subcommittee, the meeting was adjourned at 9:45 Task Force, 30 of the 2019 Interim a.m. Appropriations and Revenue, 9, 18 October 1, 2019 Area Development District Working Group, 29 Call to Order and Roll Call The fourth meeting of the Budget Review INTERIM JOINT COMMITTEE ON C Subcommittee on Economic Development, Tourism, HEALTH, WELFARE, AND FAMILY Capital Planning Advisory Board, 35 and Environmental Protection of the Interim Joint SERVICES Capital Projects and Bond Oversight, 22 Committee on Appropriations and Revenue was Minutes of the 6th Meeting Child Welfare Oversight and Advisory Commit- held on Tuesday, October 1, 2019, at 9:00 AM, in of the 2019 Interim tee, 16 Room 154 of the Capitol Annex. Representative Lynn September 30, 2019 E Bechler, Chair, called the meeting to order, and the Call to Order and Roll Call Education Assessment and Accountability Review secretary called the roll. The 6th meeting of the Interim Joint Committee Subcommittee, 27 Present were: on Health, Welfare, and Family Services was held on Members: Representative Lynn Bechler, Co- Monday, September 30, 2019, at 1:00 PM, in Room G Chair; Senators Perry B. Clark; Representatives Terri Government Contract Review Committee, 36 154 of the Capitol Annex. Senator Ralph Alvarado, Branham Clark, Savannah Maddox, Russell Webber, Chair, called the meeting to order, and the secretary H and Les Yates. called the roll. Health, Welfare, and Family Services, 9 Guests: K. Gail Russell, Secretary, Present were: P Public Protection Cabinet; Carol Beth Martin, Members: Senator Ralph Alvarado, Co-Chair; 2020 Prefiled Bills, 39 Commissioner, Department of Alcoholic Beverage Representative Kimberly Poore Moser, Co-Chair; Public Assistance Reform Task Force, 26 Control; Steve Humphress, General Counsel, Senators Julie Raque Adams, Danny Carroll, David Public Pension Oversight Board, 18, 32, 34 Department of Alcoholic Beverage Control; and P. Givens, Denise Harper Angel, Alice Forgy Kerr, Public Water and Wastewater System Infrastruc- Joseph Fawns, Legislative Liaison, Public Protection Stephen Meredith, and Max Wise; Representatives ture Task Force, 24 Cabinet. Danny Bentley, Tina Bojanowski, Adam Bowling, T LRC Staff: Sara Rome, Kevin Newton, and Amie George Brown Jr, Tom Burch, Deanna Frazier, Robert Transportation, 12 Elam. Goforth, Joni L. Jenkins, Scott Lewis, Mary Lou Public Protection Cabinet Marzian, Josie Raymond, Steve Riley, , Representatives from the Public Protection Nancy Tate, Russell Webber, and Lisa Willner. Cabinet gave a presentation to the committee on Guests: Representative Jerry T. Miller, District the implementation and fiscal impact of proposed 36; Tresa Straw, Chief of Staff, Cabinet for Health Medical Marijuana Legislation. and Family Services; Eric T. Clark, Commissioner, In response to a question from Representative Elizabeth Caywood, Deputy Commissioner, Lisa Branham Clark, Commissioner Martin stated that Dennis, Chief of Staff, Paula Saenz, Transitional Washington regulates marijuana through Alcoholic Services Branch Manager, Lorraine Wilbur, Social Beverage Control (ABC). Service Specialist, Department for Community Based In response to a question from Representative Services, Cabinet for Health and Family Services; Webber, Commissioner Martin noted that most of the Cameron Galloway, Tamara Vest, Voices of the 47 additional personnel that would be needed would Commonwealth; April Abell, Executive Director be field office personnel. Secretary Russel noted that National Kidney Foundation; Beth Burbridge, ABC would have an additional cost in finding office Living Organ Donor; Thomas H. Waid, M.D., space for the additional personnel. Medical Director, Kidney and Kidney/Pancreas In response to a question from Chair Bechler, Transplant Program, and Dylan Adamson, M.D., Commissioner Martin stated that implementation Transplant Surgeon, University of Louisville Hospital, would cost $2.5 million, with a recurring annual cost KentuckyOne Jewish Hospital Downtown. of around $5.5 million. Mr. Humphress noted that the LRC Staff: DeeAnn Wenk, Ben Payne, Chris first year cost would be $8 million. Secretary Russel Joffrion, Dana Simmons, Becky Lancaster, Hillary noted that licensing fees should be sufficient to cover McGoodwin, and Sean Meloney. expenses. Approval of the Minutes In response to a question from Representative A motion to approve the minutes of the September Branham Clark, Commissioner Martin noted 9, 2019 meeting was made by Representative Jenkins, that Oklahoma has enough revenue from seconded by Representative Marzian, and approved medical marijuana to cover expenses and has by voice vote.

THE KENTUCKY GENERAL ASSEMBLY 9 the Family First Prevention Services Act. HB 1 was Legislative Hearing on Executive Order 2019- University of Louisville Hospital, KentuckyOne Jewish incorporated into the daily work of DCBS. In 2018, 0719 - Reorganization of the Cabinet for Health Hospital Downtown, stated that living donation is a DCBS project management team began convening and Family Services the only operation that is performed on patients that workgroups dedicated to various components of Tresa Straw, Chief of Staff, Cabinet for Health are completely healthy. The kidney donation surgery Kentucky’s child welfare continuum. Stakeholders and Family Services, gave a summary of the changes is done laparoscopically using minimally invasive were brought into the nine workgroups where scopes within the Cabinet for Health and Family Services. techniques; however, a sizable incision is made to of work and strategies were further developed. DCBS The organizational enhancements being made are remove the kidney with no surgical damage. The published a Child Welfare Transformation annual designed to improve efficiency and provide a more recovery is minimally six weeks including two days report on July 1, 2019. Kentucky is leading the nation effective management structure. She stated that spent in the hospital. as a model on how to transform a child welfare system. combining and compressing programmatic functions Representative Miller stated that the intention of Commissioner Clark stated that all states have will improve the Cabinet’s ability to serve Kentucky. the bill is that for the listed organs, state employees to comply with the Family First Prevention Services A motion to accept Executive Order 2019-0719 would be given 240 hours of paid leave for organ Act by October of 2021. The three transformation was made by Representative Burch, seconded by donation. For a bone marrow transplant state goals are to: (1) safely reduce the number of children Representative Sheldon, and accepted by voice vote. employees would be given 40 hours of paid leave. The entering out-of-home care; (2) reduce caseloads for Discussion of Prefiled Bills bill allows all Kentuckians a $10,000 tax deduction workers; (3) and improve the timeliness to appropriate 2020 Regular Session BR 179 related to the organ donation. He hopes that the bill permanency. DCBS has studied performance based AN ACT relating to the promotion of living will inspire companies in Kentucky to offer the same contracting. DCBS wants to be a data-informed, donor human organ and bone marrow donation, benefits for its employees to encourage live organ outcome-driven agency. He shared a graph that shows sponsored by Representative Jerry T. Miller, District donation. an increase of 26.1 percent in the number of youth in 36. Beth Burbridge, living organ donor, shared her In response to questions and comments from out-of-home care over a four year period. The highest experience of donating one of her kidneys to her Representative Jenkins, Representative Miller number of children in out-of-home care, 9,916, was neighbor’s son in Kentucky. Kentucky is 1 of 13 states stated that he was not aware of previously proposed in November of 2018. As of September 30, 2019, that do not have any protection for living organ legislation regarding live organ donation. The bill there were 9,721 children in out-of-home care. The donors. Her company required her time off to come covers donations of the human intestines, kidneys, most recent six month trend shows decreases in April, from her vacation time and any additional time off liver, lungs, or the pancreas. July, and August. There are fewer children placed in would be unpaid. The organ donation surgery was In response to questions and comments from out-of-state residential facilities than in previous considered an elective surgery. She stated that BR 179 Senator Meredith, Dr. Waid stated that the overall years. Elizabeth Caywood, Deputy Commissioner, will help Kentuckians who need an organ. The bill will number of patients who are requiring a transplant Department for Community Based Services, Cabinet also help the people who are considering living organ continues to grow in excess of the organ supply. In for Health and Family Services, stated that despite donation. The bill will provide some financial relief the United States, there are approximately 600,000 the stresses on the system in terms of the quantity of for living organ donors through tax deductions. patients who are in at least one form of end stage children in the system, DCBS is serving more children April Abell, Executive Director National Kidney renal disease management. Ms. Abell stated that in-state and in the least restrictive care setting. Foundation, stated that over 30 million people have life insurance denials for donors may have helped Commissioner Clark stated that there has been chronic kidney disease (CKD). In Kentucky there to cause the plateau in organ donation. The Living a 24.2 percent increase in the total number of foster are 75,300 Medicare patients diagnosed with CKD. Donor Protection Act protects individuals who are homes. The spike in foster homes is a direct result Kentucky has approximately 5,372 people on dialysis donating an organ from being discriminated against. of DCBS’s diligent recruitment efforts. Compared to and 711 on the kidney transplant waitlist. In 2018, Dr. Adamson stated that is very specific as to who can state fiscal year (SFY) 2015, SFY 2019 DCBS saw an there were 201 kidney transplants, with 55 having donate a kidney. A donor cannot have a history of high increase of 15.5 percent, 325 children, in the number of living donors, in Kentucky. 38 Kentucky patients died blood pressure, diabetes, or other procedures that children reunified with a parent or primary caretaker. while on the waitlist in 2018. could have affected the kidneys. Ms. Burbridge stated The average time to permanency reunifications Thomas H. Waid, M.D., Medical Director, that BR 179 would support those who choose living is eight months. The average time to permanency Kidney and Kidney/Pancreas Transplant Program, organ donation. She was in a financial scenario where adoptions is 36 months. Compared to SFY 2015, SFY stated that if a patient has CKD and is on dialysis, the she was able donate but knows that finances may also 2019 DCBS saw an increase of 37.5 percent in the chance of living for 10 years is 18 percent. If a patient prohibit others from donating. Representative Miller number of children adopted; a total of 343 adoptions. receives a live donor transplant the chance of living for stated that he will find out if Kentucky is lagging The past due Child Protective Services (CPS) cases ten years increases to 54 percent. The cost of dialysis is behind in the number of living organ donations. that have not been completed within the procedural approximately $90,000 per year. The cost of the kidney In response to questions and comments from timeframe, although a DCBS worker intervention has transplant is approximately $90,000; however, the Representative Marzian, Representative Miller stated been initiated, averages 30 cases per social worker patient should recoup all of the cost within the first 18 that he does not know how many state employees statewide. Fayette and Jefferson counties have a much to 20 months. After the 18 to 20 months, everything have donated organs. He stated that the majority of higher average caseload. Jefferson County social is cost effective from that point. In the United States, states with living organ donation laws give time off workers have an average of 80 cases per worker. there are 110,000 people on waiting lists for kidney for the state employees to donate organs. There is High average caseloads reflect the underlying issues transplants. There will be approximately 22,000 no language in BR 179 that prohibits insurers from with staff recruitment and retention, in addition to transplants in 2020; however, only 33 percent will be canceling a life insurance or health insurance policy. the overall increased volume in the service demand from live donors. Encouraging living donations is very Child Welfare Transformation placed on DCBS. DCBS has hired an additional 40 important to increase the amount of transplantations. Eric T. Clark, Commissioner, Department for social workers statewide since 2018. The number of live donors has been declining since Community Based Services (DCBS), Cabinet for Department for Community Based Services 2007. There have been cases where live donors’ health Health and Family Services (CHFS), stated that in Social Worker Caseloads, Career or life insurance policies were canceled, disability the United States there are over 400,000 children in Ladders, Recruitment, and Retention claims were canceled, or time off was denied under foster care. In 2018, DCBS decided to put a focus Eric T. Clark, Commissioner, Department for the Family Medical Leave Act, because live donation on the transformation of the child welfare system. Community Based Services, Cabinet for Health and is considered an elective procedure. The University of The 2018 Regular Session House Bill 1 (HB 1) was Family Services, stated that DCBS is working on a Kentucky provides 30 additional days of medical leave referred to as landmark child welfare legislation and series of videos with a mission to recruit more quality for organ donation and 5 additional days of medical touched many aspects of the system from prevention staff and build current employee morale. DCBS leave for bone marrow donation for employees. of child removal to adoption. The federal government offers a special entrance pay rate for social workers Dylan Adamson, M.D., Transplant Surgeon, also passed landmark child welfare legislation with

10 2019 Interim LEGISLATIVE RECORD and clinicians. DCBS has a Public Child Welfare technology that is in process that will start capturing additional social workers in Jefferson County to build Certification Program where students sign a contract that data in approximately one month. Commissioner support and to have the past due cases addressed. to work for DCBS for two years after obtaining Clark stated that some of the prevention services He stated that DCBS has a good relationship with their degree in exchange for DCBS paying for offered by CHFS are The Kentucky Health Access law enforcement. In some parts of the state, DCBS’s their schooling. The stipend program is for current Nurturing Development Services (HANDS) program relationship with the courts and county attorneys can employees to get their Master’s degree paid for while and the Sobriety Treatment and Recovery Team be very challenging. they work for DCBS. The front line social workers (START) program. He stated that Kentucky’s social In response to the questions and comments received a raise last year and technology solutions to workers salaries are lower and not comparable to from Senator Wise, Commissioner Clark stated that make the administrative parts of the job easier while surrounding states such as Ohio, Indiana, Tennessee, DCBS promulgated regulations in relation to 2019 in the field. DCBS has increased the starting salary for and West Virginia. Regular Session House Bill 446 and the regulations social workers from $32,000 to $34,000 a year. DCBS In response to questions and comments from are in effect. DCBS moved from a one year to a three has a career ladder in place for social workers with Senator Alvarado, Commissioner Clark stated that recertification of foster parents. the titles of Social Service Worker I and II and Social he does not know how much money it would take to Transition Age Youth Service Clinician I and II. match the surrounding states social worker salaries. Paula Saenz, Transitional Services Branch Commissioner Clark stated that CHFS supports DCBS social workers received a pay increase with Manager, Division of Protection and Permanency, the workforce in DCBS. DCBS must create a culture HB 1. DCBS wants to reevaluate the approach of Department for Community Based Services, Cabinet of safety that attracts and retains social workers in only social workers receiving the pay increases. There for Health and Family Services, stated that in October Kentucky in spite of high caseloads and low pay. are workers within DCBS that did not receive a pay of 2018, DCBS created a transitional services branch The three transitions to a culture of safety are from: increase and it has created a morale issue for those in the Division of Protection and Permanency to (1) a culture of blame to a culture of accountability; employees. A smaller increase but more far reaching focus exclusively on improving the services to older (2) continuously applying quick fixes to addressing would have a better effect on the department. youth in foster care. The new name for Kentucky’s underlying systemic issues; and (3) seeing employees In response to the questions and comments independent living program is Kentucky Resources as a problem to control to a solution to harness. DCBS from Senator Meredith, Commissioner Clark stated for Independence Success and Empowerment (RISE). is empowering workers to speak for themselves and that for every dollar spent on prevention services Kentucky RISE is an internet portal for transition age to talk about the challenges they face while working. there is approximately a three dollar return on foster youth, foster parents, and other stakeholders to DCBS will support the workers and take a holistic investment. DCBS is confident that every dollar access information about the array of resources and view to address underlying systemic issues that relate put into prevention services will reduce the amount services available to current and former foster youth. to the workforce. spent on out-of-home care. The 2022 budget for out- DCBS added supports for foster youth and foster Commissioner Clark stated that The Family of-home care should be less than $476 million. Ms. parents to receive financial assistance for driver’s First Prevention Services Act provides Title IV-E Caywood stated that DCBS has increasing operating insurance and education. federal funding toward prevention services and costs in out-of-home care. Ms. Saenz stated that DCBS purchased the makes efforts to reduce the number of children living In response to questions and comments from LYFT curriculum, an online skills program, for in congregate or residential care facilities. Kentucky Representative Sheldon, Commissioner Clark stated foster youth aged 16 and older. LYFT has 25 study spent $476 million on children in out-of-home care that in the TWIST data system, DCBS tracks the units and 5 different modules to include personal and only spent $18 million on prevention services prevention services and the families that receive the finance, communication, independent living, keeping and supports to keep children from entering foster prevention services. DCBS can cross-reference that a job, and resiliency. DCBS implemented significant care during the same time period. Of the families that data with the outcomes of what happened to that child improvements for the foster youth who chose to received preservation and prevention services, 96 in foster care to know how the preventative services extend their commitment to foster care. DCBS put percent remained together. There were approximately impact families. Ms. Caywood stated that DCBS does intentional focus on strategies to build skills for self- 5,000 children prevented from going into foster not have the capacity to serve the statewide demand sufficiency, including increasing savings accounts, care due to the prevention services. DCBS is the for prevention services. DCBS continues to track stable housing, post-secondary education, and child welfare agency not the child welfare system. whether the families are still intact at three, six, and permanent connections. DCBS has expanded services Everyone including the schools, courts, Department 12 month intervals. for foster youth who age out of care at the age of 18. for Juvenile Justice, treatment and recovery programs, Services can be provided until the age of 23. Department for Public Health, mental and behavioral In response to the questions and comments Cameron Galloway, Voices of the health centers, and the faith-based community all from Senator Danny Carroll, Lisa Dennis, Chief of Commonwealth, stated that the Voices of the belong to the child welfare system. Staff, Department for Community Based Services, Commonwealth Leadership Council exists to educate In response to questions and comments from Cabinet for Health and Family Services, stated that foster youth about the options, resources, and Representative Burch, Ms. Caywood stated that there in 2018, DCBS invested in work tablets and mobile services available to them while striving to advocate are 20 children that are in facilities that are out-of- technology for social workers. DCBS continues to for positive change within the Commonwealth of state. work with the internet technology (IT) office to build Kentucky’s foster care system. The Voices of the In response to questions and comments from better supports for the staff to work more efficiently. Commonwealth has 15 members across the state. The Representative Moser, Ms. Caywood stated that the DCBS has developed training tools to help the staff Voices of the Commonwealth advocate for changes number of children in out-of-home care represents with the new technology. DCBS is looking at ways to policy and legislation, provide training and the number of children that are in the custody of to modernize the workforce through the child recruitment of foster parents, educate and empower CHFS. There are children who are placed with relatives welfare transformation. The case management is foster youth, plan regional events, and work with the and fictive kin that are in the custody of CHFS. The standardized throughout the state. The public foster DCBS leadership on policy development. children that have been diverted from foster care that care agencies complete the primary case management Tamara Vest, Voices of the Commonwealth, are living with relatives and fictive kin but not in the with the family. The private providers are subject to stated that the Voices of the Commonwealth have custody of CHFS are not included in the total number licensure and contractual requirements. DCBS has been working on initiatives at the youth continuous of children in out-of-home care. She stated that the a set standard of practice and protocols however, quality improvement (CQI) meetings, foster DCBS data system has been set up to do foster care there are some regional variances to meet the needs parent pre-service trainings, a targeted recruitment reporting and claiming. DCBS has not been good of the families. Commissioner Clark stated that there workgroup, a transition age workgroup, the Family about capturing the number of children who are are funds that are re-allocated from one region of First Prevention Services Act regional convening, placed with relatives or fictive kin and who are not in the state to another region. DCBS has brought in and the National Chafee grantee meeting. The second the custody of CHFS. DCBS does have programming additional resources through a private provider for phase of the transformation workgroups will continue

THE KENTUCKY GENERAL ASSEMBLY 11 to support the regional youth CQI meetings across the Guests: Representative James Tipton; to enforce these laws, and it is offered by the National state, improve and recruit high quality foster homes, Representative Steve Sheldon; Jennifer Smith, CEO, Highway Traffic Safety Administration (NHTSA) empower foster youth to be their own best advocates, Stopdistractions.org; Carl Breeding, American and United States Department of Transportation advocate for change in policy and legislation, educate Property and Casualty Insurers Association; David (USDOT) traffic safety services. Existing texting laws the public around the needs of foster youth, and Sandford, Goss Samford, PLLC; Brian Clark, are unenforceable and obsolete, as it is too difficult partner with DCBS on policy development. Executive Director, KPMA; Mike Hardy, Owner, to see what the driver is doing on their phone. States Lorraine Wilbur, Social Service Specialist, Hardy Oil, Board of Directors, KPMA; Representative with stricter distracted driving laws see an 11% lower Department for Community Based Services, Cabinet Kim Moser; Jason Siwula, Assistant State Highway rate of fatal crashes for motorcyclists. Six in 10 parents for Health and Family Services, stated that Fostering Engineer, Kentucky Department of Highway Safety, or guardians admit to personally using a mobile Success is a 10-week workforce development initiative KYTC; and Dr. Chip Richardson, Ophthalmologist device to check an application, text, or make a call sponsored by DCBS. Fostering Success provides LRC Staff: John Snyder, Brandon White, Dana while driving. Motorists with smart phones use held- current and former foster youth the opportunity Fugazzi, and Christina Williams held devices in 88 out of every 100 trips. Zendrive to participate in a paid internship while receiving Discussion of the 2020 Regular Session BR estimates there are approximately 600 million trips professional development and career planning 166: An act relating to operating a motor vehicle involving distracted driving in the U.S. each day. support. There were 118 youth that applied to the Representative James Tipton, and Representative Approximately 80% of teens considered smartphone program with 82 participating. Each youth has a job Steve Sheldon, gave a brief explanation of BR 166, application use while driving as “not distracting.” coach to provide professional development support. which would ban the use of hand held cell phones Distracted driving has occurred during 52% of trips Each youth participates in an internship at DCBS while driving. Under this measure, a motorist could that resulted in a crash. Almost ¼ of the drivers were offices across the state or with one of the 85 private and still use GPS and make and take calls hands-free. If using a phone within one minute before a crash which public partners. Future initiatives for the Voices of the the phone is in the motorist’s hand, then they would could include the moment the collision occurred. Ms. Commonwealth are to expand the partnership with be in violation. Smith also stated that like drunk driving, texting in Workforce Development and to develop partnerships He stated due to an increase in motor vehicle the driver’s seat endangers everyone on or newer the with post-secondary colleges and universities. accidents occurring due to distracted driving through road, not just the texter. In response to questions and comments from the use of a cell phone, this bill is needed. Jennifer In conclusion, Ms. Smith reiterated some Representative Bojanowski, Ms. Wilbur stated that the Smith, CEO, Stopdistractions.org, gave a brief key points of support for the proposed legislation. Family Scholar House in Louisville provides housing presentation in favor of the proposed bill. Distracted Current laws are unenforceable, which results in a and educational services to youth who had a foster driving results in higher fatality rates for motorists. As need for expanding language, as people do not just care experience. DCBS has similar services across the of September 24, 2019, there have been 554 fatalities text anymore. There is no organized or individual state for foster youth. DCBS has an aftercare program on Kentucky’s roadways this year. opposition, and that there is overwhelming public that partners with community action to provide Also, distracted driving related to smartphone support. There are also broad amounts of coalitions housing and other services. usage has driven car insurance rates higher. Insurers that are pushing this type of legislation. Data on In response to the questions and comments from increasingly blame distracted drivers as costs related reductions in crashes, fatalities, insurance rates, and Senator Danny Carroll, Ms. Wilbur stated that DCBS to crashes outpace premium increases. Since 2011, use shows that the law will work. contracts with the University of Kentucky to provide the average insurance premium has jumped 16% Carl Breeding. American Property and the job coaches. The job coaches are employees of to $926. Insurance companies say the sharp spike Casualty Insurers Association, also gave a brief University of Kentucky. There are nine job coaches, is partly caused by more drivers distracted on their presentation supporting BR 166. Over the course of one for each of the DCBS regions of Kentucky. smartphones and subsequently getting into crashes. several decades, auto accident rates had been slowly Adjournment In a recent study, it was found that driver cellphone but steadily declining, offsetting slightly increased There being no further business, the meeting interactions have increased 57% since 2014. accident severity, and that has helped to keep car was adjourned at 3:00 PM. Ms. Smith stated a poll was taken in Tennessee insurance rates relatively stable. But starting in 2013, asking if the residents would support or oppose there was a sharp increase in accidents, with the roads INTERIM JOINT COMMITTEE ON enacting a “hands-free” law that would prohibit becoming increasingly dangerous, which is believed holding a phone to talk or text while driving. The to be in large part because of distracted driving. Auto TRANSPORTATION statewide results were that 91% would support such accident deaths have increased nearly 14% from 2013 Minutes of the 4th Meeting a law, 6% would oppose it, and 3% were undecided. to 2017, the biggest increase in over a half of a century. of the 2019 Interim Ms. Smith stated there are currently 20 states that ban In 2017 1.8 million people were significantly injured September 30, 2019 hand held cell phone use for all drivers. on the roads, an 11% increase since 2013. Meanwhile, Call to Order and Roll Call Ms. Smith stated in July of 2018, Georgia passed automobile insurance loss costs have increased as the The 4th meeting of the Interim Joint Committee a hands-free law. Since the passage, traffic fatalities cost of repairing damaged cars, and injured people – on Transportation was held on Monday, September are down 3.4% from 2017 to 2018. Phone use while have continued to increase. According to the NHTSA, 30, 2019, at 3:00 PM, in Room 149 of the Capitol driving has dropped 22% in the first month. There 5,977 pedestrians were killed in motor vehicle crashes Annex. Representative Ken Upchurch, Chair, called was also a 15% reduction in commercial motor in the United States in 2017. Pedestrian deaths the meeting to order, and the secretary called the roll. vehicle fatalities over 2017. In 12 states traffic fatalities accounted for 16% of all traffic fatalities in 2017. The minutes from the Committee’s September 09, decreased 16% within two years of passing handheld Although bicyclists’ deaths have decreased 23% 2019 meeting were approved. bans. since 1975, they have increased 25% since reaching Present were: Ms. Smith clarified that in the proposed their lowest point in 2010, suggesting our at-risk Members: Senator Ernie Harris, Co-Chair; legislation, the use of GPS is allowed while driving. population is not just distracted drivers but also the Representative Ken Upchurch, Co-Chair; Senators However, a motorist cannot watch, record, broadcast, pedestrians and bicyclists with whom they share the Ralph Alvarado, Jared Carpenter, Perry B. Clark, C.B. or engage in video chat. She added that the proposed road. Embry Jr., Jimmy Higdon, Paul Hornback, Stephen legislation does not cost constituents any additional One of the Insurtech companies that has Meredith, Albert Robinson, Brandon Smith, and Mike money, adding that any smartphone can work with shared their data and analysis with the American Wilson; Representatives Terri Branham Clark, Randy voice activation for free. She stated currently, over Property Casualty Insurance Association (APCIA), Bridges, Chris Fugate, Al Gentry, Robert Goforth, 90% of the population owns a smart phone. If a cell True Motion, found that 92% of drivers interact David Hale, Chris Harris, Thomas Huff, Derek Lewis, phone mount is needed, they can be found online for with their devices in some way while driving; 71% Savannah Maddox, Bobby McCool, Rick Rand, Maria approximately $5.00 or less. for text messages; their list of the top 10 apps used Sorolis, Cherlynn Stevenson, Jim Stewart III, Walker Law enforcement has training developed on how while driving includes Google Chrome, YouTube and Thomas, and Tommy Turner.

12 2019 Interim LEGISLATIVE RECORD Netflix. True motion also found that drivers were and state underground storage tank regulations were besmirched as “tax loopholes,” should be routinely being distracted by their smartphones roughly 20% of updated and the association has been working hard to examined for their effectiveness with three questions their driving time, with their corresponding accident educate the members to ensure compliance. in mind: 1.) Is this expenditure a good deal for risk increased by 2-20 times. Mr. Clark updated the Committee on the taxpayers as a whole?, 2.) Is this expenditure Mr. Breeding stated that smartphone ownership Petroleum Storage Tank Environmental Assistance accomplishing its intended purpose?, and 3.) Should has more than doubled over the past 8 years, and it Fund (PSTEAF.) He stated petroleum underground the policy be altered to better achieve its intended is not surprising that the percentage of accidents storage tanks (USTs) exist in every county and purpose? For at least two years in earnest, the General involving phone distractions have increased. every legislative district in Kentucky. Kentucky has Assembly has been examining tax expenditures in According to a NHTSA study released this summer, approximately 10,400 active USTs in the ground. an effort to broaden the tax base and create a more having a strong set of distracted driving laws is key to Approximately 80% of these active tanks are more than effective structure. His briefing provided an overview prevent distracted driving. Many state laws only cover 15 years old. Because all tanks age and some will fail, of the evaporation and collection allowance, which cell phone voice call usage, not modern smartphone there will always be a need for the PSTEAF program to was a tax expenditure on the books since 1936, which use as we know it today. States have started to update assure remediation of petroleum UST leaks. Without not only upholds the three criteria listed above, but their laws, for example this year Washington changed PSTEAF, businesses across Kentucky would be at because of its age and effectiveness, should be a its laws to prohibit use of streaming video and social risk, resulting in revenue loss for the Commonwealth benchmark in evaluating expenditures currently on media while driving. Penalties for distracted driving from the taxes these businesses pay and collect. the books in Kentucky. Decreasing the allowance, need to be sufficient to change behaviors. Having Without PSTEAF, Kentucky’s communities would which has remained unchanged for more than seven the right laws is important, but enforcing those laws suffer harmful environmental impacts, and the state, decades, despite increases in cost to retailers and is essential and enforcement of distracted driving counties and municipalities could face crippling markets, would be devastating to one of Kentucky’s laws is a challenge, since it can be difficult to prove financial liability. Mr. Clark stated the essential need largest industries and have a negative economic without a major crash where a smartphone has been for PSTEAF has not changed since its inception in impact in every community in the Commonwealth. impounded. In conclusion, Mr. Breeding stated that 1990 and should continue for the foreseeable future Mr. Harris reviewed four steps of the evaporation tackling distracted driving is no easy task, but APCIA without alteration, except to extend or even remove and collection allowance. Step one is that refiners believes it’s a task that we must take on, and we must the deadline dates. A map was also provided that supply motor fuels at the terminal. The second step is take on together. showcased where each of the underground storage that marketers purchase motor fuels from refiners at Lieutenant Arnold Rivera, Louisville Metro tanks were in Kentucky. Another chart was provided the terminal and pay the entire tax to the state based Police Department, Traffic Unit, also spoke in favor of showcasing the aging infrastructure of the petroleum on these purchases. Marketers then transport the BR 166, reiterating statements that Ms. Smith and Mr. underground storage tanks in Kentucky. product to individual retailers and commercial end Breeding both mentioned. Mr. Clark also updated the Committee on the users. During this period evaporation and shrinkage In response to a question asked by Representative evaporation and collection allowance. Kentucky fuel occurs. Lastly, the consumer pays the motor fuel tax Jim Stewart, Ms. Smith stated she does also believe marketers are required by state law to remit the motor at the current rate. However, the marketers do not that having an animal in the vehicle can also be fuels tax (gas tax) based upon the volume of fuel recoup all the tax liability they have incurred. Mr. a distraction, however, cellphone use is the most purchased from the supplier. Marketers must then Harris stated that allowances similar in nature exist prevalent form of distracted driving. assume the cost, and the risk, of attempting to recoup for most states. When compared with neighboring In response to a question from Representative the tax from the consumer when the fuel is sold at retail states and regional distributor states the average of Maria Sorolis, Ms. Smith stated the proposed (KRS 138.220 and KRS 138.240). A 2.25% allowance, 2.24% nearly mirrors Kentucky’s 2.25%. There is a legislation would be for holding a device, and there set forth in KRS 138.270(1)(b), exists to cover the far reaching recognition that the process described would be no penalty for listening to the device. difference in the amount of fuel taxes remitted to the above, while imperfect, is an effective structure for a In response to a question asked by Chairman state by marketers and the amount they may ultimately state to collect taxes. Ken Upchurch, Representative Tipton stated the first recover from consumers. This difference arises from In conclusion, he stated there is little doubt that offense would call for a fine of $100, and the second the natural evaporation, shrinkage, unaccountable the allowance is good for taxpayers as a whole. There offense would be $200. losses, collection costs, and handling and reporting of is reasonable argument that the percentage allowance In response to a question asked by Senator the gas tax. That collection and evaporation allowance should increase but there is no reasonable argument Stephen Meredith, Mr. Breeding stated he is unaware is a line item deduction that offsets the portion of the that it should decrease. Lowering the percentage of insurance companies proposing penalties for motor fuels tax Kentucky marketers are obligated to would have a negative economic impact, cost the distracted driving offenses. pay but are not able to collect from the consumer, commonwealth valuable jobs, many of which are in In response to a question asked by Representative as well as specific costs incurred performing the tax economically distressed areas, and ultimately risk Walker Thomas concerning points being taken off collection function. Adjustments to the motor fuels losing revenue for the state in the long term. of a person’s license if they are cited for the offense, tax have direct impacts on marketers. As the gas tax Senator Jimmy Higdon reminded the Committee Representative Tipton stated that is not in the current increases, costs to marketers increase (collection, about credit card fees that are assessed when a version of the proposed legislation, but he would be surety expense, etc.). Mr. Clark stated this allowance consumer purchases gasoline. He stated that retailers open to discussing that possibility. is necessary and good for taxpayers as a whole. Mr. need to be reimbursed for the cost of those fees. Senator Albert Robinson cautioned that it was Clark asked that the 2.25% allowance be preserved. In response to a question asked by Representative important not to cut off all cell phone usage, but he Mike Hardy, Owner, Hardy Oil, Board Member Al Gentry concerning PSTEAF funds, Mr. Clark does support the hands free legislation. of KPMA, addressed the Committee and stated that stated funds have been swept from it before, by the Industry Update from the Kentucky Petroleum the loss of any PSTEAF or evaporation and collection General Assembly. Marketers Association (KPMA) allowance funds would be devastating to his business Representative Gentry stated there have been Brian Clark, Executive Director, KPMA, updated as well as any businesses like his. Without these funds, a lot of new tanks put in because of environmental the Committee on the petroleum industry. Mr. Clark “mom and pop” operations across the state would regulations, which also means there are a lot left stated the petroleum industry has an economic likely close. He added that Hardy oil alone has lost that are very old. Because of that, Kentucky was not impact of $3.7 billion to Kentucky. In Kentucky, tens of thousands of dollars in collections. The surety accessing a lot of funds that were available to be there are $618 million in Kentucky wages and over bond alone has cost his company approximately utilized. He added that now, there is a great need to 33,000 jobs directly or indirectly from the petroleum $100,000 annually. move forward and those funds need to be used for industry. The industry collects and remits over $750 Mr. Jordan Harris, Pegasus Institute, further those reasons. million in gas tax revenue to the Commonwealth. explained the motor fuels evaporation and collection Mr. Goss stated that the PSTEAF fund have Since their last update to the Committee, both federal allowance. Tax expenditures, often appropriately been swept by the General Assembly on a regular

THE KENTUCKY GENERAL ASSEMBLY 13 basis, since the Governor Patton administration, but arm camera is a device installed on the exterior of 2017 HB 184, this study was added as an incentive for it has never been on a permanent basis and never to a a school bus for the purpose of capturing recorded support of the measure. The Commissioner of Vehicle dedicated point of funding. images of motor vehicles passing the school bus from Regulation at the time assured the legislators and staff In response to a question asked by Chairman any direction when the bus is stopped with the stop involved in the discussion that the Cabinet would Upchurch regarding a spill, Mr. Clark stated that arm fully extended and signal lights activated. keep the necessary data needed to complete the study. federal funding per incident is $1 million, per tank. Representative Gofroth stated that in a 2018 However, that individual left the position just after the In response to a question asked by Representative survey by the National Association of State Directors of session, and subsequently, the data was not collected. Randy Bridges regarding bonding requirements, Mr. Pupil Transportation Services reports the prevalence Despite best efforts by staff, there simply was Clark stated that as collectors of the tax, petroleum of illegal school bus passing in 38 states including not enough data provided to make a determination marketers must post surety bonds equal to three Kentucky. The 2,667 participatingth Kentucky school regarding any aspect of the study. In the 2019 Regular months of receipts, or $5,000 dollars, whichever is bus operators reported on April 25 2018 there were Session, the General Assembly passed House Bill greater. He went on to say that while such a bond 728 illegal passes. Those 728 illegal observed passes 352. The measure allowed the transport of unrefined might have made sense when the statute was written, were on 27% of 2,667 buses with a total inventory of petroleum to operate at a gross weight not to exceed the streamlined system for reporting and remission 9,854 buses in Kentucky. If all buses participated, it is 120,000 pounds. The bill included a section that of taxes may open a window for the bonding amount expected to see 2,689 illegal passes on the survey date. created a moratorium on new overweight or over to be lowered. Currently the cycle takes from 25 to If there are 180 school days, there could be 484,020 dimensional permits or tolerances for motor carriers. 45 days. illegal passes annually. If the General Assembly does not withstand 2019 Presentation requiring vision testing for Representative Goforth stated that the proposed HB 352, the moratorium on overweight vehicles will Operator’s License; 2020 Regular Session BR 311 changes in the bill include adding a civil penalty remain and no other commodities will be allowed to Representative Kim Moser gave a brief overview option, as well as increasing the penalty fines. The first run at weights up to the 120,000 pound threshold. of BR 311 proposed for the 2020 Regular Session. offense would now be $200, the second offense $500 If the IJC on Transportation or the General The bill addresses the issue of lack of vision screening within three years. A civil penalty must be issued Assembly still seeks to add any overweight/over for driver’s license renewals. Currently the only time within 30 days of the first offense, and a civil penalty dimensional issues, included the issues that the an individual is tested for vision is when receiving must be paid within 30 days of the offense and failure study directed by HB 184 sought to determine, an initial driver’s license. Kentucky is one of eight to pay results in immediate suspension of vehicle staff recommended the use of the Kentucky states remaining that do not revisit vision testing. registration. Transportation Center. The Kentucky Transportation The proposed legislation is not age discriminatory Representative Goforth stated that the intention Center is a leader at the state and national levels in due to the requirement of vision retesting at any age is to install stop-arm cameras by August 1, 2023. A multidisciplinary transportation research and is upon driver’s license renewal. Jason Siwula, Assistant district may contract with a third party, and create well equipped with the staff and resources to study State Highway Engineer, Kentucky Department of procedures for submitting and processing. There will any transportation related issues that the General Highway Safety, KYTC, and Dr. Chip Richardson, be a 90 day emergency window, and also exceptions Assembly deems necessary. Staff has contacted the Ophthalmologist, both spoke in favor of the measure. and extensions will be allowed. Kentucky Transportation Center and they have A letter of support was also distributed to members Representative Goforth stated the cost of confirmed that the study is something they can do from the American Automobile Association. Dr. installing these arms will vary depending on district and is in the purview of their organizational vision. Richardson stated you must perform at a 20/60 size and purchases. A single stop-arm camera system Consideration of deferred regulation with vision or better in order to obtain a Kentucky Driver’s could be as much as $1,200, however integrating a amendment 601 KARA 09:130 license. He added there is no downside to continue stop-arm camera into the current system may only There were no objections raised to the proper vision screening. There have been issues cost $300 to $500. amendment of the regulation. The KYTC proposed with state clerks being unable to keep up with vision Representative Goforth added that projections an amendment to the regulation that was deferred screening, and that vision screening can take place in suggest stop-arm cameras could generate as much at the Committee’s September 9, 2019 meeting. The the clerk’s office, KSP, or any Ophthalmologist office. as $96,804,000 annually. He added that 80% of those amendment made an exception to the prohibition Also able to do the vision screen tests are AAA offices, funds collected shall be immediately forwarded to on issuing titles to non-residents, to clarify that the as well as physician’s offices. the school district in which the violation occurred prohibition does not apply to such transactions allowed Some Committee members had questions for the purchase or lease, installation, operation, and by statute in limited instances. A motion was made by concerning the Real ID act and how Representative maintenance of the school stop-arm cameras. He stated Co-Chair Ernie Harris to adopt the amendment. The Moser’s proposed bill relates to it. Chairman many third party contractors will lease equipment to motion was seconded by Representative Derek Lewis, Upchurch stated that the Real ID act is scheduled to the districts for a percentage of the citation, capped at and was adopted by voice vote. be discussed at the November meeting. 80% or $160. 10 percent is forwarded to the Kentucky Correspondence and future meetings In response to a question asked by Senator Jimmy Department of Education for inspection cost and A handout from KYTC was given to the Higdon, Representative Moser stated Kentucky State promotion of school safety. 10 percent is then Committee that provided research on background Police can still give vision screening tests as that has transferred to the Kentucky Transportation Cabinet. checks for TNC drivers and fees for TNCs in other not changed. She added an Ophthalmologist is also Representative Goforth added that there are currently states (which was a response from the September 9, able to give the test and provide the proper paperwork 12 counties that already have stop-arm cameras 2019 meeting.) needed. installed on buses in their fleet. The next meeting was announced to be on In response to a question asked by Senator Ralph LRC Staff Presentation on the effect of November 18, 2019. With no further business to come Alvardo, Dr. Richardson said it is recommended that overweight trucks on highway infrastructure before the Committee, the meeting was adjourned at citizens under the age of 40 get their eyes examined Brandon White, Senior Legislative Analyst, LRC 4;38 P.M. every two years, those over 40 should get them Transportation Committee, gave a brief presentation examined annually. on overweight trucks on highway infrastructure. In INTERIM JOINT COMMITTEE ON Discussion on of the 2020 Regular Session BR the 2017 Regular Session, the General Assembly 136: an act relating to school bus safety and making passed HB 184. The bill also tasked the Interm Joint AGRICULTURE an appropriation therefor Committee on Transportation of the Legislative Minutes of the 4th Meeting Representative Robert Goforth gave a brief Research Commission to conduct a review of the of the 2019 Interim October 7, 2019 overview of BR 136 proposed for the 2020 Regular effect that all overweight and over dimensional Session relating to adding stop-arm cameras on vehicles have on the Commonwealth’s roadways and Call to Order and Roll Call school buses. Representative Goforth stated a stop- railroad infrastructure. During negotiations regarding The 4th meeting of the Interim Joint Committee on Agriculture was held on Monday, October 7, 2019,

14 2019 Interim LEGISLATIVE RECORD at 10:00 AM, in Room 154 of the Capitol Annex. when it comes to training and keeping inspectors. Senator Hornback explained that the University Senator Paul Hornback, Chair, called the meeting to In response to Senator Hornback, Commissioner of Kentucky (UK) and Eastern Kentucky University order, and the secretary called the roll. Quarles said that KDA is a large regulatory agency. (EKU) would be merging its dairy programs, and Present were: The KDA inspectors touch consumers on a daily this joint merger will be located at Eastern Kentucky Members: Senator Paul Hornback, Co- basis by inspecting, among other things, food, gas University. He said that EKU is in the process of Chair; Representative Richard Heath, Co-Chair; pumps, carnival rides, airports, and trucks. The KDA designing new facilities, but there is concern about Senators Stan Humphries, Dennis Parrett, Damon performs over 60,000 inspections a year. KDA also the total cost of the project. The rough estimate is $17 Thayer, Robin L. Webb, Stephen West, and Whitney monitors diseases related to livestock, internationally million, but cutting through red tape could save over Westerfield; Representatives Myron Dossett, Joe and across the United States, in order to stop diseases $10 million. Graviss, Angie Hatton, Kim King, Matthew Koch, from coming into Kentucky. Update on Federal Issues Rick Rand, Brandon Reed, Rob Rothenburger, John In response to Senator Thayer, Commissioner Brian Lacefield, Executive Director, United Sims Jr, Wilson Stone, Nancy Tate, Walker Thomas, Quarles stated any hemp legislation will be dependent States Department of Agriculture, Farm Service James Tipton, and Susan Westrom. upon the USDA’s rules such as definitions related to Agency, explained that the Farm Service Agency Guests: Ryan Quarles, Commissioner, Kentucky hemp and the specifics of hemp licensing. He said that (FSA) implements the Farm Bill, dealing with price Department of Agriculture, Joe Bilby, General KDA may propose legislation to protect growers and support programs, conservation programs, and farm Counsel, Kentucky Department of Agriculture, and processors with regard to THC levels of hemp at the loans. There are 64 FSA county offices across the state, Brian Lacefield, Executive Director, United States processing centers, as well as implementing product divided into four districts. The FSA coordinates with Department of Agriculture (USDA) Farm Service standards. KDA and the Governor’s Office of Agricultural Policy. Agency. In response to Representative Tipton, He stated that a federal tariff relief program called LRC Staff: Stefan Kasacavage, Kelly Ludwig, Commissioner Quarles said it was imperative that the Market Facilitation Program (MFP), containing Nathan Smith, and Susan Spoonamore, Committee Kentucky farmers have access to international $12 billion, was created in 2018 to help mitigate the Assistant. markets. disruption in the trade negotiations. The program is The September 9, 2019, minutes were approved In response to Representative Graviss, tied directly to crop production and money is paid by voice vote, upon motion made by Representative Commissioner Quarles said hemp is experiencing on a per unit basis for corn, soybeans, wheat, dairy, Reed and seconded by Representative Tipton. growing pains. Though some companies are and other agriculture commodities. He said that FSA Discussion on Issues Facing Kentucky experiencing large orders, one major issue affecting administered $168 million to over 14,000 farmers Agriculture payments to hemp farmers is the inability of legal in Kentucky. Mr. Lacefield said that the original Ryan Quarles, Commissioner, Kentucky hemp companies to access credit at banks. There MFP had been slightly changed for 2019 and FSA is Department of Agriculture (KDA), stated that the are other companies who may have decided to expected to administer $200 million. drought conditions have resulted in yield issues for change or renege on their contracts with the farmers. Mr. Lacefield explained that the Farm Bill, corn and soybeans, as well as hay and forage shortages. Commissioner Quarles stated that Kentucky is passed in 2018, was farmer-friendly. The FSA handles Field fires have increased along with farm equipment still a family-farm state with few corporate farms. commodities, conservation, and credit programs. In catching fire. Compared nationally, Kentucky is holding steady on addition, he said that a new dairy program called He said that KDA is expecting the United the amount of farms still in business. He stated that the Dairy Margin Coverage program (DMC) was States Department of Agriculture (USDA) to issue it is important to farmers that the tax exemption on created to help dairy producers with price support guidelines for hemp. He stated that KDA approved farm inputs be protected. for their milk. He said that the farm loan programs 60,000 acres of hemp for the 2019 growing season, Representative Stone stated that the KDA farm saw an increase in funding. He explained that most although only 26,000 acres were actually planted. safety program is a great program for educating youth borrowers were beginning farmers or farmers who He said that 1,000 grower applications had been about safety around tractors, ATVs, and mowers. failed to meet the criteria used by traditional lenders. approved, which was up from 200 growers last year. In response to Representative Rothenburger, He said that there was approximately $200 million in Commissioner Quarles stated that there are 200 hemp Commissioner Quarles stated that the movie “Silo” loans in 2018, which was a record year in number of processors versus 70 the year before. He explained was filmed in Kentucky and Iowa and is centered loans for Kentucky. that growing hemp involves risks since the market on grain entrapment, featuring Kentucky residents. Mr. Lacefield stated that Kentucky is a national is in its infancy. Several issues still exist such as the Commissioner Quarles said that if money is available, leader in advocating for hemp as a legal crop. He said Food and Drug Administration’s (FDA) oversight KDA would be open to building a permanent facility that the FDA still has not yet made any decision as to of any consumable hemp products. The FDA still for fire/rescue training related to farm safety. the legality of hemp nor any promulgated regulations. considers any consumable hemp product to be illegal. In response to Senator West, Commissioner More data would be helpful in order to build a more Other concerns include hesitation among financial Quarles stated that the USDA is conducting an comprehensive program. institutions to extend credit, a lack of technology, and investigation into possible collusion with packing Mr. Lacefield noted that due to staffing shortages, no approved herbicides for hemp. He said that in 2020 plants in the Midwest. KDA has challenged The Farm Service Agencies across the state are doing there will be an insurance product available for hemp Kentucky Cattlemen’s Association and other more with less. Another issue facing FSA is the large growers called Whole Farm Insurance. Commissioner agriculture groups to begin discussions about number of employees who are eligible for retirement. Quarles stated that during the 2020 legislative session, Kentucky opening a large-scale packing plant. Offices across the state are staffed, but with a limited KDA will ask for an update to Kentucky’s hemp laws, Senator Hornback stated that the profits at the number of employees. pending USDA’s guidelines. packers, per pound, are double that of the agriculture In response to Senator Hornback, Joe Bilby, Commissioner Quarles explained that KDA producers on the farm. General Counsel, Kentucky Department of is preparing farmers, who meet certain criteria, to In response to Representative Graviss, Agriculture, explained that KDA made changes to the implement the new standards of the Food Safety Commissioner Quarles stated that he did not have grain regulations in accordance with Senate Bill 153 Modernization Act (FSMA). He stated that KDA an opinion on proposed legislation to eliminate the which revamped the grain laws. When the new law received a $3 million grant from the FDA to train time change, but he said it might be good to start took effect, KDA realized that some of the regulations and educate farmers on the new rules for growing, discussions with farm groups to get their opinion. He were obsolete. Commissioner Quarles noted that harvesting, packing, and holding produce. said that Kentucky is fortunate to have the Kentucky KDA was in the process of reviewing regulations that Commissioner Quarles said that KDA had Agricultural Finance Corporation (KAFC), which no longer serve a purpose. implemented six budget cuts in three years. He said has $84 million in assets. He said half of the loans Meeting adjourned. many KDA employees make less than $35,000 a year through KAFC are dedicated to beginning farmers in which makes it hard to retain employees, especially Kentucky.

THE KENTUCKY GENERAL ASSEMBLY 15 CHILD WELFARE OVERSIGHT challenging. KDA found that due the law being In response to questions and comments from unclear, some grocery stores were less likely to donate, Senator Buford, Commissioner Quarles stated that AND ADVISORY COMMITTEE because they are afraid of being sued by someone who the idea of having unused campaign funds go to Minutes October 16, 2019 got sick from a donated item. In 2017, the General programs to feed children is a great idea. Assembly passed House Bill 237 (HB 237), providing Fingerprint Processes and Technology for Call to Order and Roll Call the strongest legal protections in the nation for Foster and Adoptive Parent Applicants The Child Welfare Oversight and Advisory individuals and businesses seeking to donate to food Pamela Priddy, Chief Strategy Officer, Necco, Committee meeting was held on Wednesday, October pantries. Food donations from grocery stores have stated that Necco is a Kentucky-based foster care 16, 2019, at 10:00 AM, in Room 131 of the Capitol increased due to this law. When KDA realized there agency servicing all 120 counties. Necco serves Annex. Representative David Meade, Chair, called was a lack of cold storage in food pantries, it received approximately 750 children in foster care and over the meeting to order, and the secretary called the roll. a donation of 150 chest freezers to distribute across 100 youth in independent living and provides other Present were: Kentucky. services for families. Necco has 654 open foster Members: Senator Tom Buford, Co-Chair; Commissioner Quarles stated that maintaining homes in Kentucky. Necco also serves similar foster Representative David Meade, Co-Chair; Senators adequate funding is an issue. He thanked the populations in Georgia, West Virginia, and Ohio. Denise Harper Angel and Reginald Thomas; legislature for funding the food bank system and In Kentucky, Necco helps applicants to complete Representatives Lynn Bechler, Angie Hatton, Joni L. Feeding Kentucky. KDA also raises funds from other a form to initiates the background check for a Jenkins, and Suzanne Miles. organizations such as Hunters for the Hungry, Glean potential foster parent. Necco assists applicants Guests: Commissioner Ryan Quarles, Kentucky Kentucky, and the Kentucky Farm Bureau. Each to make an appointment with a Department for Department of Agriculture; Major Jeremy Murrell, summer children that qualify for free or reduced Community Based Services (DCBS) office and with Chief Information Officer, Technical Services lunch, also qualify for summer feeding programs. travel if necessary, to have their fingerprints taken Division, Kentucky State Police; Heather Wagers, The summer feeding program is a federally funded and submitted for processing. It can take 30 days Legislative Director, Kentucky Justice Cabinet; program through the United States Department of to receive the results of the fingerprint background Elizabeth Caywood, Deputy Commissioner, Mary Agriculture (USDA) with over 2,000 sites across check and more than 30 days to find out if the family Carpenter, Assistant Director, Division of Protection Kentucky. is eligible to foster. and Permanency, Laura Begin, Legislative Liaison, In Letcher County, a program called Farmacy Ms. Priddy stated that in Ohio, Necco uses Department for Community Based Services, Cabinet provides healthy foods from farmers’ markets to portable fingerprint machines at its offices purchased for Health and Family Services; and Pamela Priddy, patients with dietary restrictions. KDA has many from a third party vendor. The vendor provides Chief Strategy Officer, Necco. programs that help Kentuckians have better access training and support to the staff. Necco submits the LRC Staff: Ben Payne, Lead Staff, Dana L. to healthier foods. The food insecurity rates have fingerprints directly to the state. If there are no “hits” Simmons, and Becky Lancaster. decreased by one percent in Kentucky in the past on the fingerprints, Necco can then proceed to work Approval of Minutes three years. with a family on training. If there is a “hit” on the A motion to approve the minutes of the KDA is reviewing the labeling laws. Shellfish fingerprints, the results are sent through mail within September 9, 2019 meeting was made by Senator and dairy products are the only food items that are 30 days. Training for potential families can start Buford, seconded by Representative Bechler, and required to have a labels. KDA is researching ways earlier if the fingerprint checks can come back in a approved by voice vote. to clarify labels so that items may have a longer timelier manner. Kentucky Hunger Initiative shelf life and can be donated. KDA has commodity Ms. Priddy stated that the appointments for Commissioner Ryan Quarles, Kentucky and livestock groups donating such as the Kentucky potential foster parents at DCBS offices to complete Department of Agriculture (KDA), stated that KDA is Cattlemen’s Association, the Poultry Federation, and the fingerprinting are not always conducive with the addressing food insecurity across the Commonwealth. the dairy industry. foster parents’ schedules which may cause delays He stated that KDA is in the food business; the In response to questions and comments from for potential foster parents. The mobile units will production, processing, and the promotion of food Senator Thomas, Commissioner Quarles stated instantly let the worker know if the fingerprints are through Kentucky Proud. KDA wants to make sure that legislative food drives are a good idea because not able to be read. In Kentucky, it could take up to that all Kentuckians have access to high quality, donations will be made and KDA can meet with 30 days to find out the fingerprints are not able to be nutritious, and preferably locally grown food. The policy makers. KDA is doing more food drives at read. Rescheduling appointments with DCBS can be Kentucky Hunger Initiative is an umbrella effort of different conferences in the state. KDA will follow up troublesome for potential foster parents and Necco KDA to bring together all parts of the food chain to on the ideas for the legislative food drives. workers. She stated that the fingerprint processing reduce hunger. In Kentucky, 40 percent of all prepared In response to questions and comments from time can be a barrier for potential foster parents. food is throw away each day. According to the 2017 Representative Miles, Commissioner Quarles stated Major Jeremy Murrell, Chief Information Feeding America study, one in seven Kentuckians are that approximately $9 million comes into Kentucky Officer, Technical Services Division, Kentucky State food insecure, meaning there is doubt as to where to pay for the summer feeding program. KDA Police (KSP), stated that KSP receives the request their next meal will come from. Hunger adversely needs more school buses to distribute. Schools have for a background check for many reasons including affects children and senior populations at higher donated buses to transport the food or people for the adoption and foster process. KSP receives the rates. Kentucky is estimated to have 186,000 children better utilization of the summer feeding program. fingerprint submissions electronically or on paper who are food insecure and half of Kentucky’s counties The regulations regarding the school lunch programs, from the mail. Electronic fingerprints are submitted have a food insecurity rate higher than 20 percent. Of the breakfast programs, and the summer feeding to the FBI, and KSP retains a digital image of the those 60 counties, all but five are in rural areas. programs should be reviewed. submission. The paper fingerprint cards require data Commissioner Quarles stated that a recent In response to questions and comments from entry. The paper fingerprint cards are scanned into study showed that food insecurity costs the Representative Jenkins, Commissioner Quarles stated the KSP system and sent to the FBI. The FBI sends the healthcare system $78 billion a year in the United that the KDA backpack programs are very popular background check results back to KSP. The fingerprint States. Children who are food insecure have smaller across the state. Each county does the program results for adoption and foster parent applications gains in reading and math courses, are more likely differently, some have help from the community. He are manually printed, then held at the Criminal and to miss school, are more likely to repeat a grade, and stated that the Family Resource and Youth Services Technology Building for someone from the Cabinet are less likely to graduate high school on time. KDA Coalition of Kentucky (FRYSCKy) program officers for Health and Family Services (CHFS) to pick up. held sessions across Kentucky to gain feedback on are paramount in making the backpack programs Typically, the results are picked up by CHFS on a daily what programs work well within each region. There work. Often times the FRYSCKy workers deliver the basis. The average time for this process at KSP is one is a lack of communication among the hunger groups. meals in a discreet way to prevent food shaming. to four days. The logistics of moving the donated food are always

16 2019 Interim LEGISLATIVE RECORD Major Murrell stated that several factors can DCBS is proposing the National Background Check Families are required to complete 10 hours of annual affect the processing time. The biggest reason for a Program as a solution to the complications with the ongoing training with 50 percent being in a class and delay in the results is the quality of the fingerprints paper-based process. The foster parent application 50 percent completed online. DCBS is working on submitted. Approximately, two percent of fingerprint would be made online. DCBS uses the Kentucky new platforms for foster families to make training submissions are rejected. As of October 4, 2019, KSP Applicant Registry and Employment Screening more available. has received 6,072 fingerprint-based background (KARES) National Background Check Program Laura Begin, Legislative Liaison, Department for checks. There is not a backlog of fingerprints to infrastructure for fingerprinting. If there are no Community Based Services, Cabinet for Health and be processed at KSP. Heather Wagers, Legislative records found on the background check, results can be Family Services, stated that with the adoption of 2018 Director, Kentucky Justice Cabinet, stated that there rendered in days as opposed to weeks. The proposed Regular Session House Bill 1 (HB 1) CHFS amended are inquiries for information regarding any backlogs program has an automatic interface with the state the administrative regulations and policies to further at KSP, but the fingerprint-based background checks child abuse and neglect central registry as well as in- align foster home standards, created the online foster do not have a backlog. Typically, the background state criminal records. If there is a conviction or a parent registry, and enacted the implementation of check results are completed within 24 hours to 36 substantiation subsequent to the initial approval, the a child-specific foster home type for relatives and hours. individual would be flagged for a review and fitness fictive kin that includes a per diem. CHFS created a In response to questions and comments from determination. The new program would be working diligent recruitment plan to support the recruitment Representative Meade, Ms. Wagers stated that some within six to 12 months with no complications from and retention of family foster homes. There has been states use the Volunteer and Employee Criminal audit requirements. targeted recruitment in each service area ensuring History System (VECHS) is used. VECHS has many Foster Parent Three Year Reevaluation Process access to informational meetings, trainings, and different layers that have to reviewed and approved and Procedures home studies. before fingerprints can be processed. For Kentucky to Elizabeth Caywood, Deputy Commissioner, Ms. Begin stated that the 2019 Regular Session consider the VECHS approach, the Commonwealth Department for Community Based Services, House Bill 446 (HB 446) was passed and amendments needs to have an electronic background check system. Cabinet for Health and Family Services, stated that were made to remove annual reevaluation The Kentucky Justice Cabinet has reviewed what requirements are placed upon potential foster parents, requirements. The reevaluations are now required other states are using and are working with other because children in foster care are particularly every three years. DCBS has advised the Office of Cabinets and vendors in the pursuit of an electronic vulnerable for repeat victimization. DCBS must make the Inspector General (OIG) and held statewide background check system. Once an electronic sure that foster parents are capable of dealing with meetings that included private providers, recruitment background check system is in place, DCBS with FBI the trauma and healing that needs to occur. In the and certification of supervisors advising them of the input, can create language to be put in to statutes. last State Fiscal Year (SFY) 2019, there were 52,628 changes. With the implementation of HB 446, the The Kentucky Justice Cabinet is working to acquire reports of child abuse and/or neglect that met criteria reevaluation requirements are to include a home visit, the electronic background check system on a daily for an investigation or assessment. There were 15,182 an interview with the foster parents, and paperwork. basis, but there is not a set timeline. Ms. Wagers is reports with a substantiated or services needed finding DCBS is working towards a solution that would allow hopeful that there will be an electronic background in SFY 2019. DCBS is working to obtain data on the background checks to be conducted less frequently. check system in 2020. Once a vendor is chosen, the number of reports of child abuse and/or neglect while Ms. Caywood stated that there has been a 27 percent Kentucky Justice Cabinet will work with the vendor in foster care. The mission of DCBS is to build an increase in the total number of foster homes from on a more specific timeline. effective and efficient system of care with Kentucky 4,372 in August of 2014 to 5,455 in August of 2019. In response to questions and comments from citizens and communities to reduce poverty, reduce Ms. Begin stated that having an increase in foster Senator Buford, Ms. Wagers stated that the Kentucky adult and child maltreatment and its effects; and to homes means that DCBS can more readily meet the Justice Cabinet is looking at various options for the assure all children have safe and nurturing homes and needs of the child and keep the child closer to their electronic background check system to have a limited communities. There is an emphasis in child welfare community. cost. She did not have specific costs for an electronic on safety first, above permanency or other well-being In response to questions and comments from background check system but could provide them. indicators. Representative Meade, Ms. Caywood stated that Elizabeth Caywood, Deputy Commissioner, DCBS does not have good data on child abuse within Department for Community Based Services, Cabinet Mary Carpenter, Assistant Director, Division foster care homes. She stated that it is not uncommon for Health and Family Services, stated that DCBS of Protection and Permanency, Department for that once a child is removed from their home of origin background checks are done with paper and not Community Based Services stated that with the that more allegations of maltreatment are disclosed. online. A hardcopy form must be completed by the child welfare transformation DCBS has reviewed DCBS cannot distinguish with great accuracy, what potential foster or adoptive parents. The potential the foster parent approval process. The Kentucky maltreatment occurred in the child’s home of origin foster or adoptive parent is fingerprinted in a local FACES portal is an online resource for foster parents and what happened during the child’s time in foster DCBS office. The DCBS Records Management and prospective foster parents that DCBS uses as a care. She stated that DCBS believes there is a low Section (RMS) runs a child abuse and neglect (CAN) recruitment tool. DCBS streamlined the application percentage of child abuse or maltreatment that check and a sex offender registry check, then matches process by allowing foster parent applications and happens while a child is in foster care in Kentucky. the criminal check results with the fingerprint form. inquiries to be submitted online. Foster parent She stated that the DCBS diligent recruitment If a potential foster or adoptive parent has lived out- inquiries go directly to the region where the foster subcommittee is focusing on the retention of foster of-state within five years, DCBS is required by federal parent resides and the responses are timelier. An parents. law to request a CAN check from the prior states of application can be submitted online and go directly Ms. Caywood stated that there is a dedicated residence. DCBS does have occasional complications into the TWIST system. Foster and adoptive parents staff in the records management section to process in requesting child maltreatment checks from other can now track their home study process through the foster care and adoptive background checks. The states. RMS stores the background check results for online portal. Ms. Carpenter listed the requirements foster care and adoptive background checks are federal audit purposes. DCBS is subject to corrective for the initial foster parent approval. separate and apart from the child abuse and neglect actions or financial penalties if the requirements Ms. Carpenter stated that a foster or adoptive central registry checks. The Kentucky FACES portal of the audits are not met. DCBS uses the KARES parent applicant must complete a minimum of 15 provides for online inquiries and applications for National Background Check Program infrastructure hours of curricula in topics outlined in regulation and foster or adoptive parents. The Kentucky FACES for fingerprinting. five web-based trainings. Prior to or during the month portal interfaces with the protection and permanency Ms. Caywood stated that DCBS has proposed of the second anniversary date of a foster or adoptive data base reducing data entry and processing time so the National Background Check Program to the parent’s initial approval, the foster or adoptive parent that workers can focus more on direct contact with the DCBS provider group with unanimous support. must complete a minimum of 30 hours of training. foster or adoptive parent. Through federal funding,

THE KENTUCKY GENERAL ASSEMBLY 17 DCBS has an online kinship navigator program that average approximately $3,000. She added that the West, Chair, called the meeting to order, and the provides information to kinship caregivers about awards are conversion scholarships. Mr. Hutchins secretary called the roll. different services that are available. DCBS has a data said that the teacher scholarship program was funded Present were: dashboard that is in the process of being created. The through a General Fund appropriation that was Members: Senator Stephen West, Co-Chair; dashboard will provide an at a glance review of health phased out in the current biennium. Senator Denise Harper Angel; Representatives Nima and well-being indicators for children in foster care In response to a question from Senator Givens, Kulkarni and Brandon Reed. to help the case workers manage their caseloads more Mr. Hutchins said the chart on the “How Financial Guests: Laurie Dudgeon, Director, efficiently. Aid is Awarded” slide shows the average annual cost Administrative Office of the Courts (AOC); Danny In response to questions and comments from of education. He said the number includes room and Rhoades, Executive Officer, Department of Facilities, Senator Thomas, Ms. Caywood stated that she board, books, and tuition and fees. Mr. Hutchinson AOC; Carole Henderson, Budget Director, AOC; and believes that DCBS will be able to do all background stated that there are mechanisms in place for Jimmy Shaffer, Executive Secretary, Judicial Conduct checks electronically within two years. students to receive credentials without being left with Commission. Adjournment catastrophic levels of debt. LRC Staff: Zachary Ireland, Savannah Wiley, There being no further business, the meeting In response to a question from Senator Wilson, and Benjamin Thompson was adjourned at 11:35 AM. Ms. Gortney said affordability and alternatives to Judicial Facilities and Judicial Conduct student debt are discussed with students and families. Commission INTERIM JOINT COMMITTEE ON She added that college coaches work with the same Ms. Dudgeon, Mr. Rhoades, and Ms. Henderson student cohort during the duration of each student’s provided information on judicial facility capital APPROPRIATIONS AND REVENUE high school career. projects that were authorized between fiscal year 2014 Budget Review Subcommittee on Education In response to a question from Representative and fiscal year 2018. Ms. Shaffer provided information Minutes of the 4th Meeting Fischer, Mr. Hutchins said that a new product, Be on the Judicial Conduct Commission and its budget. of the 2019 Interim Loan Smart, sends letters to students to illustrate In response to questions from Chair West, Ms. October 1, 2019 what they have borrowed and what their anticipated Dudgeon noted that the total cost of the Jefferson Call to Order and Roll Call monthly obligation will be. Ms. Gortney said student County Hall of Justice renovation would be $5.2 The fourth meeting of the Budget Review workshops identify the reasonable amount of debt a million, split almost equally between the AOC Subcommittee on Education of the Interim Joint student should take on based on their income. Mr. and Jefferson County. Ms. Dudgeon stated that Committee on Appropriations and Revenue was held Hutchins said that recently students have become within the memorandum of understanding signed on Tuesday, October 1, 2019, at 10:00 AM, in Room more debt adverse. by both the AOC and Jefferson County, there is no 154 of the Capitol Annex. Representative James Council on Postsecondary Education (CPE) point laid out where funding would be pulled back Tipton, Chair, called the meeting to order, and the Representatives from CPE gave a presentation to from the project even though it is on hold due to secretary called the roll. the committee about financial aid programs funded Jefferson County’s budgetary constraints. Ms. Shaffer Present were: via state appropriations. noted that AOC handles contracts for the Judicial Members: Representatives James Tipton, Co- In response to a question from Chair Tipton, Dr. Conduct Commission. Ms. Henderson stated that Chair; Senators C.B. Embry Jr., Johnny Ray Turner, Thompson said that high schools are clamoring for AOC receives contract agreements from the Judicial and Mike Wilson; Representatives Tina Bojanowski, more dual credit courses that may not be beneficial Conduct Commission and inputs them into the Randy Bridges, Joseph M. Fischer, Cluster Howard, for students. He added that the belief there will not budgeting system. Ms. Shaffer noted that the Kentucky Regina Huff, C. Ed Massey, and Attica Scott. be a financial return on investment has led some Bar Association refers to the Judicial Conduct Guests: Senator David Givens; Gene Hutchins, institutions to not take part in dual credit at the Commission concerning judicial complaints. Ms. Executive Director/CEO, Kentucky Higher Education level they need to. Dr. Thompson said in some cases Shaffer said there had been no judges removed by the Assistance Authority; Summer Gortney, Assistant there is a disparity about the courses being offered to commission in the last five years. Director, Outreach Services, Kentucky Higher students. In response to a question from Representative Education Assistance Authority; Becky Gilpatrick, In response to a question from Senator Givens, Reed, Ms. Dudgeon stated that judicial construction Director, Grant Services, Kentucky Higher Education Dr. Thompson said that even though the economy has projects authorized in FY 2014 are still in progress. Assistance Authority; Dr. Aaron Thompson, improved, only 47 percent of Kentucky high school In response to questions from Chair West, Mr. President, Council on Postsecondary Education; Lee students are enrolled in college. He said that support Rhoades noted that projects completed in the late Nimocks, Vice President, Council on Postsecondary must be provided and behavioral changes must be 1990s and early 2000s have begun having heating and Education. made to ensure enrollment numbers continue to air conditioning issues. Mr. Rhoades stated that many LRC Staff: Chuck Truesdell, Nick Peak, and grow and that quality service is maintained. repairs are covered by the judicial facility maintenance Amie Elam. There being no further business to come before budget. Ms. Dudgeon noted that only capital projects Kentucky Higher Education Assistance the subcommittee, the meeting was adjourned at over $1 million need to be approved by the General Authority (KHEAA) 11:38 a.m. Assembly. Ms. Henderson stated that the AOC sets Representatives from KHEAA spoke to the aside $1.5 million for deferred maintenance. subcommittee about financial aid programs funded INTERIM JOINT COMMITTEE In response to a question from Representative via state appropriations. Reed, Mr. Rhoades said janitorial staff in courthouses In response to a question from Chair Tipton, ON APPROPRIATIONS AND are either contractors or county employees. Mr. Hutchins said the recent budget surplus, in the REVENUE There being no further business before the amount of $14.5 million, enabled KHEAA to extend Budget Review Subcommittee on Justice subcommittee, the meeting was adjourned at 8:40 the period that funds were awarded to students. He and Judiciary AM. explained that the Work Ready Kentucky Scholarship Minutes of the 4th Meeting program is funded through a baseline appropriation of the 2019 Interim and a $13 million continuing appropriation. Mr. October 1, 2019 PUBLIC PENSION OVERSIGHT Hutchins said the baseline appropriation would need Call to Order and Roll Call BOARD to be increased after the continuing appropriation is The 4th meeting of the Budget Review Minutes of the 7th Meeting exhausted. Subcommittee on Justice and Judiciary of the Interim of the 2019 Interim In response to a question from Representative Joint Committee on Appropriations and Revenue September 23, 2019 Bojanowski, Ms. Gilpatrick said scholarships awarded was held on Tuesday, October 1, 2019, at 8:00 AM, Call to Order and Roll Call from the KHEAA Teacher Scholarship Program in Room 129 of the Capitol Annex. Senator Stephen The 7th meeting of the Public Pension Oversight

18 2019 Interim LEGISLATIVE RECORD Board was held on Monday, September 23, 2019, at Act by delegating the redactions of confidential and interest accurately and reflecting it as a line item on 1:00 PM, in Room 154 of the Capitol Annex. Senator proprietary information to external investment financial statements. TRS argues that carried interest Jimmy Higdon, Chair, called the meeting to order, managers. He referred to KRS 61.645(20), which states information is proprietary and exempted from and the secretary called the roll. that “the systems shall separate the excepted material disclosure. Present were: by removal, segregation, or redaction, and make the Members: Senator Jimmy Higdon, Co-Chair; nonexcepted material available for examination.” KRS In response to a question from Senator Representative Jim DuPlessis, Co-Chair; Senators had not required any justification or documentation Higdon regarding a description of carried interest, Christian McDaniel, Gerald A. Neal, Dennis Parrett, to support the requested redactions, nor had the Mr. Harmon explained that carried interest is the Wil Schroder, and Mike Wilson; Representatives Joe system made any redactions themselves. The system amount of a private equity or hedge fund’s profits Graviss, Jerry T. Miller, Phillip Pratt, Russell Webber, has argued that their process is correct, based on that the general partner or investment manager and Buddy Wheatley; J. Michael Brown, John Chilton, an Opinion of the Attorney General issued in 2016, receives as compensation. In response to a follow Timothy Fyffe, Mike Harmon, James M. “Mac” but he noted that SB 2, which amended the law, was up question regarding if other states were reporting Jefferson, and Sharon Mattingly. passed in 2017. carried interest, Mr. Harmon stated that many states Guests: Mike Harmon, Auditor, Tiffany In response to a question from Senator Higdon are reporting carried interest in a manner that is Welch, Audit Manager of Public Accounts; David regarding whether the Auditor had been provided consistent with SB 2 requirements. Eager, Executive Director, Kentucky Retirement access to fully unredacted versions of the contracts In response to a question from Representative Systems; Beau Barnes, Deputy Executive Secretary as required by SB 2, Mr. Harmon confirmed that Miller regarding whether or not the plans had of Operations and General Counsel, Teachers’ his office had been given unredacted versions of the common investment managers, Mr. Harmon stated Retirement System; Chris Biddle, Executive Director, contracts that were requested. his office would have to report back. Kentucky Public Employees’ Deferred Compensation Mr. Harmon provided a couple of examples of In response to a question from Senator Higdon Authority; and Joe Bowen, former Senator of the redacted information that is not proprietary, but has regarding if the carried interest information was Kentucky General Assembly. been redacted from contracts posted on the KRS provided to during the Audit, Mr. Harmon stated LRC Staff: Brad Gross, Jennifer Black Hans, Bo website. that his office was given access to the carried interest Cracraft, and Angela Rhodes. In response to a question from Senator Higdon information. In response to a follow up with regards Approval of Minutes regarding the items redacted, Mr. Harmon stated, to whether disclosure would put the system at a Sharon Mattingly moved that the minutes of the in his opinion, some of the items redacted was competitive disadvantage, Mr. Harmon responded August 26, 2019 meeting be approved. Representative proprietary, but that there were several items, like that he did not believe releasing carried interest Miller seconded the motion, and the minutes were those shown in his presentation, which should not information would result in unfair competitive approved without objection. have been redacted. advantage. Examination of Certain Policies, Procedures, In response to a question from Representative Mr. Harmon provided a summary of findings Controls, and Transparency Compliance Activities Miller regarding contracts signed after the passage of for each of the systems. With regards to KRS, he of Retirement Systems in Kentucky SB 2, Mr. Harmon stated his office were provided some pointed out a few additional findings, which included Mike Harmon, Auditor of Public Accounts, contracts signed after SB 2, but not all the contracts KRS staff’s inability to recalculate one investment began by noting that his office had recently had been posted online, and those online were still manager’s fee, delinquent employer balances, and completed and released on August 28, 2019, a special redacted by the investment managers instead of KRS benefit payments to deceased individuals during the examination related to the transparency of all three as required. most recent fiscal year. state-administered retirement systems: Kentucky Mr. Harmon noted another finding not directly In response to a question from Senator Higdon Retirement Systems (KRS), Teachers’ Retirement related to SB 2 compliance: the failure of KRS staff to regarding fee caps utilized by TRS, Mr. Harmon System (TRS), and Judicial Form Retirement System meet annually with investment managers as required explained that TRS contracts included language (JFRS). He noted that with passage of SB 2 in 2017, by their investment policy. He noted that given staff that would allow TRS to postpone or withhold the a high level of interest from the Public Pension shortages, the systems had waived the requirement payment of fees if a limit or cap was reached during Oversight Board (PPOB), as well as members of the in some cases. Mr. Harmon also called attention to the fiscal year. He noted that KRS did not include this public, has been focused on whether the retirement the number of investment managers used by KRS, kind of fee monitoring in its contracts. systems were in compliance. which totaled 110 as of June 2018, compared to only Mr. Harmon continued his summary of audit Mr. Harmon outlined the scope of the audit, 41 investment managers for TRS and one for JFRS. SB findings and pointed out one finding with regards to which primarily focused on evaluating the systems 2 did not limit the number of managers, but having so JFRS, which was a small amount of benefit payments compliance with the increased transparency many may impact KRS’s ability to properly manage its made subsequent to death of a retiree. JFRS had requirements of SB 2. The audit also reviewed a investments and contracts. chosen not to seek recovery of the overpayment. couple other special topics, such as delinquent With regards to TRS, Mr. Harmon noted the employer balances and benefit payments to deceased system has a process in place to redact confidential In closing, Mr. Harmon noted that the full audit individuals. The audit reviewed the period between and proprietary contract information but that report included recommendations for each finding July 1, 2017, and June 30, 2018, with additional data some redactions have been made without a request to improve internal controls and oversight, as well as supplied through August 2019. from the investment manager over concern the overall transparency and accountability. Additionally, Mr. Harmon stated that KRS and TRS had information would compromise the system’s ability to he recommended that the PPOB work with failed to comply with the basic requirement to post competitively invest. stakeholders to develop an enforcement mechanism all contracts, with both systems failing to post more In response to a question from Senator Higdon for full compliance with transparency requirements. than 80 percent of contracts on their websites. SB 2 regarding the requirements for KRS and TRS, Mr. In response to questions from Mr. Chilton required the posting of all contracts, and applied Harmon confirmed the statutory requirements for regarding the noncodified language included in equally to contracts signed before its passage in 2017. both systems are the same, although neither system the bill, Mr. Harmon responded that SB 2 did During the audit, his office also discovered that both is in compliance. In response to a follow up question include noncodified provisions primarily related to systems had contracts that referred to side letters regarding compliance with just contracts signed post- procurement that specifically applied to contracts that contain additional provisions of the contractual SB 2, Mr. Harmon stated there was no exception and executed or renewed after July 1, 2017. agreement, but none of those side letters were posted thus his office had considered all contracts. In response to a question from Representative on the system’s websites as required. Mr. Harmon continued with his findings, and Miller about the audit’s recommendation regarding With regards to contracts posted online, KRS had stated that TRS was not reporting carried interest as contract disclosure, Mr. Harmon stated that the audit abdicated its responsibility under the Open Records required by SB 2, while KRS was reporting carried recommended that, as to the posting requirement, the

THE KENTUCKY GENERAL ASSEMBLY 19 General Assembly should prohibit the systems from unposted contracts are private equity investments, process and referred to an opinion from the Attorney entering into any future contracts with managers that which typically last from 9 to 15 years. In response General from 2016, which stated “Since investment would not fully comply with SB 2. In response to a to a follow up question regarding length of contracts, services are the essence of [an investment manager’s] follow up question, Mr. Harmon stated that neither Mr. Robben stated that there could be one or two business, conducted in a competitive field, there is no KRS nor TRS were in complete compliance even with contracts that are in real return that may not have a reason to doubt that such information is generally contracts completed since passage of SB 2. stated termination date, while Mr. Eager added that recognized as confidential or proprietary. Nonetheless, In response to a question from Senator traditional public equity and fixed income manager we do not find justification for KRS to withhold the Higdon regarding if all contracts had gone before agreements typically have an exit clause with a 30 to partnership agreements in their entirety.” Mr. Eager contract review, Mr. Harmon stated that his office 90 day notice. commented that KRS agreed with that opinion. did not review that matter. In response to a follow Secondly, Mr. Eager discussed the audit findings Lastly, Mr. Eager discussed issues KRS had with up question regarding the term of the contracts, related to contract redactions and stated that KRS adhering to the CFA Code of Conduct, which was Mr. Harmon stated that most contracts would have should not be in primary control of that process. He included in the original SB 2. He noted that most of renewal provisions and, once a contract is renewed, referenced KRS 61.878(1) and indicated that KRS KRS’s managers do not belong to the CFA Institute compliance should be carried out. should not be put in the untenable legal position and, therefore, refused to abide by its code of conduct Senator Higdon asked former Senator Joe determining what is confidential or proprietary and and code of ethics. In addition, the CFA Institute Bowen, as the sponsor of SB 2, to provide testimony what is not on behalf of a manager. He emphasized did not have punitive powers and does not conduct regarding his intent for the legislation. Mr. Bowen the legal concern of having KRS staff control the on-site audits. Mr. Eager highlighted HB 489, which stated that the intent of SB 2 was to give legislators and process. Again, he noted the Auditor and Government removed the language and allows KRS to operate in the public the opportunity to look inside the systems, Contract Review Committee had access to all the compliance with current law. see what was transpiring, and how money was being systems’ contracts. Senator Higdon commented that HB 489 was a invested. He stated that the systems were gravely Senator Higdon commented that several issues model piece of legislation, chiefly with regards to how challenged with their level of funding, but it was hard were resolved for TRS and KRS with the passage of the legislative process is supposed to work with the for a legislator to make any recommendations or HB 489 during the 2019 Regular Session. However, as systems and legislators collaborating to find solutions promulgate any type of corrective action without the to the other issues that systems are expressing concern to issues. He stated there needs to be additional opportunity to look inside to see what was going on. about, the PPOB has not heard from the systems until discussions before the next session so some of the Response to Auditor’s Report – KRS & TRS the auditor’s report was issued. If there are matters audit findings can be discussed and solutions can be David Eager, KRS, in his opening remarks that require legislative intervention, the systems need addressed. thanked the committee for the opportunity to testify to bring these concerns to the attention of the PPOB. In response to questions from Mr. Jefferson with and stated that he had some real concerns about In response to a question from Representative regards to posting carried interest, Mr. Robben stated the audit. KRS staff had worked extremely hard to Miller regarding the different approaches to redacting that KRS started posting carried interest on their become more transparent and build confidence with by TRS and KRS, Mr. Robben responded that he agreed website because they felt like it was the right thing to the General Assembly. He referenced materials KRS with the Auditor that items were likely redacted that do. makes available online, which includes a list of every did not necessarily need to be, but his lack of legal Mr. Eager concluded his presentation by investment manager, assets under management, as expertise limited his ability to make such decisions. In stating that several of the audit recommendations well as fees paid. All board meetings are live-streamed addition, KRS as a whole, does not have legal staff with were in process or staff was developing procedures to the public. a level of expertise to discuss and challenge redaction to implement. Mr. Robben also addressed the audit Mr. Eager identified three primary findings items with each of their managers. Lastly, he noted finding related to KRS monitoring investment that KRS wanted to address: (1) the posting of all the access available to legislators, the Auditor, and managers. He clarified that the current investment investment manager contracts, (2) the redaction other decision makers and expressed that managers policy requires annual onsite visits, which is not process, and (3) adherence to the CFA Code of are not as concerned with the public having access, possible with a staff of four and 110 managers, 15 of Conduct. First, with regards to the posting of but rather their competitors. which are located overseas. He stated that staff does contracts, he stated there are two time periods, before In response to a follow up question from monitor and meet with managers, generally quarterly, and after SB 2 that must be considered. He referenced Representative Miller regarding the TRS redaction via telephone or conference, and that the board was KRS 446.080, which states that statutes are not process, Mr. Barnes stated that with regards to the in the process of making changes to the investment retroactive unless otherwise specified. He stated that publicly-traded investment managers, TRS staff is policy to conform to industry practices. all 13 contracts signed since the passage of SB 2 have handling the redaction process. As it relates to private In response to a question from Senator Higdon, posted online, while 41 contracts that were signed equity contracts and general partnerships, TRS is Mr. Eager stated that KRS is in the process of sending pre-SB 2 are also online even though KRS believes working with those managers, but the final redacted out demand letters to the delinquent agencies. they are under no obligation to do so. Mr. Eager version is handled by staff. Mr. Barnes opened his presentation by stating stated that all contracts not posted were in place prior Senator Higdon reiterated that an unredacted that while TRS respectfully disagreed with the to June 17, 2017, and are primarily private equity version of every contract was available for review by audit findings, TRS did appreciate their work and and alternative investments that account for only 12 the Government Contract Review Committee and commended staff. Mr. Barnes noted two primary percent of the plans’ total assets. Mr. Eager identified the Auditor. In response to a question from Senator findings that he planned to address, which included existing confidentiality clauses as the primary reason Higdon regarding other access, Mr. Barnes stated that transparency of investment contracts and reporting these contracts were not posted, but also noted that the Executive Branch and Legislative Branch also has of carried interest. liquidating these illiquid investments was a very the opportunity to seek unredacted versions, subject First, Mr. Barnes discussed the audit finding costly alternative when all of them will mature over to a nondisclosure agreement. related to greater transparency of investment contracts time. In response to a question from Senator and stated that TRS did believe in transparency and In response to a question from Senator Higdon Higdon regarding if the system had lost investment operates in such a manner. A list of every investment regarding if contracts were made available to the opportunities due to the required transparency laws, manager could be found in the systems financial Government Contract Review Committee, Mr. Eager Mr. Eager stated that KRS has had two investment report, along with the amount of each investment and confirmed that all contracts not posted are made managers decide to no longer do business with KRS, quarterly performance reports. Every dollar that is available unredacted to the committee. while Mr. Robben noted that a handful of managers paid out of the TRS trust funds in the form of fees are In response to a question from Senator have declined opportunities after reviewing the plan’s reported in their financial statements. Higdon in regards to the length of the investment gating process and requirements. Mr. Barnes then referenced legislation passed period, Mr. Robben stated that the vast majority of Mr. Eager continued to discuss KRS’s redaction during the 2008 session that increased reporting

20 2019 Interim LEGISLATIVE RECORD requirements and noted that statutory language was they can withhold payments until they are sure they for employers. KDC operates like a non-profit and is added to protect TRS from having to disclose anything can come in line with what the actual fees agree to funded by participant fees, which are waived during a deemed proprietary, which is the same exception and not get over billed for a particular investment. participant’s first year and are capped at a maximum exemption provided by the Kentucky Open Records In response to a follow up question regarding if of $237 per year, which is generally reached when an Act under which every other state agency operates. TRS and KRS had common investments and reporting account reaches $125,000. KDC is administered under These protections are still in place and do not require of fees, Mr. Barnes stated that he believes they may the direction of a seven member Board of Trustees TRS to disclose anything that would compromise have one common investment. He stated that TRS and an Executive Director that meets quarterly. their ability to invest. does not report this investment as the manager has KDC has been in existence since 1975, when Mr. Barnes pointed out that the majority of informed them it is proprietary. it began offering a 457(b) plan and introduced contracts that are not posted online are related Senator Higdon noted much of the public a 401(k) and IRA plan in 1986. He reviewed the to general partnership contracts. He agreed that, perception regarding plan underfunding had been maximum amounts a participant could defer for each technically speaking, the Auditor’s report that 81 directed at the General Assembly and lack of funding. of the plans along with the tax treatment. Currently, percent of the system’s contracts were missing from He referenced a study provided by actuary Flick approximately 75,000 members are participating, the the website was correct, but stated those contracts only Fornia that reported underfunding had accounted for assets under management total just over $3 billion, represented 11 percent of assets under management. about 20 percent and asked Mr. Barnes to comment. and the average account balance is $39,900. He noted If TRS were to post all contracts, they would expose Mr. Barnes stated that the report had been conducted that Nationwide Retirement Solutions provides $20 billion of assets to litigation risk. some time ago and he could not remember the recordkeeping, marketing, and communications In response to a question from Senator Higdon timeframe nor the other factors. Mr. Eager stated that services for KDC, and they are supported by a KDC regarding who had access to unredacted contracts, KRS staff had performed a similar calculation and administrative staff of 16. Mr. Barnes stated that all contracts are available stated that if KRS had received the full ARC for all Mr. Biddle discussed the various investment unredacted for review by the Government Contract periods and invested that money, the KERS would be options provided and noted that participants elect Review Committee, the Auditor, and other Executive about 32 percent funded. their own investments from a list approved by the Branch offices. Mr. Jefferson commented that in the investment Board. Currently, KDC offers over 20 investment Mr. Barnes continued and referenced contracts community today, carried interest is considered a options and participants can invest by self-selection, that were online, but redacted, and the auditor’s fee. In response to a question from Mr. Jefferson target retirement date funds, or managed account finding that staff was redacting language above and regarding carried interest, Mr. Barnes confirmed services. He provided a chart of the investment beyond what the underlying manager requested. TRS is not reporting their carried interest in their options across each of the three structures. The finding was accurate, and staff had redacted Comprehensive Annual Financial Report. In Mr. Biddle discussed recent initiatives of any information that was deemed proprietary or response to a follow up question regarding whether or KDC and referenced an effort to coordinate with compromised their ability to invest, which includes not the law explicitly states carried interest should be the Kentucky Personnel Cabinet in 2016 to provide the method by which TRS calculates fees. reported, Mr. Barnes referenced the notwithstanding benefits to employees as one total benefits package. He Additionally, Mr. Barnes discussed the audit language in subsection 5 of KRS 161.250, which states noted that working in concert with other personnel finding related to the system not disclosing contact TRS does not have to disclose information that is agencies to utilize shared information, message information for fund of fund managers as required by proprietary or, if disclosed, would compromise their coordination, and unity of purpose had increased SB 2. TRS does disclose the fund of fund managers, ability to invest. In response to a follow up question awareness and participation. but stated that the managers did not want competitors regarding if TRS reconciles the carried interest Next, Mr. Biddle explained the auto-enroll to know the underlying funds or investment strategy, calculations, Mr. Barnes stated that a reconciliation program. In 2019, legislation was passed to so, staff did not report that information. He referenced process is performed quarterly. automatically enroll all new state employees hired the statutory protection language again as staff’s Representative Miller expressed a desire for staff after July 1, 2019, into the KDC 401(k) plan. The reasoning for not reporting. to work on providing a report on these issues so that based deferral is $15 per pay or $30 per month and Next, Mr. Barnes began to address the audit the PPOB can consider them for their annual list of the funds for the first 90 days are held in a fixed reports finding with regards to TRS not reporting recommendations to the General Assembly approved contract fund, while assets of any future contributions carried interest. Mr. Barnes provided a short each December. For example, what changes need to are invested into the Vanguard Target Retirement description of what carried interest was and provided be made regarding carried interest so all the state’s Fund most appropriate to a participant’s age after a scenario that served as an example. TRS does not plans can report and treat these fees exactly the same the initial 90 day period. Mr. Biddle outlined the consider carried interest a fee, because TRS, never way. He asked staff to look at other states and plans, rights provided to new employees, which included had a right to the percentage of profit assigned to such as CalPERS, Wisconsin, South Dakota, and contributing more than the initial $30 per month, the general partner. Again, he invoked statutory Tennessee and see how they are treating and handling designating beneficiaries, and the option to terminate protection language as the reason for not reporting. carried interest. contributions at any time. Mr. Biddle noted all new Senator Higdon commented that the intent of In response to a question from Senator Higdon, enrollees had 90 days to remain in the plan or opt out. SB 2 was to have each of the systems all reporting Mr. Barnes stated that before reporting, TRS looks at The auto-enrollment options include claiming on a similar basis and that he would like to see the state laws, administrative regulations, and strategies a retirement savings contribution credit, a choice of systems work together, along with legislators, so that for implementing investment policy, which is investment options the KDC plan offers, being able the Auditor’s next report shows full compliance. approved by the board. TRS also looks at SB 2 for to change their investment options any time, and In response to a question from Senator Higdon transparency requirements, and written policy. choosing a ProAccount, which is a managed account regarding if TRS had lost investment operations, Mr. Kentucky Public Employees’ Deferred service. Barnes stated that TRS had four investment managers Compensation Authority Update on Auto Mr. Biddle stated that their average enrollment that decided to decline opportunities due to SB 2, Enrollment goal per month is around 500. In September 2019 however with the passage of HB 489, TRS was able to Chris Biddle, Executive Director, began there were 431 participants auto enrolled. With over reconnect with two of those managers. his presentation by stating that the Kentucky 1,000 auto enrollments since July 2019, there have In response to a question from Senator Higdon Deferred Compensation (KDC) Authority is the been only six participants that have filled out the form regarding some fee cap language included in TRS official supplemental retirement program servicing to opt out. contracts, Mr. Barnes stated that fees are limited to an employees of the Commonwealth, public education, In response to questions from Senator Higdon, amount based on a percentage, for example, of assets and local programs and is authorized by KRS Mr. Biddle stated in regards to their returns, within under management. He stated that if TRS receives 18A.230-18A.350. He noted that KDC is self-funded, the 90 day period, the fixed contract was about 2.32 bills that may perhaps exceed the agreed upon limit, receives no general fund revenue, and costs nothing percent. In regards to year-to-date average earnings,

THE KENTUCKY GENERAL ASSEMBLY 21 Mr. Biddle stated in general the assets continue to the Finance and Administration Cabinet, with the an on-site storage facility. trend upward. Commonwealth Office of Technology reporting The third project is the $1,226,830 Kentucky In response to a question from Mr. Jefferson, Mr. independently; and postsecondary institutions Transportation Cabinet, Bullitt County Welcome Biddle stated that the construction of the investment managing their own capital construction under Center project, funded with 80 percent federal funds process that KDC provides for their participants KRS 164A.580 transmitted quarterly capital projects and 20 percent from the road fund, that includes starts with the Board of Trustees and an investment implementation status reports. underground plumbing, window, and flooring subcommittee that meets quarterly along with Pursuant to KRS 45.760(9), the Administrative replacement; front lobby vending area and restroom outside consulting. Mr. Biddle stated that there is also Office of the Courts; the Office of State Budget renovations; and landscaping. an annual due diligence that KDC executes with their Director; and postsecondary institutions managing Representative Thomas said that he was glad record keeper along with the fixed contract fund. their own capital construction under KRS 164A.580 that the new bridge would be constructed at a higher In response to a question from Senator Higdon, transmitted annual reports detailing the financial height than the original one. Mr. Biddle stated that KDC services are also available status of open capital projects as of June 30, 2019. Senator Girdler moved to approve the three new to the school districts and county employees, but with Those reports are available on the committee’s projects, seconded by Representative Sheldon, and less participation. webpage. approved by unanimous roll call vote. With no further business, the meeting was Pursuant to KRS 45.810(6), the Office of Ms. Tomes next reported two pool allocations. adjourned. Financial Management submitted the annual report The first was for the $1.779 million Finance and of debt principal outstanding as of June 30, 2019 Administration Cabinet, Department for Facilities CAPITAL PROJECTS AND BOND on behalf of state entities, including postsecondary and Support Services (DFSS) Central Lab Boiler institutions, authorized to issue debt. Replacement project, replacement of the boilers OVERSIGHT COMMITTEE Pursuant to KRS 45.812(1), the Monroe County at Central Lab plant building in Frankfort. The Minutes and Robertson County school districts reported allocation is from the bond-funded portion of DFSS’s October 15, 2019 upcoming bond issues to finance new projects for 2018-2020 maintenance pool. Call to Order and Roll Call which no tax increases were necessary. The second was for the $1,792,753 DMA The Capital Projects and Bond Oversight Pursuant to KRS 56.863(11), the Kentucky Leitchfield Readiness Center Assembly Hall Addition. Committee meeting was held on Tuesday, October Asset/Liability Commission transmitted, through The $135,500 design portion has a 75 percent 15, 2019, at 1:00 PM, in Room 169 of the Capitol the Office of Financial Management, its semi-annual federal/25 percent state split and the $1,657,253 Annex. Representative Walker Thomas, Chair, called report. construction portion has a 50 percent federal/50 the meeting to order, and the secretary called the roll. Lease Report from the University of Louisville percent state split. The allocation is from the federal Present were: Dr. D’Ambrosio submitted a new lease for and bond-funded (state) portion of DMA’s 2018-2020 Members: Senator Rick Girdler, Co-Chair; the University of Louisville on behalf of the Trager Armory Modernization Pool. Representative Walker Thomas, Co-Chair; Senator Institute/Republic Bank Foundation Optimal Aging Lease Report from the Finance and Christian McDaniel; and Representatives Steve Clinic. The Trager Institute is a healthcare research Administrative Cabinet Sheldon and Maria Sorolis. and workforce training institute with a primary Representative Sheldon moved to roll the three Guests: Dr. Joseph D’Ambrosio, Director of care and specialized geriatric medicine clinic. The lease renewals into one roll call vote, seconded by Health Innovation and Sustainability, University of institute operates in rural communities of the state Senator Girdler, and approved by voice vote. Louisville Trager Institute/Republic Bank Foundation and utilizes two large Health Resources and Services Mr. Aubrey submitted three lease renewals Optimal Aging Clinic; Bobbi Carlton, Lease Administration to train a geriatric workforce, about under the same terms and conditions. The first was for Administration Manager, University of Louisville; 1,200 to 1,500 students per year. The institute has 40 the Unified Prosecutorial System in Fayette County; Janice Tomes, Deputy State Budget Director, Office students embedded within the practice training to 12,072 and 600 square feet of office and storage space of State Budget Director; Scott Aubrey, Director, provide coordinated care. at $9.24 and $2.50 per square foot costing $113,045 Department for Facilities and Support Services, Representative Sorolis moved to approve the annually, through June 30, 2021. Division of Real Properties; Donna McNeil, Executive new lease, seconded by Representative Sheldon, and The second was for the Department of Juvenile Director, Kentucky Infrastructure Authority; approved by unanimous roll call vote. Justice in Franklin County; 19,536 square feet of Lisa Beran, Interim Executive Director, Kentucky Project Report from the Finance and office space at $9.41 per square foot costing $183,834 Housing Corporation; Tracy Thurston, Managing Administration Cabinet annually, through June 30, 2021. Director, Multifamily Programs, Kentucky Housing Senator McDaniel moved to roll the three The third is for the Department of Workforce Corporation; and Ryan Barrow, Executive Director, new projects into one roll call vote, seconded by Investment in Franklin County; 14,645 square feet of Office of Financial Management. Representative Sheldon, and approved by voice vote. office space at $7.80 per square foot costing $114,231 LRC Staff: Katherine Halloran, Committee Staff Ms. Tomes submitted three new projects. The annually, through June 30, 2025. Administrator; Julia Wang, Legislative Analyst; and first was the federally funded $1,527,681 Department In response to Representative Thomas, Mr. Jenny Wells Lathrem, Committee Assistant. of Military Affairs (DMA), Wendell H. Ford Regional Aubrey said that many lessors are renewing for one Representative Thomas opened the meeting by Training Center (WHFRTC) Bridge project in year, possibly due to a one versus five or six year inviting members, staff, and guests to join him in Greenville, the construction of a new bridge over amortization for any lessee requested improvement reciting the Pledge of Allegiance. Kentucky Highway 181 connecting WHFRTC costs. Approval of Minutes (September 17, 2019) property on both sides of the highway in Greenville. In response to Senator McDaniel, Mr. Aubrey Representative Sheldon moved to approve The new bridge will replace the narrow, one-lane said that many leases in Franklin County were the minutes of the September 17, 2019 meeting. existing bridge that cannot accommodate the daily originated 20 to 30 years ago and are renewed at lower Representative Sorolis seconded the motion, and the military traffic. rental rates, the reason for the $7.16 per square foot committee approved the minutes by voice vote. The second was the federally funded $1,010,365 county average for commonwealth leased space in Information Items DMA Unheated Storage and Paint Booth Combined Franklin County. Franklin County leases originated Ms. Halloran referenced six information items. Support Maintenance Shop project in Richmond, the within the last four to five years are around $10 to The University of Louisville reported a consolidation construction of a 4,000 square foot building to relieve $11 per square foot. The 300 Building’s, on Sower of project agency bond authorizations for two the operational deficiencies for equipment storage in Boulevard, rental rate is higher than the $10 to $11 residence halls under the Belknap Campus New the Richmond field maintenance shop and installation range, as it was a built-to-suit project. Moving state Residence Halls project umbrella. of an efficient paint booth in the bay additional area. agencies from the Buffalo Trace complex, some of Pursuant to KRS 26A.168(1), KRS 45.793, and Currently, the field maintenance shop does not have which ended up in the 300 Building, increased the KRS 45.818, the Administrative Office of the Courts;

22 2019 Interim LEGISLATIVE RECORD state’s overall annual leasing costs. Mr. Aubrey said the Regional Water Resource Agency in Owensboro, requested a $910,000 Fund A planning and design that he would provide the state’s projected further Daviess County, for the Max Rhoads Wastewater loan for the Nicholasville Wastewater Treatment Plan overall annual leasing cost increases over the next Treatment Plant UV Project. Expansion project. The loan will finance a facility plan biennium. Mr. Aubrey expected rising costs due to KIA plans to complete conversion of its loan to increase the wastewater treatment plant’s design state agencies’ occupancy of the Mayo-Underwood tracking from spreadsheets to an electronic database capacity. The average daily flow for the past year has Building, another built-to-suit project. by the end of December, ensuring execution of exceeded the plant’s design capacity, with peak flow Senator McDaniel moved to approve the three assistance agreements after committee approval. over five times the design capacity. For 4,000 gallons, lease renewals, seconded by Representative Sheldon, For the current funding cycle, KIA will have effective September 1, 2019 the inside and outside and approved by unanimous roll call vote. 25 loan requests totaling $55.7 million, with $4.3 city sewer rates are $25.75 and $37.29 and, effective Report from the Office of Financial million in principal forgiveness, from the Drinking August 1, 2019, the inside and outside city water rates Management Water State Revolving Fund (DWSRF) program and are $22.97 and $33.37. The term is five years at a 2.5 Kentucky Infrastructure Authority 32 loan requests totaling $73 million, with $6 million percent interest rate. Ms. McNeil spoke about KIA’s initiatives. in principal forgiveness, from the Clean Water State The City of Lebanon, Marion County, requested She referenced her demonstration of KIA’s Water Revolving Fund (CWSRF) program. KIA plans a $1,855,457 Fund F loan increase, for a total loan Resource Information System (WRIS) dashboards, submittal of the drinking and clean water loans to the amount of $4,497,137, for the Lebanon Water accessed through the WRIS portal on KIA’s website, committee by June 2020. Works System Improvements project. The city during the committee’s April 2019 meeting. Three The 2021 Call for Projects is open for the DWSRF realized the need for the increase during the design dashboards display Kentucky’s water and wastewater and CWSRF programs from October 14 through phase of the project and the additional items are to infrastructure state and federal funding requests December 16. KIA anticipates funding of $30 million further improve water quality and energy efficiency. over the next 20 years totaling $4.94 billion for 2,746 for DWSRF and $75 million for CWSRF projects. Construction includes replacing about 22,000 linear projects, $2.26 billion for 1,603 drinking water projects Several governmental agencies have asked about feet of two, four, and six inch cast iron mains with six and $2.68 billion for 1,143 wastewater projects. For gas transmission project funding. However, Fund B inch polyvinyl chloride pipe in the western section of 954 of those projects, funding requests total $2.5 program funds are limited. KIA plans to present a the city and various upgrades and modifications to billion over the next two years. Two dashboards, one $596,000 loan application to its Board in November the water treatment plant. The loan amount reflects of which is optimized for phone or tablet use, filter for a gas transmission project, co-funded with a $1.5 the final bid for this project. For 4,000 gallons, by region. Users can filter down as far as the 15 Area million U.S. Economic Development Administration effective July 8, 2019, inside and outside city water Development Districts (ADD), the community, or (EDA) grant, in an Eastern Kentucky industrial park. rates are $26.19 and $28.82. The term is 30 years at a even the project. The third dashboard allows users Also, in support of a $5 million KIA loan request, KIA 0.5 percent interest rate. to filter by Senate or House Legislative District. The received a preliminary engineering report for a $7.7 Senator McDaniel thanked KIA, being a vital WRIS is recognized nationally as a transparent water million Northern Kentucky natural gas expansion organization of the commonwealth as there are few and wastewater planning database, with dynamic, real project. Co-funding is anticipated from EDA and policies that do not involve finance, for its ongoing time information. Consistent with KRS 224A.300, local funds. If KIA commits to funding this project, work. He appreciated KIA’s generation of policy ADD staff compile and update planning information then there will be no available Fund B program funds ideas and its transparency. The committee sees the through a contract with KIA and prepare projects through next year. With aging gas infrastructure, KIA final loan analysis versus KIA’s operational work and for review and approval by the Water Management anticipates more Fund B program gas transmission interaction with the local community during the loan Planning Councils as established under KRS 151.601. project loan requests. submittal process. In July, the Environmental Systems Research Representative Thomas thanked Ms. McNeil Senator McDaniel moved to approve the Fund Institute (ESRI) presented KIA staff with a Significant for her hard work and congratulated her on the SAG A loans and the Fund F loan, seconded by Senator Achievement in GIS (SAG) award at its annual user award, commenting that she was a pioneer and that Girdler, and approved by unanimous roll call vote. conference in San Diego. imitation was the best form of flattery. Kentucky Housing Corporation KIA included a $25 million request for the next Ms. McNeil said that the WRIS project has Ms. Beran gave an overview of the Kentucky three biennial budgets in its six-year capital plan been continuing for over twenty years and that KIA, Housing Corporation, the state’s housing finance to recapitalize the Infrastructure Revolving Fund constantly looking to improve its processes, wishes agency created in 1972 with enabling legislation. (Fund B) program to help meet the funding requests, to make it better with more transparency for future KHC is a quasi-governmental, de jure municipal targeting communities with water loss, failing generations. corporation administratively attached to the Finance infrastructure, or unsustainability. Senator McDaniel moved to roll the CWSRF and Administration Cabinet. Its board is comprised In November, KIA staff will be presenting the (Fund A) loans and the DWSRF (Fund F) loan of five ex-officio state government officials and ten WRIS and internal loan processes at the Council of into one roll call vote, seconded by Representative private members appointed by the Governor. KHC is Infrastructure Financing Authorities State Revolving Sheldon, and approved by voice vote. self-supporting, primarily through selling mortgages Fund Workshop. Ms. McNeil conducted a webinar Ms. McNeil submitted three KIA loan requests. in the secondary market. KHC does receive a portion with the same information for Tennessee’s SRF The City of Burkesville, Cumberland County, of county clerks’ recording fees for the Affordable director and staff. Tennessee is in the planning stages requested a $2,831,370 Fund A loan, which includes Housing Trust Fund, which it administers throughout of designing a database, with Florida and Georgia the $251,000 previously approved planning and the state on a competitive basis. also expressing interest, similar to the WRIS. During design loan, for the construction portion of its Ms. Beran highlighted KHC’s business areas. a conference call, U.S. Environmental Protection Wastewater Treatment Plant Improvements project. KHC acts as a mortgage company, albeit servicing Agency Region 4 enforcement staff referenced the This funding package also includes $1,000,000 rather than originating mortgages targeting first- WRIS as it has information on whether a utility is each in principal forgiveness and a Community time buyers through its lending partners. KHC has under enforcement action and if the utility either has Development Block Grant. The project will upgrade Specialized Housing Programs, executed through a project underway to address the enforcement action several treatment plant components to meet current its Housing Contract Administration, for homeless or declined a KIA loan invitation, often due to lack of regulatory requirements and includes equipment, shelters and other specific non-profit housing needs. funds, for a project. electrical, and process improvements. For 4,000 That department manages most of the statewide, Three years ago KIA started giving H2O Awards gallons, effective October 19, 2018, the sewer rate is competitive programs financed by the federal for completed drinking and clean water projects. This $32.62 and, effective October 19, 2018, the inside and government. KHC administers Department of year’s drinking water and clean water recipients were outside city water rates are $31.41 and $45.83. The Housing and Urban Development funding, except the City of Fleming-Neon, Letcher County, for the term is 30 years at a 0.5 percent interest rate. for Community Development Block Grants, working Fleming-Neon-Water Treatment Plant Upgrade and The City of Nicholasville, Jessamine County, with non-profits and other partners statewide. KHC

THE KENTUCKY GENERAL ASSEMBLY 23 operates Section 8 and project-based rental assistance proceeds and the total project cost will be $15 million PUBLIC WATER AND as well as rental housing production programs in and over $26 million. counties that do not have their own housing authority, The second was the KHC Tax-Exempt Conduit WASTEWATER SYSTEM including those with a housing authority in the main Multifamily Housing Revenue Bonds (Volunteer INFRASTRUCTURE TASK FORCE city, currently 118. Management and Development Portfolio II), Series Minutes of the 4th Meeting Ms. Beran referenced the fiscal year 2019 2019. The portfolio is eight properties in six counties. of the 2019 Interim impact to families and individuals on the last page The net proceeds and the total project cost will be October 23, 2019 on the handout and Ms. Thurston gave an overview $12.8 million and over $34 million. Call to Order and Roll Call of the multifamily rental housing programs. KHC’s Senator Girdler moved to approve the two new The 4th meeting of the Public Water and largest resource for the preservation of existing or conduit debt issues, seconded by Representative Wastewater System Infrastructure Task Force was development of new multifamily affordable housing Sorolis, and approved by unanimous roll call vote. held on Wednesday, October 23, 2019, at 1:00 PM, is the nine percent low income housing tax credit Previous Debt Issues in Room 131 of the Capitol Annex. Senator Phillip (LIHTC). The LIHTC program is oversubscribed with Mr. Barrow reported two previous debt Wheeler, Chair, called the meeting to order, and the KHC receiving two to three times more applications issues. The first was the KHC Tax-Exempt Conduit secretary called the roll. than the annual state LIHTC allocation, based upon a Multifamily Housing Revenue Bonds (McDeane Present were: per capita amount, available to developers. Therefore Apartments), Series 2019 to finance 198 units in Members: Senator Phillip Wheeler, Co-Chair; KHC has redirected its bond volume under the annual Louisville. The issue sold September 11 with net Representative Jim Gooch Jr., Co-Chair; Senator private activity bond volume cap from tax-exempt proceeds of about $18 million for a total project cost Robin L. Webb; Representatives Derek Lewis and debt for single family loan originations towards tax- of $33.5 million. Ashley Tackett Laferty; Michael Burress, David Farrar, exempt conduit multifamily housing debt. KHC The second was the Eastern Kentucky University Mike Gardner, Peter Goodmann, John Holiday, Gary will issue tax-exempt conduit debt on behalf of General Receipts Refunding Bonds, 2019 Series A Larimore, Donna McNeil, and Brian Traugott. multifamily housing developers who will then receive that sold August 27. The current refunding generated Guests: Greg Heitzman, PE, MBA, BlueWater a four percent credit, which does not count against $588,000, or 10.3 percent, in net present value savings. Kentucky, Mike Gardner, Water/Wastewater Systems the state’s annual LIHTC allocation, under certain The double digit percentage savings are due to low Manager, Bowling Green Municipal Utilities, Annette thresholds. Multifamily tax-exempt conduit debt is supply and historically low rates and refundings may Dupont-Ewing, Executive Director, Kentucky best for projects of at least one hundred units, some generate about three percent net present value savings Municipal Utilities Association, Michael J. Schmitt, of which will have up to 500 units. In rural areas, when rates return to normal. Chairman, Kentucky Public Service Commission, developers will often combine small projects to make School District Bond Issues with School and Gary Larimore, Executive Director, Kentucky the debt issuance financially feasible, such as one of Facilities Construction Commission Debt Service Rural Water Association. the debt issues submitted today for eight projects. Participation LRC Staff: Stefan Kasacavage, Janine Coy- Over the last two years, KHC was able to double the Senator McDaniel moved to roll the six school Geeslin, Tanya Monsanto, and Susan Spoonamore, multifamily housing production amount with tax- district bond issues into one roll call vote, seconded Committee Assistant. exempt debt transactions. by Representative Sheldon, and approved by voice The September 18, 2019, minutes were approved Representative Thomas mentioned a mortgage vote. by voice vote, upon motion made by Representative broker who had done 110 KHC down payment Mr. Barrow submitted four school district Gooch and seconded by Representative Tackett assistance transactions, which was helping the local bond issues with School Facilities Construction Laferty. community. Representative Sheldon mentioned Commission (SFCC) debt service participation for Kentucky Water Infrastructure Challenges that he utilized KHC forty years ago as a first time new projects in the Kenton County, Knott County, and Solutions homebuyer and also expressed appreciation for Science Hill Independent (Pulaski County), and Mr. Greg Heitzman, PE, MBA, BlueWater KHC’s work. Union County school districts with a total anticipated Kentucky, stated that he is expressing his own opinion. Ms. Beran said that KHC will celebrate its 50th issuance amount of $22.36 million; 26 percent SFCC Kentucky is ranked “mediocre” for drinking water anniversary in 2022 and that she would provide funds and 74 percent local funds. No tax increases and wastewater infrastructure. There are 435 public contact information for KHC’s housing constituent were necessary to finance the projects. Mr. Barrow water systems, 213 water treatment plants, 1,842 water referrals designee. also submitted two current refunding bond issues storage tanks, 58,783 miles of water mains, and an Office of Financial Management for the Leslie County and Paintsville Independent estimated 25,000 lead pipe service lines However, the New KHC Conduit Debt Issues (Johnson County) school districts with an anticipated approximately 300 small water systems account for Senator McDaniel moved to roll the two new issuance amount of $2.6 million; 35.3 percent SFCC most of the present challenges. Roughly, 60 percent KHC conduit debt issues into one roll call vote, funds and 64.7 percent local funds. of Kentucky’s population has access to wastewater seconded by Representative Sorolis, and approved Senator McDaniel commented on Kenton treatment, but the rest are private wastewater systems by voice vote. Before submitting the two new KHC County’s local effort for its security improvements, or illegal straight pipes. Most Kentuckians have conduit debt issues with October 31 projected sale $15.9 million local funds and $1.6 million SFCC affordability issues when water and wastewater rates dates, Mr. Barrow said that if KHC were to resume loan funds, with respect to funding Senate Bill 1 which rise. originations, then OFM would assist in the selection passed earlier this year. The top challenges for water and wastewater of the financing team as well as other aspects of the Senator Girdler moved to approve the school systems are: compliance with regulations, aging non-conduit debt issuance for financing the loan bond issues, seconded by Representative Sorolis, and infrastructure, infrastructure funding, consumption originations. KHC’s can use a portion, obtained via approved by unanimous roll call vote. and rates, water loss, retiring workforce, and application process, of the state’s private activity bond Representative Thomas announced thelack of business planning and best practices. allocation, capped at $105 per citizen, for both conduit remaining 2019 meeting dates: Thursday, November Recommendations for improving Kentucky’s water and non-conduit debt. Neither the Commonwealth 14, 2019, Senator Girdler, chair; and Tuesday, systems include: continuing the Kentucky Drinking nor KHC is responsible for repayment of the debt December 17, 2019, Representative Thomas, chair. Water and Clean Water Advisory Councils; enhancing service for KHC conduit bond issues. With there being no further business the water planning; leveraging federal funds with state For this month, KHC’s first conduit debt meeting adjourned at 1:54 p.m. funding; establishing an annual $50 million Kentucky submittal was the KHC Tax-Exempt Conduit Water Infrastructure Fund; developing Kentucky Multifamily Housing Revenue Bonds (Abel Court uniform water/wastewater performance criteria and and Dudley Court), Series 2019 to finance 48 units rating system; creating financial incentives; adopting in Bowling Green and 96 units in Paducah. The net full cost pricing of water using industry standards;

24 2019 Interim LEGISLATIVE RECORD adopting industry standards for water audits and other agencies. In addition, there are several experts debatable if Martin’s County’s water quality was loss control programs; establishing Centers for who sit on the Utilization Management Planning improving or that the district had made great Excellence in Water; conducting state-wide studies Councils that provide assistance to communities. All improvements. New water commissioners are doing on water loss; addressing lead service; examining ADDs have a certified grant administrator who offers the best under a bad situation. During seven months system interconnections and affordability for low/ writing assistance. of 2019, the district lost $292,000, and expenses fixed income households; revise administrative Kentucky Public Service Commission were $40,000 more a month than revenues. Martin regulations; and requiring systems to prepare a 10 Mr. Michael Schmitt, Chairman, Kentucky County’s water loss was 67 percent in May 2019, and year capital improvement plan for asset management Public Service Commission (PSC), explained that Martin County needs a manager who is capable of and infrastructure renewal. the mission of the PSC is to foster the provision of doing the job. In response to Senator Wheeler, Mr. Heitzman safe and reliable service at a reasonable price to the In response to Senator Wheeler, Mr. Schmitt stated he has been working with Martin County for customers of jurisdictional utilities, while providing said that Martin County had been permitted funds three years. There are limited resources to help with for the financial stability of those utilities. The PSC to hire a manager, but the position remains open infrastructure. Drinking water is in compliance with also supports their operational competence by and they have not performed requested audits. Their regulations, but out of compliance for disinfection overseeing regulated utilities. wastewater system has never had an audit. by-products. Affordability is a huge issue. Even with There were a number of water districts In response to Senator Wheeler, Mr. Schmitt $8.5 million in grants, there is still much to be done, experiencing excessive water loss, but the problem said that the Martin County Water District had a debt and water projects will take several years to complete. had not been seriously addressed. A loss of 15 of over $1 million under previous water commission Current water board members are resolved to make a percent or more cannot be recovered in rates or be boards. positive difference. applied to replace infrastructure. The PSC began In response to Representative Tackett Laferty, Kentucky Municipal Utilities Association redirecting money through surcharges to be used for Mr. Schmitt said that a surcharge would pay for the (KMUA) infrastructure replacement. However, many systems new meters installed for the Southern Water District. Mike Gardner, Water/Wastewater Systems in eastern Kentucky will still have insufficient revenue Once the new meters are paid for, the surcharge Manager, Bowling Green Municipal Utilities agrees to solve the infrastructure problem. Much of the would go away. that affordability is a very important issue. Even unaccounted water loss is because the meters are not Kentucky Rural Water Association though Kentucky has been successful in providing operating properly, theft, or old pipelines that leak. Mr. Gary Larimore, Executive Director, good drinking water and extending water across the The PSC opened an investigation into 11 water Kentucky Rural Water Association (KRWA), said that state, $14.5 billion is needed over the next 20 years to utilities with consistent water loss of over 35 percent. their recommendations are: extend the work of the fix infrastructure. KMUA recommends establishing The PSC already had an open investigation involving Task Force; establish a uniform evaluation process to a Utility Taskforce to support sustainability of Martin County whose water loss rose to 71 percent. identify public water and wastewater utilities that lack Kentucky’s water and wastewater infrastructure. Investigations revealed that local politicians refused technical, managerial and financial expertise; identify There should be annual audits, best management to consider unpopular rate increases, and there are no the needs of marginal utilities; provide resources practices, and rate making practices for all systems. training or best management practices in place. for implementation of action plans; require annual A Board of Public Utility experts should be created Water loss can result in the loss of large sums reports; explore a hybrid regulatory oversight process to conduct formal reviews of distressed systems, of money. The study showed water loss for Big Sandy that is a mix between Tennessee and Kentucky; and a Revitalization Fund should be established as Water District and Rattlesnake Ridge Water District encourage training for all board/commissioner/ part of an allocation of $25 million per year for four were $519,569 and $904,677 respectively. For the decision makers including county and city appointing years from the General Fund. Also, a sustainability most part, the list of water districts with high total risk officials; develop a loan fund; and enhance the water program should be established that can funded by factors are located in eastern Kentucky. The highest resource information system (WRIS). new operating permit fees for water/wastewater water utility customer rates are North Hopkins at Mr. Larimore said one problem with requiring systems. $65.52, Rattlesnake Ridge at $62.52, and Breathitt annual reports for all utilities is the fact that there is In response to Mr. Traugott, Mr. Gardner said it County at $58.91. no regulatory accountability and follow-up. Other is important to maintain local control. In response to Representative Tackett Laferty, recommendations included implementing regular In response to Ms. McNeil, Mr. Gardner Mr. Schmitt said that Southern Water District came rate reviews, rate indexing non-revenue water cost stated the overlap between agencies should be to the PSC asking for a rate increase, but Southern indexing, and exploring emergency intervention streamlined so they can work more efficiently. The had no records on which to base the rate. Upon methods. Area Development Districts (ADDs) have a role, but investigation, the PSC found 750 water meters that Representative Gooch said it would be hard not all ADDs function equally. All utilities should read zero. Other meters were not being read at all, to find money for all the projects in Kentucky. review inventories and manage the operation and and there were at least 40 households who got water It is important for all the stakeholders and the maintenance of their infrastructure. but were not customers. Southern is doing a good job Energy and Environment Cabinet to establish a Ms. McNeil said that KIA has loan dollars for trying to get their system back into compliance, and workgroup to continue collaboration on issues and planning initiatives, capital improvement plans, water rates should go back down in about a year. recommendations instead of continuing with the and asset management plans. KIA also offers grant Mr. Schmitt said that the characteristics common Public Water and Wastewater System Infrastructure assistance for completing applications. among struggling water utilities include: inadequate Task Force. In response to Mr. Farrar, Mr. Gardner said that or inconsistent oversight and management, poor Mr. Bruce Scott, Deputy Secretary, Energy and privatization was not listed as a recommendation. financial and accounting practices, and detrimental Environment Cabinet (EEC) stated the cabinet would In response to Representative Tackett Lafferty, extraneous influences/local pressure. Potential welcome a workgroup setting with the intent of Mr. Gardner said that grant training is hard to solutions include: new or enhanced statutory or bringing needed legislation. The workgroup will not mandate. Most council members represent rural regulatory requirements; augmented regulatory be able to solve everything in one year; it will take districts and have limited time to devote, but on-line oversight; improved oversight and management several years to develop plans. training may be a possibility. of water utilities; and enhanced collaboration and Secretary Snavely, EEC, stated that the Ms. Dupont-Ewing said that if a work group is communication between the PSC, and the Division of information from the task force had set the basic established, it would take at least one year to put all Water, and other funding agencies. framework. For the future, the workgroup will need the information together and develop a plan to help Senator Wheeler expressed concerns with the to look at funding, maintenance of the systems, and systems with best management practices. tone of one of the PSC commission meetings with accountability. Mr. Burress stated that ADDs provide assistance water board officials. Senator Webb stated that a cabinet-led for loan and grant programs by working with KIA and In response, Mr. Schmitt stated that it was workgroup should have already been meeting. This

THE KENTUCKY GENERAL ASSEMBLY 25 Public Water and Wastewater Systems Infrastructure and career development, counseling and family need for single parents who are enrolled in full-time Task Force was created to identify problems in a advocacy, mentoring, financial education, youth post-secondary degree programs One way to gauge public setting, not in a back room, and should be literary initiatives, cooking classes, therapy for where there is a need is to partner with Kentucky continued as long as needed. children, and parenting classes. To remain eligible for Community and Technical Colleges (KCTCS) to offer Mr. Scott said that all workgroup meetings are the program, participants must maintain at least a 2.5 pre-program support to potential future participants open public meetings and are advertised. grade point average in their full-time post-secondary when they are registering for degree programs. Ms. Representative Gooch said that the Public Water education program and be working towards full-time Dykstra stated that the Family Scholar House would and Wastewater System Infrastructure Task Force was job placement upon graduation. The services offered like to begin partnering with KCTCS to make this a only authorized to meet through November. give participants the tools needed to transition off possibility for the future. Meeting adjourned. public assistance by being able to support themselves In response to questions and comments from and their children with livable wage employment, Bill Wagner, Ms. Dykstra stated that there is a need PUBLIC ASSISTANCE REFORM financial literacy, and the courage to ask for help to throughout the state for similar programming but get them to their goal. The Family Scholar House had expansion of the full-scale Louisville Family Scholar TASK FORCE 71 graduates in 2019, 502 degrees have been earned House model depends the availability on low-income Minutes of the 4th Meeting by graduates since they opened in 1995, 99 percent housing tax credits, low-income housing, low-cost of the 2019 Interim of mothers exit to stable housing, 81 percent to stable land, and funding. October 30, 2019 employment, 65 percent to continued education, In response to questions and comments Call to Order and Roll Call and 98 percent complete the program without a from Representative Webber, Ms. Dykstra stated The 4th meeting of the Public Assistance repeat pregnancy. The average matriculation rate that apprenticeship programs have been a great Reform Task Force was held on Wednesday, October for participants is three years to obtain an associate’s means to take a non-traditional student and get 30, 2019, at 11:00 AM, in Room 131 of the Capitol degree and six years to obtain a bachelor’s degree. them prepared for a skilled trade so they can fulfill Annex. Representative David Meade, Chair, called Entrance to the program is merit based and that their main goal at Family Scholar House which the meeting to order, and the secretary called the roll. participants must earn their way into the program is to be gainfully employed and self-sufficient. Present were: by showing dedication to obtaining a degree and Several of the apprenticeship programs Family Members: Senator Stan Humphries, Co-Chair; movement towards self-sufficiency. Scholar House graduates have participated in were Representative David Meade, Co-Chair; Senators In 2019, the Family Scholar House was awarded with the International Brotherhood of Electrical Whitney Westerfield; Representatives Nima Kulkarni the American Planning Association (APA) Housing Workers (IBEW) and other trade unions, Toyota, and Russell Webber; Elizabeth Caywood, and Bill and Urban Development’s (HUD) Secretary Award Ford, welding, and most recently, drone operation Wagner. for Opportunity and Empowerment, in addition, the apprenticeships. The participant would have to be Guests: Cathy Dykstra, Chief Possibility Officer, Scholar House became a HUD designated EnVision apprenticing full-time to meet the requirement of full- President & CEO, Family Scholar House; Kristina Center. EnVision centers are a federal demonstration time post-secondary degree obtainment status. Ms. Bryant, Graduate & Intern, Family Scholar House; program to reform government services to aid Dykstra stated that 12 percent of their participants are Douglas Beard, Director, Jessica Hinkle, Policy Americans in becoming self-sufficient. The long- enrolled in apprenticeship programs and the majority Development Branch, Division of Family Support, term goals of the program are to increase their reach (60 percent) of those participants are in healthcare Laura Begin, Legislative Staff Assistant, Department throughout the state with more growth in Family related degree programs. for Community Based Services; Barbara Ramlow, Scholar House affiliate programming. Kentucky In response to questions and comments from University of Kentucky Center for Drug and Alcohol has a unique opportunity to bring awareness to the Representative Kulkarni, Ms. Dykstra stated that site Research; Amanda Hall, ACLU of Kentucky; Amanda program, to single-parents living in poverty, and to selection factors in proximity to basic necessities like DuFour, The Well of Lexington. provide a model for solution. grocery stores, schools, mass-transit as well as the LRC Staff: Chris Joffrion, Hillary McGoodwin, price of the land. The minimum size of land needed and Sean Meloney. Kristina Bryant, a graduate of the Family Scholar for a Family Scholar House campus is three acres with Approval of Minutes House and an intern with the program, stated that the the maximum size being six acres. A motion to approve the minutes of the October Family Scholar House has been a life changing home In response to questions from Bill Wagner, Ms. 7, 2019 meeting was made by Representative Webber, for her. She obtained a Bachelor’s in Social Work Dykstra stated that Family Scholar House encourages seconded by Senator Westerfield, and approved by a while in the program and has returned to the Family their participants to take advantage of public assistance voice vote. Scholar House as an intern and mentor while she programs that are available to them as a stop-gap Family Scholar House: A Comprehensive works towards her Master’s in Social Work from the as they work toward their goal of transitioning off Approach Toward Independence University of Louisville. Ms. Bryant stated that being assistance. The average length of time a participant is Cathe Dykstra, Chief Possibility Officer, around women who wanted to be in the program, on public assistance while in the program is 3.5 years. President and CEO of Family Scholar House stated who worked hard, and who were in school to become Ms. Dykstra stated that participants are required to that the mission of Family Scholar House is to end doctors, lawyers, and nurses gave her the drive to save a minimum of $10 a month in their “future fund” the cycle of poverty and transform communities better her life for her and her daughter. Ms. Bryant’s and participate in financial literacy tutoring while in through education, affordable housing, career daughter is thriving in school and has benefited from the program. development, and supportive services. Participants in the numerous programs that the Family Scholar In response to questions and comments from the Family Scholar House program must be single- House has for children. Representative Jenkins, Ms. Dykstra stated that the parents, enrolled in a full-time post-secondary In response to questions from Senator program is dependent on donations for basic living education programs or full-time work apprenticeship Humphries, Ms. Dykstra stated that there are 791 supplies like diapers, toilet paper, paper towels, program. The Family Scholar House has 5 campuses families and 1000 children on the Family Scholar light bulbs and participants use their Supplemental in Louisville, with 247 single-parents and 365 House waiting list in Louisville. There have been Nutrition Assistance Program (SNAP) funds for food. children in residence and 3,500 active non-residential 4000 families including 5000 children identified as The Scholar House is reliant on a strong community participants. In Kentucky, 42 percent of single potential participants but are not on the waiting list partnership to ensure that the basic needs of the parent households are in poverty and 49.5 percent of for the Louisville campuses. In Northern Kentucky, participants are met. Ms. Dykstra stated that one Kentucky adults who do not have a post-secondary the Family Scholar House has partnered with such community engagement program that benefits education live in poverty, contrasted by 4.5 percent of different entities to provide support for their 45 the participants immensely is the “adopt a family for adults with a bachelor’s degree live in poverty. apartment housing program that is not a full-scale Christmas” program where a participant makes a Ms. Dykstra stated that the Family Scholar Family Scholar House but is meeting a housing “Santa” list and the adopter of that family fulfills the House provides academic coaching, apprenticeship

26 2019 Interim LEGISLATIVE RECORD list for the participant’s family. programs to address substance abuse and treatment: Substance Use Screening of Public Assistance the National Governors Association Pilot Program EDUCATION ASSESSMENT AND Beneficiaries which develops and implements strategies to Laura Begin, Staff Assistant, Department of expand access to opioid use disorder treatment for ACCOUNTABILITY REVIEW Community Based Services, Division of Family justice-involved populations through drug courts SUBCOMMITTEE Support, spoke on the Personal Responsibility & and residential programs; Sobriety Treatment and Minutes Work Opportunity Reconciliation Act of 1996. The Recovery Team (START) program that integrates of the 2019 Interim Act allows states to deny assistance and benefits addiction services, family preservation, community October 17, 2019 for certain drug related convictions, and that an partnerships, and best practices in child welfare Call to Order and Roll Call individual convicted of a drug felony shall not be and substance abuse treatment; The Kentucky The meeting of the Education Assessment and eligible for TANF or food benefits, unless the state Strengthening Ties and Empowering Parents Accountability Review Subcommittee was held on adopts exceptions. KRS 205.2005 states that any (KSTEP) program provides services for families with Thursday, October 17, 2019, at 1:00 PM, in Room 129 public assistance recipient under Title IV of the children under age 10 at risk of entering foster care of the Capitol Annex. Senator Max Wise, Co-Chair, Federal Social Security Act. Any federal food stamp in which a parent has a substance use disorder and called the meeting to order, and the secretary called program recipient who has been convicted of a drug the Targeted Assessment Program (TAP) which uses the roll. felony after August 22, 1996 may remain eligible for Kentucky Opioid Response Effort (KORE) grant Present were: the program benefits if the recipient has been assessed money through Department of Behavioral Health Members: Senator Max Wise, Co-Chair; as chemically dependent and is participating in or (DBHDID). Representative Brandon Reed, Co-Chair; Senators has successfully completed a chemical dependency In response to questions and comments from Alice Forgy Kerr, and Mike Wilson; Representatives treatment program or is pregnant, and the recipient Senator Westerfield, Mr. Beard stated that in the TANF Tina Bojanowski, Regina Huff, and Steve Riley. is otherwise eligible. As of September 2019, a total of screening, self-disclosure is the number one way in LRC Staff: Joshua Collins, Yvette Perry, and 227,557 individuals received SNAP benefits and/or which the state finds out if there has been a previous Christal White. K-TAP, of which 8,357 (3.7 percent) individuals have drug related conviction, and pending cases are not Approval of Minutes a felony drug conviction. considered, because there has not been a conviction. On a motion by Representative Riley and a Ms. Begin stated that considerations must Mr. Beard stated that through the Commonwealth second by Representative Reed, the minutes of the be made when discussing drug screening public Office of Technology (COT), the state uses a company September 17, 2019 meeting were approved. assistance recipients because children will be impacted called Aperis which runs state-wide incarceration logs Teacher Shortages and Supports for New and this requirement could be another barrier for against the state’s Medicaid rolls to find matches and Teachers individuals to seek treatment for themselves and seek to determine ineligibility due to incarceration. COT Staff from the Office of Education Accountability, basic needs for their children. Concerns the Division then contacts the Department for Medicaid Services Dr. Bart Ligouri, Research Division Manager, and of Family Support has with screening of public and that person’s benefits are suspended. Mr. Beard Allison Stevens, Research Analyst, presented the assistance recipients are that identifying need is not stated that funding for substance use treatment for this committee report adopted for the 2019 OEA Research the same as treating it. The process would be a major population, often comes from Medicaid, and through Agenda. expense for minimal results. the KORE program’s Targeted Assessment Program Ms. Stevens provided an overview of teacher Douglas Beard, Director, Division of Family grant administered by the University of Kentucky. shortages and teacher turnover in Kentucky, Support, Department of Community Based Deputy Commissioner Caywood added that TANF including Career and Technical Education (CTE). Services stated that looking to other states that have funds cannot be used for medical treatment. The report examines teacher turnover rates by region, implemented drug screening of public assistance In response to questions and comments from district, school demographics, certification type, and recipients illustrated that the cost outweighs the Bill Wagner, Mr. Beard stated that the Division of the association between teacher turnover and student benefit. Arkansas had 19,228 total TANF recipients. Family Support does not support the addition of a outcomes. Data used in the compilation of the Five of the recipients were tested based on the drug screening component to public assistance and report was provided by the Kentucky Department of qualifying criteria of suspicion and/or prior drug feels that there is not data to support the outcome or Education (KDE), the Kentucky Center for Statistics, conviction, two tested positive, yet the cost the state justify the cost of implementation. Mr. Beard stated the Council for Post-Secondary Education (CPE), incurred was $32,506.65. Oklahoma had 13,361 total that the creation of more barriers is not the role of the and an OEA Principals Survey regarding teacher TANF recipients. 3,915 of the recipients were drug Division of Family Support. Mr. Wagner stated that shortages, turnover, and supports for new teachers. tested, 77 tested positive yet the cost for the state was he does not support the addition of a drug screening Teachers with emergency certificates and $50,294.48. Mr. Beard stated that in 1999, Michigan requirement. alternative certificates represent 3.9 percent of became the first state to implement suspicion less drug In response to questions from Representative Kentucky teachers and may underestimate overall testing for welfare recipients. In 2003, the U.S. Sixth Jenkins, Mr. Beard stated that there is not a state- teacher shortages. Emergency certificates are issued Circuit Court of Appeals upheld a federal district court issued list of qualified chemical dependency treatment when a district proves difficulty in hiring a qualified ruling that found Michigan’s law violated the Fourth facilities but that the Department for Behavioral candidate. Teachers with alternative certificate Amendment and was unconstitutional. Mr. Beard Health will report back with their approval criteria can be hired based on valuable work experience stated that in 2011, Florida passed a law requiring for treatment facilities in the state. and continued pursuit of a professional teaching suspicion less drug testing of all TANF applicants Public Comments certification without the requirement of proving and random drug testing of current beneficiaries. In Amanda Hall with the ACLU of Kentucky stated an unavailable, qualified candidate. Teachers with 2014, the U.S. Eleventh Circuit Court of Appeals held that as a convicted felon and person in recovery she alternative and emergency certificates help determine that Florida’s law violated the Fourth Amendment. cannot support drug-screening requirements for critical shortage areas but are not included in the Mr. Beard stated that before the court imposed an those on public assistance. Ms. Hall stated that it was number of out-of-field teachers or unfilled positions injunction in 2011, Florida implemented its rule for hard enough having to piece her life back together in Kentucky. Ms. Stevens suggested KDE may want four months and during that period, Florida found after prison and that having access to public assistance to consider publishing methodology and associated 2.6 percent of 4,000 applicants tested positive for helped her rebuild her life far sooner. She feels those data used to determine critical shortage areas and a controlled substance use. After the Court of Appeals with drug problems need more help and not more method to differentiate long-term vacant positions ruling, Florida settled with the recipients who were barriers. within the Kentucky Educator Placement System. tested prior to the injunction and the settlement cost Adjournment the state nearly $1 million. With there being no further business, the Prevalent teacher shortages exist in physics, Mr. Beard stated that Kentucky has several meeting was adjourned at 12:45pm. chemistry, transportation, engineering, math, world

THE KENTUCKY GENERAL ASSEMBLY 27 languages, and family and consumer sciences. Based geographical locations varied depending on the and inability to calculate student growth without on 2019 data, Kentucky identified nine subject areas person. Dr. Ligouri said some survey responses school and district data. Dr. Lewis convened and a local workforce area expected to have critical indicated rural communities could integrate teachers a group of superintendents, data assessment teacher shortages in 2020. More than 90 percent of within the community better and offer a better fit into coordinators, teachers, administrators, and other states reported facing shortages in math, exceptional the school culture. stakeholders in an effort to revise growth calculation. children, and science. More than half of the states In response to a question from Representative It was determined that growth should be based on the reported potential shortages in language arts, world Bojanowski, Ms. Stevens said the survey did not level of improvement or progress. Special recognition languages, English as a second language, and career include why fewer students are entering the career was given to the top 20 schools who exhibited at least and technical education. Less common areas of education field. She suggested the General Assembly 10 points in student growth. teacher shortages were identified as social studies, review insufficient salary and benefit information Performance level descriptor labels are health and physical education, and early childhood. during the upcoming 2020 Regular Session. defined as the level of understanding of Kentucky Ms. Stevens said OEA’s calculation of teachers Responding to a question from Senator Wise Academic Standards at specific grade levels. The with alternative certificates, emergency certificates, about programs in physics and chemistry, Ms. Stevens terms are 1) novice - a minimal understanding; 2) and other indicators of teacher shortages were based on said access to general college data was not available. apprentice - a basic understanding; 3) proficient an original analysis of certificates, teacher preparation Representative Riley said students are impacted - a broad understanding; and 4) distinguished - data, and a survey. Since 2010, emergency certificates negatively when rural area principals face teacher a comprehensive understanding. Every student increased less than 1 percent while alternative retention dilemmas. He said surrounding states are receives a scale score and rating for each subject area. certificates increased 7.9 percent. Current data for experiencing teacher shortages as well. Ms. Sims provided stark illustrations of Kentucky’s the same period indicates Kentucky has 1,600 fewer On a motion by Senator Kerr and a second by achievement gaps and how performance works with certified teachers, 74 more alternative or emergency Representative Reed, OEA’s report, Teacher Shortages assessment. Schools receive credit for students in certificate teachers, and an additional 1800 students, and Supports for New Teachers, was accepted. each group according to the scale. Schools do not which slightly increases student-teacher ratio. earn any points until growth is achieved in the novice From the survey, principals said teacher 2018 Assessment Results Overview area. Schools receive one-half point for apprentice shortages result in eliminating classes, increasing Dr. Wayne Lewis, KDE Commissioner, and students, one point for proficient students, and 1.25 class sizes, renewing non-effective teachers, or hiring Rhonda Sims, KDE Associate Commissioner, points for distinguished students. As student scores lower quality teachers in lieu of having unfilled presented the previous year’s results on school and improve, points are earned in the system. positions. During the past ten years, the increase student performance. Novice level data identifies students with the in teacher turnover suggests a lower number of Dr. Lewis said with the passage of the federal largest achievement gaps and the greatest need for teacher preparation program completers and current Every Student Succeeds Act (ESSA) and 2017 instructional support. In all school groups, KDE’s teachers becoming eligible for retirement could create Senate Bill 1, the Accountability Performance report indicates African Americans, Hispanics, future shortages. Teacher turnover is lower in larger Standard Setting Committee along with hundreds of English learners, and economically disadvantaged geographic areas due to larger population districts stakeholders across the Commonwealth developed students experience larger achievement gaps in having more schools in which to transfer. and implemented the accountability system’s all subject areas. Asian students have the lowest Ms. Stevens said schools affected by high teacher performance level description of what each star level achievement gap in the same subject areas. KDE’s turnover have difficulty in carrying out organizational means. Dr. Lewis and Ms. Sims said the performance presentation illustrates percentages for each ethnic goals; building relationships with students, parents level descriptions and recommendations are a new group. Subsequent pages provide student performance and community; and providing required training for level of transparency in Kentucky. level percentages by year and subject matter and is new teachers. Survey results also implied negative Ms. Sims said accountability indicators contain separately reported for elementary, middle, and high effects on student achievement, disciplinary issues, five components that align with federal requirements schools. In the curriculum area, challenges continue and school culture may be affected by new and including reading and mathematics proficiency; for students with disabilities to move them out of the inexperienced teachers; however, some principals proficiency in social studies, science, and writing; novice category. view a positive culture shift as a potential benefit to students’ growth/progress over an academic The transition readiness indicator allows turnover. year; transition readiness; and graduation rates. flexibility for students to demonstrate academic or The report indicated major barriers for recruiting Commissioner Lewis said a common myth about career readiness and includes an exam on attainment and retaining teachers include insufficient salary and Kentucky’s accountability system is that schools of English language proficiency for English learners benefits compared to private industry; lack of qualified with higher ratings receive additional state or federal including speaking, listening, reading, and writing candidates in a particular subject; and lack of qualified funding. Only CSI schools in the bottom 5 percent are in English. The indicators include earning a high candidates in general. Principals reported a plan for eligible for school improvement dollars to improve school diploma and meeting expectations for either prioritizing recruitment and retention of teachers performance. academic or career readiness and can include CTE and the development of strategies for supporting Commissioner Lewis said schools with 3-star courses, ACT, KYOTE test, college placement exam new teachers. Frequently mentioned supports for ratings show the school’s overall performance is on scores, dual credit courses, certifications, and others. new teachers include requiring mentor support, pace with the majority of other schools in the state. Commissioner Lewis said transition readiness encouraging beginning teachers to participate in Schools with 4- or 5-star ratings indicate a school accounts for 35 percent of a high school’s rating and community or peer networking, and providing has exhibited an exceptional level of performance. provides opportunities for high schools to move into dedicated meeting times for beginning teachers and Because of different components at each educational the 3- and 4- star range even though proficiency mentors. Less common strategies mentioned were level, maps are separated by elementary, middle, scores may not be at KDE standards. Ms. Sims said the mentor selection process and additional mentor and high schools. Specific county or district ratings the exceptional work experience program provides stipend. Few schools offer a reduced teaching load for may be accessed at https://apps.legislature.ky.gov/ another means for schools to raise scores. beginning teachers or mentors. CommitteeDocuments/117. Graduation rate is a federal requirement. In response to a question from Senator Wise, Ms. Dr. Lewis said student growth, a feature of Kentucky uses both a 4-year and 5-year calculation Stevens said a lack of funding for teacher internship Kentucky’s Accountability System, is not required that are equally weighted in getting an adjusted programs was not mentioned but superintendents by federal law. The amount of progress students have cohort graduation indicator. Kentucky has an and principals are trying to replicate those programs made within a given year accounts for 35 percent overall graduation rate in the low 90th percentile, as best they can. of the schools overall weight. Superintendents but all graduates have earned the required credits Responding to a question from Senator Wilson, and school districts disagreed with the manner in although they may not have demonstrated a Ms. Stevens said answers regarding barriers for which growth was calculated due to the complexity transition component. The 5-year rate recognizes the

28 2019 Interim LEGISLATIVE RECORD persistence of students and educators in completing standards. Categorization is based and grounded on Capitol Annex. Representative Suzanne Miles, Chair, requirements for a Kentucky high school diploma. students’ work. called the meeting to order, and the secretary called Kentucky’s graduation indicator averages the 4- and In response to a question from Senator Kerr, Ms. the roll. 5- year rates. Sims said students earning a diploma are positive in Present were: In addition to the 5-star system, KDE has a federal the graduation rate but may lack other benchmarks Members: Senator Christian McDaniel, Co- requirement to create an improvement plan based for transition readiness. Dr. Lewis said transition Chair; Representative Suzanne Miles, Co-Chair; on accountability results. The federal rule requires readiness in the accountability system has no bearing Senators Dennis Parrett and Brandon Smith; identifying the bottom 5 percent of Title 1 schools on students but factor in to school ratings. Dr. Lewis Representatives Jim DuPlessis and Susan Westrom. relating to performance; however, Kentucky law said it is encouraging to see different regions with Guests: Lisa Cooper, Executive Director, requires both Title 1 and Non-Title 1 schools. Schools different levels of poverty experiencing extraordinary Northern Kentucky Area Development District designated as comprehensive support improvement high rates of transition readiness. In response to a (ADD); Amy Kennedy, Executive Director, Buffalo (CSI) schools must be audited by a turnaround team follow-up question, Dr. Lewis said achievement gaps, Trace ADD; Buddy Hoskinson, Director, Quality selected by the local board of education. The audits regardless of adversity, show every school district has Assurance and Accountability, Department for must include specific goals as found on slide 23 of economically and non-economically disadvantaged Aging and Independent Living; Josh Benton, Deputy KDE’s presentation. While Jefferson County had a students but said gaps are being closed across the Secretary, Education and Workforce Development significant increase in CSI schools this year, Fayette state. He said many kids face significant social and Cabinet; Bridget Papalia, General Counsel, County had a significant decrease. Dr. Lewis said emotional challenges and there are differences across Education and Workforce Development Cabinet; KDE staff held regional orientation training sessions school districts as to how to reach those students. Andy Hightower, Senior Policy Advisor, Education with superintendents and principals. Following Leadership and staff have high expectations for and Workforce Development Cabinet; Amy Barnes, the audit results, schools have an opportunity to student learning regardless of family background. Executive Director, Office of State and Federal Grants, designate whether KDE or the district will lead the Dr. Lewis said changes in adult behavior in similar Department for Local Government; and Laura turnaround. After partnering with districts, Dr. Lewis populations with the same challenges have seen a Redmon, Budget Manager, Department for Local reported many schools designated last year as CSI are difference in academic behavior in some schools while Government. no longer classified in that category. others have experienced no change. KDE’s challenge In 2019, SB 175 language was changed to be is to be more consistent and systematic, giving kids LRC Staff: Mark Mitchell, Jennifer Hays, consistent with the USDE language of “targeted the best opportunity for growth. Cynthia Brown, Katy Jenkins, and Chase O’Dell support and improvement” (TSI) and “additional In response to a question by Representative Huff, Approval of minutes targeted support and improvement” (ATSI), Dr. Lewis said high-performance schools with a large A motion was made, and seconded, to approve previously identified as “TSI-Tier II”. ATSI schools number of proficient and distinguished students have the minutes of the September 25 meeting. The are defined as those with one or more groups of very concerns regarding the growth component and lack minutes were approved by voice vote. low-level performing students. In 2018, schools with of reward for sustaining the ratings within the scoring Improving Financial Reports to LRC improvement indicators allowed them to exit the TSI- mechanism. Growth helps balance the playing field Lisa Cooper, Executive Director, Northern Tier II/ATSI status. New schools were not identified between middle class and affluent students who have Kentucky ADD; and Amy Kennedy, Executive for ATSI in 2019, allowing Kentucky time to develop a an advantage over low-income and disadvantaged Director, Buffalo Trace ADD, discussed improving new definition of TSI that met USDE standards. This students. Ms. Sims said KDE has organized a group financial reports submitted by ADDs to LRC. year, KDE identified only 11 of over 400 previously of people to analyze the test results and study the Amy Kennedy testified that most of the ADDs designated ATSI schools as requiring additional intended and unintended consequences of SB 175, have audits currently being performed. Going support needs. both positive and negative. She said many individuals forward, all of the ADDs will be reporting in the To raise the bar and close the gap, educators have expressed concern about growth credit for governmental format for audits. The ADDs would are urged to: 1) become intimately familiar with students maintaining proficient or distinguished like to see additional language provided for clarity Kentucky’s new academic standards for reading, levels. Dr. Lewis said the growth value table was of guidelines with the House Bill 189 format. Lisa math, science, and social studies; 2) teach to the recommended by the stakeholder’s group and was not Cooper stated that the ADDs are supposed to have an standards at grade level including standards-aligned, imposed by KDE. online portal running by July 1, 2020. high quality curriculum and lesson plans that will lead Election of Co-Chair In response to a question from Representative to significant improvement in student learning and On a motion by Senator Wilson and a second DuPlessis, Lisa Cooper testified that the Joint Funding assessment scores; and 3) expose standards at grade by Senator Kerr, Senator Wise was nominated as Administration (JFA) funding is back to what it was school level to ensure mastery on state assessments at Co-Chair of the committee. Senator Wilson made a over the last 40 years. middle and high school levels. motion that nominations cease and by acclimation Cabinet for Health and Family Services In response to a question by Senator Wise, and without objection, Senator Wise was elected. Relationships with ADDs Dr. Lewis said elementary, middle, and high Other Business Buddy Hoskinson, Director, Quality Assurance schools experience a disproportionate number The next meeting of the Education Assessment and Accountability, Department for Aging and of underperforming male students, regardless of and Accountability Review Subcommittee will be Independent Living, discussed the relationship economic disadvantage and race. According to held November 12th at 10 a.m. between the ADDs and the Cabinet for Health and Ms. Sims, a student may be identified in multiple Adjournment Family Services (CHFS). categories, if applicable. Relating to federal reporting There being no further business before the Buddy Hoskinson testified that the Older requirements, Kentucky is required to submit cross- committee, the meeting adjourned at 2:30 p.m. Americans Act brings the majority of the funding for tab data including gender and ethnicity. Overall the Department for Aging and Independent Living. females outperform males, especially among the AREA DEVELOPMENT DISTRICT The department provides monitoring oversight African American group. and technical assistance. The responsibility of Area Responding to a question by Representative WORKING GROUP Development Districts (ADDs) to the department is Bojanowski, Dr. Lewis said it is possible to eliminate Minutes of the 5th Meeting to fulfill contracts. students in the novice range since no bell curve is of the 2019 Interim In response to a question from Representative October 30, 2019 imposed on the K-Prep assessment. Ms. Sims said Westrom, Mr. Hoskinson stated that the Department scores are set during the administration of the first Call to Order and Roll Call for Aging and Independent Living provides training round of testing and cut scores are set and remain in The 5th meeting of the Area Development to the ADDs as required by the contracts between place unless there is a significant change in tests or District Working Group was held on Wednesday, the entities. He continued to say that an area plan October 30, 2019, at 10:00 AM, in Room 154 of the THE KENTUCKY GENERAL ASSEMBLY 29 would not be the same in different parts of the state. mayors. behalf of the ADDs. In response to another question from Representative In response to Senator Smith, Mr. Benton In response to a question from Representative Westrom, Mr. Hoskinson said that the department stated that WIOA, the Workforce Innovation Miles, Ms. Redmon said that DLG wants to ensure that tracks the number of people on waiting lists for meals. and Opportunity Act, is a federal workforce law. the department and subrecipients are in compliance. In response to another question, Mr. Hoskinson said Mr. Benton continued to say that the law sets the In response to a question from Representative that the department has a nutritionist on staff to framework for the delivery of the public workforce Westrom, Ms. Barnes stated that DLG administers work with the ADDs to meet nutrition guidelines. system. the Kentucky Small Cities CDBG. The department In response to further questioning, Mr. Hoskinson In response to a question from Representative receives a technical assistance fee tied to the program. stated that while some ADDs have contracted with Westrom, Mr. Benton stated that a website provides DLG must use a portion of the fee to promote the themselves, they typically subcontract out services. contact information for all of the career centers CDBG program to eligible applicants across the Education and Workforce Development around the state. Use kcc.ky.gov, then click on Office commonwealth. In response to another question Cabinet Relationships with ADDs Locations in the upper right corner to search for a from Representative Westrom, Ms. Barnes provided Josh Benton, Deputy Secretary, Education location near you. examples of projects that are funded by CDBG and Workforce Development Cabinet; Bridget In response to a question from Representative funds. Ms. Barnes continued to say that most dollars Papalia, General Counsel, Education and Workforce Miles, Mr. Benton testified that there is currently not are spent in the public facilities and infrastructure Development Cabinet; and Andy Hightower, an instance where an ADD serves as both the fiscal category. Senior Policy Advisor, Education and Workforce agent and service provider for the same workforce Representative Duplessis stated that he Development Cabinet, discussed the relationship area. understood that the JFA formula had not changed for between ADDs and the Education and Workforce Department for Local Government 40 years. Ms. Barnes stated that there was a JFA formula Development Cabinet. Relationship with ADDs that existed. During an administration change, Josh Benton testified that the Education and Amy Barnes, Executive Director, Office of the formula was lost. The ADDs then collectively Workforce Development Cabinet does not have State and Federal Grants, Department for Local decided how JFA funds would be distributed. Some a natural direct relationship with the ADDs. The Government; and Laura Redmon, Budget Manager, directors were not pleased with how the division relationship is a result of the structure of workforce as Department for Local Government discussed the had being going. The old formula was eventually defined by federal law. relationship between ADDs and the Department for found, which is essentially the formula that was put Mr. Benton testified that the Workforce Local Government. into the 2018 budget language, with a few tweaks Innovation and Opportunity Act (WIOA) drives the Amy Barnes testified that the Department for modernization. In response to another question structure of workforce at the state and local level. for Local Government (DLG) administers the from Representative DuPlessis, Ms. Barnes stated There are 10 local workforce boards in Kentucky. Joint Funding Administration (JFA) program. The that any time a formula is addressed that distributes Each board establishes strategies and local oversight program delivers both state and federal funds to the money, there are going to be winners and losers. In of the delivery of federal funds. The Education ADDs through a contractual agreement. Included in response to further questioning from Representative and Workforce Development Cabinet will have a the agreement are federal funds from the Economic DuPlessis, Ms. Barnes agreed that several of the relationship with an ADD if a local workforce board Development Administration and from Housing ADD directors were able to get the formula changed procures the ADD to serve as a fiscal agent or a and Urban Development (HUD) as a part of DLG’s without a collective agreement from all of the other service provider. Community Development Block Grant (CDBG) ADD directors. Representative DuPlessis stated that In response to a question from Representative program. The state funds are used to match the when winners and losers are made, there should be Miles, Mr. Benton reviewed a map displaying the federal programs, as well as to match the Appalachian more collective discussion. local workforce development areas where an ADD is Regional Commission (ARC) funds for some of the With no further business before the working designated as a fiscal agent or service provider. ADDs. There is also additional state funding provided. group, the meeting was adjourned. Mr. Benton stated that the Education and Ms. Barnes stated that DLG requires two types Workforce Development Cabinet provides oversight, of reports from the ADDs; a financial report and technical assistance, and monitoring functions to make an activity report. DLG is a repository rather than a ALZHEIMER’S AND DEMENTIA sure that funds are being procured as the law allows. regulatory agency for cost allocation plans. WORKFORCE ASSESSMENT TASK If the cabinet finds a concern during a monitoring In response to a question from Representative FORCE visit, it would proceed with corrective action. When it DuPlessis, Ms. Barnes stated that there was confusion Minutes of the 5th Meeting comes to the delivery of services, federal law dictates about the language in the 2018 budget regarding the of the 2019 Interim common measures that local workforce areas have to match in the JFA formula. She continued to say that October 24, 2019 focus on. Much of the cabinet’s relationship with the the department made matches to federal funds first, Call to Order and Roll Call ADDs is determined by the decisions that take place then applied the JFA formula to what was remaining. The 5th meeting of the Alzheimer’s and at the local workforce board level. For fiscal year 2020, the formula will be applied on Dementia Workforce Assessment Task Force was held In response to a question from Representative the front end. ADDs have agreed to how the math on Thursday, October 24, 2019, at 10:00 AM, in Room Westrom, Mr. Benton testified that when someone was done. In response to another question from 131 of the Capitol Annex. Senator Robby Mills, Chair, applies for unemployment, the Education and Representative DuPlessis, Ms. Barnes stated that called the meeting to order, and the secretary called Workforce Development Cabinet provides them there was no discussion about reparations to fix some the roll. with communication and instruction on how to of the lack of funding that happened in some districts. Present were: connect with their local career center. In response Senator Smith stated that the coal severance Members: Senator Robby Mills, Co-Chair; to another question, Mr. Benton said that WIOA distribution formula has changed many times since Representative Deanna Frazier, Co-Chair; provides instruction for the workforce structure. In he has been in the legislature. He thanked Ms. Barnes Senators Stephen Meredith and Reginald Thomas; partnership with the Cabinet for Health and Family for her work in that area. Representatives Danny Bentley and Lisa Willner; Bill Services (CHFS) and local boards, the Education Laura Redmon testified that there are Cooper, Steven Davis, Buddy Hoskinson, Mackenzie and Workforce Development Cabinet has received fluctuations in how money is dispersed because of the Longoria, Mary Romelfanger, Philip Travis, and grant funds from the Department of Labor to serve different programs that make up the JFA. Economic Denise Wells. the sober living. In response to further questions, Mr. development funds are dispersed evenly between the Guests: Mark Bowman, Executive Director, Benton testified that the cabinet is connecting its staff 15 ADDs. CDBG has a different allocation process. Office of Kentucky Veteran Centers, Kentucky within career centers to the service providers who Ms. Barnes stated that DLG applies for funds to the Department of Veterans Affairs; and Chad Helton, are providing treatment. The cabinet is working with Economic Development Administration (EDA) on Executive Director, Post-Acute Care Facilities

30 2019 Interim LEGISLATIVE RECORD Services, Bluegrass Care Navigators. in the upcoming regular session to help address the a thorough, fingerprint-based background executed LRC Staff: Dana L. Simmons, Lead Staff and workforce vacancies. The KDVA wants to begin the by the Federal Bureau of Investigation (FBI). He Becky Lancaster. Apprenticeship Program and expand it to recruit stated that some retention strategies for employees are Approval of Minutes employees and to be used by others. The KDVA does flexible scheduling, wage reviews, benefits, employee A motion to approve the minutes of the October not want to limit the program to only high school recognition, and a tuition assistance program. The 3, 2019 meeting was made by Senator Meredith, students. Wellington Parc Association has partnered with the seconded by Representative Bentley, and approved by In response to questions and comments from program Fostering Success. The Fostering Success voice vote. Mr. Hoskinson, Mr. Bowman stated that the KDVA program works with foster youth to provide job Recommendations to Improve Career Mobility did a study and found that the actual cost of a nurse opportunities for them. He stated that Wellington and Retention Among Healthcare Workers turnover is $25,567. Parc had approximately a 37 percent nurse aid Mark Bowman, Executive Director, Office of In response to questions and comments from turnover rate last year. The national average for nurse Kentucky Veterans Centers, Kentucky Department Representative Willner, Mr. Bowman stated that many aid turnover can average over 100 percent. of Veterans Affairs (KDVA), stated that the KDVA providers, including the KDVA, have relationships In response to questions and comments from recognizes the challenges that providers have working with high schools and Kentucky Community and Representative Bentley, Mr. Travis stated that six with patients that are diagnosed with Alzheimer’s Technical College System (KCTCS). KCTCS is a big hours is required quarterly by the Alzheimer’s nursing and dementia. There are four state veterans’ homes partner and supporter for the KDVA. The KDVA home regulation. Since Wellington Parc participates in Kentucky. Each of the homes has a secure unit hopes that the Apprenticeship Program will have a in Medicare and Medicaid, the Centers for Medicare dedicated to patients that are diagnosed with positive impact on the workforce. He stated that the and Medicaid Services (CMS) requires 12 hours of Alzheimer’s and dementia. The KDVA has a high Apprenticeship Program needs more community continuing education. He stated that Wellington Parc percentage of veterans diagnosed with dementia partners that are willing and committed to devote has not had to deal with progressive supranuclear along with post-traumatic stress disorder (PTSD). time and training to the program participants. palsy (PSP) but it may be considered a related The KDVA uses the standard training methods such In response to questions and comments from disorder to Alzheimer’s disease. Wellington Parc is as the Hand in Hand training series. Hand in Hand Ms. Romelfanger, Mr. Bowman stated that the KDVA seeing more patients with different types of dementia. is a core component that is used for the orientation has approximately 13 female veteran residents. In response to questions and comments from and ongoing training of staff. The KDVA has adopted The KDVA will see an increase in female veteran Senator Meredith, Mr. Travis stated that he tries dementia care programs that are specific to veterans. residents as the population rises. The KDVA has a to complete exit interviews prior to the employee The Health Resources Services Administration has women’s veteran coordinator who is involved at the leaving. He stated that the higher turnover rates were released 11 new learning modules as an addition to state level. The KDVA has not had many instances found with employees that have worked less than one the agency’s Alzheimer’s disease and related dementia of workplace violence. The KDVA does have some year. There is a very low turnover rate with employees training curriculum. The goal of these modules is veterans diagnosed with PTSD and/or dementia that that have worked at least five years. He stated that the to train the primary care workforce about dementia may exhibit behaviors that include verbal or physical individuals coming into the workforce are more likely caregiving, but also helps the providers address violence. Some The KDVA locations have an in-house to leave and go to competing facility for a small raise caregiver needs. physician, nurse practitioners, or a mental health in pay. He has seen changes with the new generation Mr. Bowman stated that the KDVA faces nurse practitioner dedicated to focus on veterans of employees and has addressed company policies and similar challenges as other providers with the lack of diagnosed with PTSD. procedures accordingly. He has also seen changes in workforce. The KDVA works to train and maintain In response to questions and comments from the healthcare industry as a provider. There has been employees. The KDVA is making a commitment of Ms. Longoria, Mr. Bowman stated that The KDVA a shift for newer residents to request private rooms. time and programming for nursing assistants on staff. can provide the Dementia Care for America’s Heroes In response to questions and comments from The KDVA believes that the Apprenticeship Program training program to the Alzheimer’s Association Ms. Longoria, Mr. Travis stated that the overall will provide the best opportunities to be successful. and others for training. The KDVA is on the path culture of a facility and the feeling of self-worth in the The Apprenticeship Program is in high schools but for dementia specific training but does not have any job have a larger impact on how long the employee the KDVA would like to expand the program to historical data on outcomes at this time. stays with the facility. He stated that the patients at existing staff. The Apprenticeship Program helps to Philip Travis, Administrator, Wellington Parc, Wellington Parc are at various stages of Alzheimer’s create a career ladder. The registered Apprenticeship stated that in 1991, the owners of Wellington Parc disease. Some of the activities provided are geared Program is coordinated by the Kentucky Education started two licensed Alzheimer’s nursing home towards higher functioning residents but there are and Workforce Development Cabinet. There are facilities. In 1997, Wellington Parc began to accept also one-on-one activities for residents that cannot several levels in the certified nursing assistant Medicare and Medicaid funding. Wellington Parc participate in those activities. Wellington Parc has apprenticeship program. The third level is a certified also accepts private pay and veteran clients. He stated brought in music therapy and library programs from nursing assistant that specializes in dementia care. that all staff members must have documented training the community for the residents. Wellington Parc The total approximate amount of hours to complete in the care and handling of Alzheimer’s patients. Six holds a monthly support group for the community. the third level certified nursing assistant program is hours of continuing education related to Alzheimer’s Chad Helton, Executive Director, Post-Acute 825 to 1,125 hours. The non-flexibility in the state disease are required each quarter. Wellington Parc Care Facilities Service, Bluegrass Care Navigators, merit system is a challenge for the KDVA. Flexibility uses various training programs by Teepa Snow. The stated that Bluegrass Care Navigators serves is a must with the healthcare workforce. The KDVA Wellington Parc workforce for the 80 bed facility individuals living with Alzheimer’s and other forms believes that it is good to empower and train workers consists of 94 employees that includes 13 direct care of dementia. Bluegrass Care Navigators has a long if the workers provide three to four years of quality nurses, 41 nursing assistants, and 28 support staff history of expanding services and programs to meet service to the KDVA. employees. the needs of the community. In 2018, Bluegrass Care In response to questions and comments from Mr. Travis stated that staffing challenges include Navigators served 1,438 individuals living with the Senator Meredith, Mr. Bowman stated that the KDVA employee turnover and the associated costs, facilities diagnosis of Alzheimer’s or some type of dementia. workforce turnover rate is approximately 60 to 70 that are competing for the same workers, and the Bluegrass Care Navigators is committed to working percent. One of the KDVA’s facilities has 70 employee competitive wage needed verses the reimbursement with community partners to improve the quality of vacancies that are ready to be filled. The KDVA has a rates given to employers. He stated that trying to care provided to all patients and caregivers. Bluegrass reduced census because of the workforce vacancies. find new and different ways to retain staff is difficult. Care Navigators recently received a $1 million grant The KDVA is at a 55 to 60 percent patient capacity Wellington Parc completes Kentucky Applicant from the Administration for Community Living rate in most of the facilities because there are so Registry and Employment Screening (KARES) and the Administration on Aging to address gaps in many open positions. The KDVA is taking actions background checks on potential employees. KARES is services for those living with Alzheimer’s and age-

THE KENTUCKY GENERAL ASSEMBLY 31 related dementia and their caregivers. In response to questions and comments from Mr. Cracraft stated there were index providers in Mr. Helton stated that Bluegrass Care Ms. Longoria, Mr. Helton stated that Bluegrass Care both asset classes that aggregated data of underlying Navigators hires and trains the employees with a Navigators is putting together the steps to take and managers and were considered industry leaders. He purpose. He stated that training needs to be scenario the community partners to share the $1 million grant did note that private equity is a tough asset class to based, interactive, and tailored to each community. from the Administration for Community Living and benchmark and that many public plans utilize a public Bluegrass Care Navigators use Teepa Snow and the Administration on Aging. equity index approach to measure performance. Virtual Dementia Training programs. He stated that Adjournment In response to questions from Representative every day with every shift there is an opportunity for There being no further business, the meeting DuPlessis and Representative Graviss, Mr. Cracraft employees to learn from an experience. He stated was adjourned at 11:39 AM. noted the return information he was discussing was that many recommendations to retain employees related to markets as a whole and not specific to are to pay the staff more, provide better training, any of the Kentucky plans. He stated the purpose of require certifications, improve the work environment providing the index return information was to give however, many Kentucky facilities are barely making PUBLIC PENSION OVERSIGHT members a sense of what asset classes worked and did payroll or maintaining the buildings due to low not work over the 12 month period. reimbursements. Bluegrass Care Navigators use Teepa BOARD Mr. Cracraft moved on to a discussion of plan Snow scenario-based training programs. The Virtual Minutes of the 8th Meeting specific performance for KRS, TRS, and JFRS. First, Dementia Tour is a hands-on program that allows Of the 2019 Interim he began with a slide that displayed annual fiscal October 28, 2019 employees to briefly experience what the patients year performance over the past 23 years. Each of they are caring for every day go through every day. Call to Order and Roll Call the plans have generally moved together, with each He suggested to subsidize trainings and to provide The 8th meeting of the Public Pension Oversight having periods of outperformance, and pointed incentive for the training. Board was held on Monday, October 28, 2019, at 1:00 out how trailing period returns were going to be Mr. Helton stated that Kentucky should make PM, in Room 154 of the Capitol Annex. Representative impacted by 2019 results. Secondly, he reviewed a care more attainable. Kentucky should allow all Jim DuPlessis, Chair, called the meeting to order, and slide that provided trailing 1-, 3-, 5-, 10-, and 20-year people, no matter their level of income, to have the the secretary called the roll. performance for each plan relative to their assumed appropriate care setting at the appropriate time. He Present were: rate of return and policy benchmark, as well as three stated that Kentuckians are living in skilled nursing Members: Senator Jimmy Higdon, Co-Chair; peer groups. He noted the trailing 20-year returns facilities when not appropriate because Medicaid Representative Jim DuPlessis, Co-Chair; Senators had declined slightly from the prior year, while the will not pay for assisted living. People are staying at Christian McDaniel, Dennis Parrett, and Wil 10-year returns had improved. home in dangerous conditions because they cannot Schroder; Representatives Joe Graviss, Jerry T. Miller, Mr. Cracraft discussed asset allocation and afford the high costs of assisted living communities. Phillip Pratt, Russell Webber, and Buddy Wheatley; explained how a plan allocates assets has historically The memory care patients are not the same as the J. Michael Brown, John Chilton, Timothy Fyffe, Mike driven 90 percent of its returns. He discussed several other patients that are served in the community. He Harmon, and James M. “Mac” Jefferson. of the asset classes and noted that multiple strategies stated that Kentucky needs regulations that would Guests: Bo Cracraft, Legislative Research and opportunities exist within each class. One slide encourage more providers to provide memory care Commission; Beau Barnes, Deputy Executive showed current allocation percentages for each state without the fear of punitive regulations when dealing Secretary of Operations and General Counsel, plan along with a LRC-calculated peer group at with patients with behaviors. Teachers’ Retirement System; and Richard Robben, the end of the fiscal year. Differences could be seen In response to questions and comments from Executive Director, Office of Investments, Kentucky between several of the plans, but little had changed Representative Frazier, Mr. Helton stated that many Retirement Systems. from the previous year. caregivers and staff start to work in the long-term care LRC Staff: Brad Gross, Bo Cracraft, Jennifer In response to a question from Representative industry because of personal experiences with loved Black Hans, and Angela Rhodes. DuPlessis regarding the allocation of the County ones in long-term care. Approval of Minutes Employee Retirement System (CERS) plans, Mr. In response to questions and comments from Senator Higdon moved that the minutes of Cracraft referenced the plans’ assumed rate of return Senator Meredith, Mr. Davis stated that Kentucky the September 23, 2019 meeting be approved. target as compared to KERS and TRS. He noted that has an Alzheimer’s regulation that implies that one Representative Webber seconded the motion, and the CERS did have less equity than TRS, but was also can provide appropriate care at an assisted living minutes were approved without objection. seeking a lower target of 6.25 percent (versus 7.5 facility but also has the “statement of danger” rule Semi-Annual Investment Review percent). He added KRS staff would seek to set an that applies and may restrict who can be admitted to Bo Cracraft, Legislative Research Commission, asset allocation that took the least amount of risk, but the facility. He stated there is no reimbursement for provided a semi-annual investment review. He began still met its target. care provided at personal care homes. He confirmed by providing a summary of total assets managed In response to a question from Representative that Kentucky needs to reform the assisted living across the Kentucky Retirement Systems (KRS), Miller regarding the real return asset class, Mr. and personal care home regulations to create a better Teachers’ Retirement System (TRS), and Judicial Cracraft stated the asset class was hard to measure continuum of care that would allow individuals to age Form Retirement System (JFRS). Collectively, total with index returns. He noted that several asset types in place. The state should also be able provide a certain pension and insurance assets exceeded $40 billion as might be included in this allocation, such as timber, level of nursing care without the patient having to of June 30, 2019, which was an increase of $1.3 billion inflation-linked assets, or risk parity. truly meet the nursing home level of care. He stated since the same timeframe last year. In response to questions from Representative that as a regulatory agency, the Office of Inspector Next, Mr. Cracraft discussed performance across Graviss regarding the amount of alternative or General (OIG), agrees with the provider community various investment markets and provided index higher risk investments of KERS, Mr. Cracraft stated on a reform of the levels of care. The OIG also deals returns for several major asset classes. The fiscal year that, when measured by volatility of returns, most with workforce issues and has to compete for nursing did see positive returns in many markets, but returns alternative strategies are lower risk than public and clinical staff. He stated that the OIG would like were not quite as strong as experienced during the equities, which can experience swings from month to build a classification system that would allow the prior two fiscal years. to month. Given that volatility, many plans have OIG to attract nursing staff directly from colleges and In response to a question from Representative allocated to alternatives, especially plans that have universities. He would like to see a tuition repayment Miller, Mr. Cracraft stated the return information less tolerance for asset loss. In addition, more specific program implemented. As a regulatory agency there provided represented index returns. to the KERS nonhazardous plan, he noted no new is a large set of regulatory rules, at one time there were In response to a question from Mr. Chilton private equity investment had been made since 2011, 54 levels of care to be maintained. regarding how the return values are determined for but given the plans declining asset base, the allocation less public markets like real estate or private equity,

32 2019 Interim LEGISLATIVE RECORD to private equity appeared to be a bit higher compared was reporting carried interest, while TRS was not. In Graviss regarding if the carried interest could be to peers. response to a question as to whether plans worked made available to the board, Mr. Barnes stated that In response to a question from Representative together to negotiate fees, Mr. Cracraft noted no Senate Bill 2 in 2017 specifically provided that TRS DuPlessis regarding the equity exposures of the formal procedure was in place, but staff did have could share confidential information with certain Kentucky plans relative to the LRC peer group, Mr. informal conversations, like they would with other entities with a signed nondisclosure agreement. Cracraft noted that each plan’s targeted asset allocation state plans, when considering similar managers or Mr. Harmon stated that his office did have is set by their board and is driven by periodic asset strategies. access to the confidential information. However, the liability modeling studies that are conducted. In the In response to a question from Representative problem is that the statute states that carried interest case of the TRS and JFRS boards, the asset allocation Graviss with regards to what “other” fees represented, is supposed to be disclosed publicly. adopted by the board does have an above average Mr. Cracraft stated that “other” fees represent Representative DuPlessis called Rich Robben, allocation to equity when compared to the peer group, additional expenses to the partnership, such as KRS, to the testimony table. In response to a question while KRS tends to be below that average. accounting fees for annual tax filings or legal fees from Representative DuPlessis, Mr. Robben stated Mr. Cracraft finished up the discussion on asset required to close financial transactions to purchase or that KRS has not seen any push back from managers allocation with a peer comparison of the equity, fixed buy out underlying portfolio companies. These fees are in the private equity space or other managers in income, alternatives, and cash allocations of the plans. generally related to alternative strategies or strategies regards to their fee reporting. He noted that relative weights were pretty similar to that are structured as partnerships. In response to a Representative Miller commented that he the prior year. He referenced KRS’ declining exposure follow-up question regarding whether incentive fees believed TRS could report carried interest at an asset to absolute return had lowered the plans’ exposure to are generally tied to certain asset classes, Mr. Cracraft class level in aggregate across all managers without alternatives below the average. stated incentive fees are very normal for alternative compromising the underlying manager data and asset classes, but less likely in the public asset classes. urged Mr. Barnes to encourage the TRS board to Next, Mr. Cracraft provided a review of Representative Graviss expressed some concern include asset class information in their upcoming investment fees for the three retirement systems. He with the lack of disclosure of carried interest and Comprehensive Annual Financial Report. noted management fees on the pension side were asked members of any potential action or rulings provide by asset class, while the insurance information with regards to disclosure. Senator Higdon indicated Senator Schroder commented that TRS is a was consolidated. With regards to other fees and that recommendations would be adopted and made customer to those managers who are threatening incentives, such as carried interest, he noted KRS does by the PPOB in December for legislators to work on litigation that could ruin future contracts of doing provide this information and reports it as a separate developing an agreement in regards to the conflicting business. He believes that TRS can negotiate for line item. TRS had been notified by its managers legislation between KRS 161.250 and SB 2 in the business with full transparency. that carried interest information is proprietary and upcoming 2020 Regular Session. Mr. Cracraft finished the discussion with regards cannot be publicly reported, and JFRS does not utilize Senator Schroder commented that the General to investment fees with a review of the recent trend in alternatives, so, carried interest is not applicable. Assembly could avoid having to develop a legislative expenses. He reviewed total fees in terms of dollars In response to questions from Senator McDaniel fix to the issue of carried interest disclosure, if TRS and basis points for KRS, TRS, and JFRS for fiscal regarding TRS not reporting carried interest, Mr. would negotiate with their investment managers and years 2015 through 2019. Cracraft stated that the carried interest reporting express to them the importance of disclosure. He Next, Mr. Cracraft transitioned to a discussion was required in SB 2, but TRS does not view carried stated that TRS should impress upon its managers of net cash flow, which was a research topic requested interest as a fee and believes it is exempt from having that disclosure is important to TRS’ members and the of staff. Historically, plan health had focused on to disclose the information under KRS 161.250. In citizens of the Commonwealth and should require actuarial valuations and funding levels, but more response to a follow-up question regarding how KRS disclosure of carried interest going forward. recently, both at the local level and beyond, the topic interpreted carried interest, Mr. Cracraft stated that of cash flow has gained awareness. A reason for the he did not know how KRS viewed carried interest, but Representative DuPlessis agreed with Senator increased attention to cash flow was the fact that that they were disclosing the information. Schroder and called Beau Barnes, TRS, to the testimony many plans are currently dealing with negative cash In response to a question from Mr. Harmon, table to respond. Mr. Barnes stated that, in regards to flow, or a situation where net contributions received Mr. Cracraft agreed that the total fees reported in disclosing carried interest, TRS had investment staff no longer cover total dollars being paid out of the his presentation for TRS did not include any carried reach out to its general partners, and the response plan in the form of benefits and expenses. He stated interest. was the information is considered proprietary and that negative cash flow is not just specific to Kentucky, In response to a question from Senator Higdon the partners do not want their competitors knowing citing recent research conducted by the National regarding other states disclosing carried interest, Mr. how much is made on investments. Mr. Barnes Association of State Retirement Administrators Cracraft referenced a slide in his presentation as well stated the statute allows the systems to exempt data (NASRA) that reported a median cash flow across as some attachments that had been provided to the from being disclosed publicly and on the website, the industry of negative 2.8 percent. Mr. Cracraft members. Research shows that reporting carried including carried interest, if this information is either stated that NASRA and many actuaries review and interest is not the norm, but more and more plans are confidential or proprietary and/or if it compromises measure cash flow as a percent of plan assets and starting to report carried interest either through their TRS’ opportunity to invest. Mr. Barnes stated that suggested this measurement might be a more useful annual reports or in the form of board reports. In TRS does not want to put something on their website means of considering a plan’s cash flow, rather than response to a follow-up question regarding common that could potentially be a litigation risk. just in terms of dollars. He noted that as a plan’s partnerships across states that had disclosed carried In response to questions from Representative negative cash flow grew, it should lead to a change interest, Mr. Cracraft stated there were common DuPlessis regarding whether or not fees would be in investment strategy and expected returns, which general partners with plans who were disclosing higher if carried interest were not paid, Mr. Barnes would lead to revised assumptions and contribution carried interest. stated the nature of the enterprise is to split profit rates. While there was no specific standard as to what and, if that was not the case, he was unsure if the level of negative cash flow becomes unmanageable, In response to a question from Mr. Jefferson partnerships would exist. Mr. Cracraft stated research had indicated a range of regarding common managers between KRS and TRS Representative DuPlessis commented that he 3-5 percent negative. He reviewed an example, using and differences in disclosure, Mr. Cracraft stated was uncomfortable with investments that do not the TRS plan experience, and also provided current there was not a lot of overlap between the plans and, disclose all the funds that are being paid in the form cash flow characteristics for each of the plans as of even when employing the same manager or general of fees and/or profits. He stated that it is unacceptable June 30, 2019. partners, it often was not in the same exact strategy. for the board not to see this information. To close, Mr. Cracraft discussed several other In the instances of overlap at the manager level, KRS In response to a question from Representative statutory items required during his review, which

THE KENTUCKY GENERAL ASSEMBLY 33 included a review of current policies, benchmarks, background on CRR, which is a nonprofit academic Kentucky stood out in terms of appointed members and securities litigation activities. center founded in 1995. Initially funded through a with just over 60 percent. In response to questions from Mr. Chilton Social Security Administration grant, the research regarding cash flow, Mr. Cracraft stated that over time, center primarily focuses on private sector retirement Lastly, Mr. Aubry discussed the average board as long as there are positive markets and a continuance issues. In 2007, the CRR began researching state and size and tenure of a board member as aggregated of growth above an assumed rate of return, a plan local pension plans through a grant from the Center in the PPD. The average size board in 2017 was 10 like TRS can manage negative cash flow and grow for State and Local Government Excellence, which members, but ranged from five to 19 members. The assets. However, as that negative cash flow grows, is a nonprofit research arm of ICMA-RC, which KRS board, with 19 members, ranked as one of the more reliance is being placed on asset growth above administers supplemental DC plans for state and larger boards. The average tenure of a board member and beyond the assumed rate of return, and the risk local governments. equaled six years, while the KRS board’s average tenure of a market correction or extended period of muted Mr. Aubry moved into his presentation, which was three years. It takes time for board members to returns becomes more problematic. In response to was the result of research conducted on the relationship gain knowledge and understanding of a plan, so high a follow-up question, Mr. Cracraft suggested plans between board structure and composition relative to turnover could lead to disruption or lack of credibility need the majority of negative cash flow to be offset by plan investment returns. Mr. Aubry pointed out that with plan members and/or the legislature. the income being generated. a board is tasked with oversight of administrative Mr. Aubry outlined the board effectiveness and investment activities of a plan, which includes scoring utilized in the study. Each plan received one In response to a question from Representative certifying contribution rates, determining actuarial point for being within the suggested range of five Graviss regarding adding more information on a assumptions, setting asset allocations, hiring and board features, including structure, size, stakeholder plan’s cash flow to the chart, Representative DuPlessis firing key employees, and setting the administrative representation, financial expertise, and tenure, for a stated that he believed it would help to give a total budget. However, boards can often be constrained in highest point total available of five. The most common cash flow with investment income to show if it was fulfilling its duty, such as the practice of investment total score across the sample was three, with 75 plans positive or negative. Representative Graviss also “legal lists,” limited governmental salaries, and an including Kentucky earning that score. Next, the asked LRC staff to look at the maturity rate of retirees inability to change plan benefits or contribution analysis compared each plan’s total board effectiveness under current plan cash flows. rates paid by employees or employers. Despite those score to its 10-year trailing investment return in 2017. With no further business, the meeting was constraints, Mr. Aubry stated prior research had He pointed out that returns ranged from 3.9 percent adjourned. shown that a board’s characteristics do relate to plan to 6.1 percent, with all plans performing below their outcomes, and he referenced prior research that assumed rates of return. Kentucky’s 10-year return fell PUBLIC PENSION OVERSIGHT studied performance relative to the size of a board, into the second to last quartile at 4.9 percent, which boards with members who have financial expertise, also was below their assumed return of 5.75 percent. BOARD and boards that included retired members. When the two factors were compared, Mr. Aubry Kentucky Retirement Systems Administrative With regards to the study conducted by the stated the analysis found that plans with higher board Subcommittee CRR, Mr. Aubry stated a more holistic approach was effectiveness scores correlated with better 10-year Minutes of the 2nd Meeting taken, rather than analyzing a single topic, such as investment performance, suggesting that an effective of the 2019 Interim size or member expertise. Instead, the CRR identified board can positively impact long term investment October 28, 2019 four key features that they believed played a role in performance. Call to Order and Roll Call board effectiveness, which included the structure, In conclusion, Mr. Aubry noted that boards are The 2nd meeting of the Kentucky Retirement composition, size, and turnover of boards. Using these responsible for oversight of both the administrative Systems Administrative Subcommittee of the Public key features, the CRR analyzed each of these factors and investment activities of plans and exhibit Pension Oversight Board was held on Monday, across the CRR’s Public Plans Database (PPD), which significant diversity across key features related to October 28, 2019, at 10:00 AM, in Room 171 of the includes roughly 200 state and local defined benefit their effectiveness, which include structure, size, Capitol Annex. Representative Russell Webber, Chair, plans, including the Kentucky Retirement Systems composition, and turnover. Research conducted by called the meeting to order, and the secretary called (KRS). Mr. Aubry noted the database covers 95 the CRR found a positive relationship between best the roll. percent of public pension members and assets in the practices in these areas and a plan’s 10-year investment Present were: U.S., was updated quarterly with data from recently return, with results supporting the belief that best Members: Senator Wil Schroder, Co-Chair; released Comprehensive Annual Financial Report or practices recommended by governance experts across Representative Russell Webber, Co-Chair; Senators actuarial valuations, and included data from 2001 to the industry do relate to tangible plan outcomes. Jimmy Higdon and Dennis Parrett; Representative 2018. In response to a question from Representative Phillip Pratt; John Chilton, and James M. “Mac” As to board structure, Mr. Aubry stated the Webber regarding legal lists, Mr. Aubry stated that Jefferson. vast majority, or 74 percent, of PPD plans utilized a legal lists were very common in the 1970s and legally Guests: Jean-Pierre Aubry, Director of State and single fiduciary board, including KRS. The remaining limited a plan to certain investment options, for Local Research, Center for Retirement Research at quarter of plans generally utilized a separate fiduciary example limiting or restricting plans from investing Boston College. board for investment purposes, while just under 10 in equities. They are not as common today, but were LRC Staff: Jennifer Black Hans, Bo Cracraft, and percent of plans operated under an individual, sole extremely prohibitive up through the 1980s. Angela Rhodes. fiduciary. In response to questions from Mr. Chilton, Mr. Approval of Minutes Next, Mr. Aubry reviewed the average board Aubry stated that the scoring presented for Kentucky Senator Parrett moved that the minutes of the composition of plans in the PPD. On average just over in his presentation was based on the KRS board only. December 17, 2018 and March 25, 2019 meetings be half of a board’s members were plan participants, while In response to a follow up question, Mr. Aubry stated approved. Representative Pratt seconded the motion, the other half were a mix of ex-officio and general that the CRR does have information related to the and the minutes were approved without objection. public members. The KRS board had slightly fewer Teachers’ Retirement System (TRS) in their PPD, Representative Webber welcomed plan participants and a greater number of general but it was not included in this report. In response to Representative Pratt and Representative DuPlessis as public members as compared to the average large another follow up question, Mr. Aubry stated that new members to the committee. plans. Secondly, on average just under half of a board’s the CRR was not attempting to set best practices, but Study of Composition of Public Pension members were appointed to those positions, while rather study current board structures from a holistic Boards and Impact on Returns approximately a third were elected. He compared the standpoint and analyze if certain features tended to Jean-Pierre Aubry, Director of State and Local general results to the KRS board, which had a very lead to better performance. Research, Center for Retirement Research at Boston similar breakdown of elected trustees, but noted that In response to questions from Mr. Jefferson College (CRR) opened his discussion by providing

34 2019 Interim LEGISLATIVE RECORD regarding if there was any correlation between Chair; Representative John Blanton, Co-Chair; distribution method. The new method will ensure investment returns and plans with separate investment Representative Derek Lewis; Charles Byers, John 10 percent of the total pool funding will be used as a and fiduciary boards, Mr. Aubry stated that is a topic Chilton, Carole Henderson, John Hodgson, Dr. Patsy base, with 1 percent going to each of the universities, the CRR is still investigating. He noted that research Jackson, William Landrum, Mark Overstreet, and and two percent going to the Kentucky Community conducted before the financial crisis showed some Katie Shepherd. and Technical College System. The CPE Finance outperformance by plans that had separate investment Guests: Benjamin F. Adams, III, Commissioner, Committee and the postsecondary institutions councils, but since the crisis the data is a bit less clear. Al Duncan, Branch Manager, Kentucky Veterans endorsed the change to the allocation method. In response to a follow up question regarding why Cemeteries, Charles Heater, Director, Kentucky 2020-2026 Statewide Capital Improvements CRR assigned a point of board effectiveness to plans Veterans Cemetery Central, Radcliff, Frank Kees, Plan with a single fiduciary board, Mr. Aubry responded Director, Kentucky Veterans Cemetery Northeast, Representative Blanton said the one item of the decision was largely based off of best practices and Grayson, Richard Stanley, Director, Kentucky Veterans business was approval of the 2020-2026 Statewide research work conducted by the International Center Cemetery West, Hopkinsville, Cathy Taylor, Director, Capital Improvements Plan. The capital plan for Pension Management and Keith Ambachtsheer, Kentucky Veterans Cemetery North, Williamstown, consists in part of three sets of state-funded project which points to a single fiduciary board having and Vaughda Wooten, Director, Kentucky Veterans recommendations in the categories of construction greater effectiveness. Cemetery Southeast, Hyden, Kentucky Department to protect investment in plant, new construction, and In response to questions from Senator Schroder of Veterans Affairs; and Shaun McKiernan, Director information technology. These projects were selected regarding board member financial expertise, Mr. of Budget and Finance, and Sherron Jackson, Senior individually by members and submitted to the board’s Aubry stated that the CRR does track and maintain Fellow, Council on Postsecondary Education (CPE). staff in late August. The project recommendations a breakdown for plans, including Kentucky, however, LRC Staff: Shawn Bowen, Julia Wang, and included: he noted this variable was very subjective and based Jennifer Luttrell. Construction (maintenance/renovation) largely on internal reviews of bios and resumes of Approval of Minutes Capital Renewal and Deferred Maintenance individual board members. Given this subjectivity, A motion to approve the minutes of Pool–KCTCS CRR is very cautious of how the data is used and does the September 9, 2019 meeting was made by Capitol Campus Upgrade–Finance and not include it in the PPD available online. In response Representative Lewis, seconded by Mr. Landrum, and Administration Cabinet to a follow up question regarding average tenure and approved by voice vote. Construct Morale Welfare and Recreation board size of KRS compared to the CRR research, Mr. Information Items Facility–Department of Military Affairs Aubry stated that he looks at the potential upside that Representative Blanton briefly discussed the Design the Renovation of CHR Building– can be gained by being outside the norm or average. information items, including the appointment of Finance and Administration Cabinet As in the case of board size, the research conducted by Dr. Patsy Jackson as a new board member, and the East Kentucky Correctional Complex Roof CRR would suggest that not much is gained by having naming of the new state office building in Frankfort Replacements–Department of Corrections more members. as the Mayo-Underwood Building. He noted that Facilities Renewal and Modernization– In response to an additional follow up question the Kentucky Veterans Cemetery North (KVCN) University of Kentucky regarding if complexity of a plan was considered when received the highest facility assessment score of any Install Solar Panels at Armories Statewide– looking at board size, Mr. Aubry stated their specific state veterans cemetery in the country after a two-day Department of Military Affairs research focused mostly on board and investment review process by the National Cemetery Association. Modernization Pool Kentucky National Guard– performance. However, he noted boards also have to KVCN scored an overall compliance percentage of Department of Military Affairs manage other administrative and benefit-related tasks 96%. Representatives of the Kentucky Department State Schools HVAC Pool–Department of that could require expertise outside of investments. of Veterans Affairs were then invited to the table to Education Senator Schroder commented that he believes that further discuss the facility assessment. State Schools Roof Repair and Replacement research on stakeholders other than financial experts Council on Postsecondary Education (CPE) Pool–Department of Education would be an asset. Asset Preservation Pool Allocations State Schools Safety and Security Pool– In response to a question from Representative Shaun McKiernan addressed the members in Department of Education Webber regarding other technical expertise, outside regard to concerns that were raised at the September Western State Hospital Electrical/Telecom of investments, that a plan could benefit from, Mr. 9 meeting regarding the equitable distribution of Upgrade Phase 3–Cabinet for Health and Family Aubry suggested having members with actuarial asset preservation pool funds to the postsecondary Services experience and individuals who have worked in institutions. CPE previously reported its intention to Construction (new) benefit administration as best practices. request $400 million in state bond funds in its 2020- Construct Armed Forces Readiness Center Mr. Chilton stated that he would like to see 2022 budget request to establish an asset preservation Somerset–Department of Military Affairs information that relates to TRS. pool. The $400 million, combined with anticipated Construct Bowling Green Veterans Center– With no further business, the meeting was institutional matching funds of $200 million, would Department of Veterans Affairs adjourned. allow for a $600 million pool to address high priority Construct Butler County Court Facility–Court asset preservation projects identified by the institutions. of Justice No funds will be requested for equipment or IT. The Construct Science and Engineering Building– CAPITAL PLANNING ADVISORY proposed project pool allocations were reported Morehead State University BOARD as follows: University of Kentucky-$2,242,371,700 Construct Two Medium Sized Box Hangars– Minutes of the 4th Meeting (36.8%); University of Louisville-$1,032,082,300 Transportation Cabinet of the 2019 Calendar (17%); Eastern Kentucky University-$438,941,900 Crittenden County Court Facility Renovation October 22, 2019 (7.2%); Kentucky Community and Technical and Addition–Court of Justice Call to Order and Roll Call College System-$758,556,600 ($12.5%); Kentucky Expand Campground–Kentucky Horse Park The 4th meeting of the Capital Planning State University-$113,775,500 (1.9%); Morehead Facilities Renewal and Modernization–Murray Advisory Board was held on Tuesday, October 22, State University-$321,567,500 (5.3%); Murray State State University 2019, at 1:00 PM, in Room 171 of the Capitol Annex. University-$347,559,000 (5.7%); Northern Kentucky HVAC Replacement and Repairs Kentucky State Representative John Blanton, Chair, called the University-$294,015,900 (4.8%); and Western Police Facilities–Kentucky State Police meeting to order, and the secretary called the roll. Kentucky University-$537,725,000 (8.8%). Improve Whalen Building and Bay Facility– Present were: Mr. McKiernan said the CPE Finance Committee University of Kentucky Members: Senator Stan Humphries, Co- met October 15 and developed a new asset pool Install Emergency Generators Luther Luckett

THE KENTUCKY GENERAL ASSEMBLY 35 and Green River Correctional Complexes– maintenance pools to address maintenance projects recommendations and the state-funded project Department of Corrections that would protect the state’s significant investment in recommendations. The motion also included the Install Yard Fence Luther Luckett Correctional its physical plant. authorization for staff to make the necessary editing Complex–Department of Corrections In response to a question from Mr. Chilton, changes in finalizing the plan for publication. Kentucky Exposition Center Replace Gate Ms. Bowen stated members initially selected 16 high Adjournment Entrances–State Fair Board priority projects in the category of construction to There being no further business, the meeting New Posts Construction Harlan and Richmond– protect investment in plant. Five of the 16 projects was adjourned at 1:31 PM. Kentucky State Police selected were administered by the Finance and Roof Repairs/Replacement Kentucky State Administration Cabinet. Those project include the GOVERNMENT CONTRACT Police Facilities–Kentucky State Police Capitol Building Window Restoration Project Phase State-Owned Dam Repair Pool–Department for 1, $2,100,000; Capitol First Floor Public Corridor REVIEW COMMITTEE Environmental Protection Renovation, $2,154,000; Capitol Great Hall Ceiling Committee Minutes November 13, 2019 State Superfund Sites Remediation–Department Repair, $1,400,000; Capitol Terrace and Tunnel for Environmental Protection Repairs, $3,500,000; and Upgrade Capitol Mechanical Call to Order and Roll Call Statewide Microwave Network (KEWS) Shelter and Electrical System Phase 2, $5,500,000. The The Government Contract Review Committee Upgrade–Commonwealth Office of Technology Finance Cabinet later amended its capital plan, met on Wednesday, November 13, 2019, at 10:00 AM, Information Technology deleting the five individual projects selected by in Room 131 of the Capitol Annex. Representative ATSC 3.0 Conversion Phase 2–Kentucky members and rolling them into a larger project Stan Lee, Chair, called the meeting to order, and the Educational Television (KET) known as the Capitol Campus Upgrade project, $43 secretary called the roll. Cable Infrastructure Improvements– million. The project listing was amended to reflect the Present were: Department of Parks potential inclusion (based upon a vote by the board) Members: Senator Stephen Meredith, Co-Chair; Case Management System–Education and of the Capitol Campus Upgrade project. Representative Stan Lee, Co-Chair; Senators Paul Workforce Development Cabinet In response to a question from Ms. Shepherd Hornback, and Phillip Wheeler; Representatives Child Support System (KASES III)–Cabinet for about the significant increase in the cost of the project, Charles Booker, Chris Fugate, and Mark Hart. Health and Family Services Ms. Bowen said the Capitol Campus Upgrade project Guests: Eric Clark, Tom Stratton, Dana Fohl, College to Career Pathways Portal–Council on includes a total of 13 projects spanning the six-year Tim Field, Kathy Rupinen, Cassandra Weiss, Jane Postsecondary Education planning period, and not just the five projects selected Fitzpatrick, Barry Swanson, and Scotty Day. DAIL System Modernization–Cabinet for by members. Mr. Landrum said it is the goal of the LRC Staff: Kim Eisner, Jarrod Schmidt, and Kim Health and Family Services Finance and Administration Cabinet to complete the Smith. Digitization Project–Kentucky Heritage Council Capitol Campus Upgrade project, which includes A motion was made by Representative Fugate to Emergency Radio System Replacement– the Capitol, the Capitol Annex, the Capitol parking approve Minutes of the October 2019, meeting of the Kentucky State Police garage, and the Governor’s Mansion. The project committee. Senator Wheeler seconded the motion, Enhance and Upgrade Cyber Security System– includes improvements to each floor of the Capitol, which passed without objection. Northern Kentucky University starting in the basement, and includes repairs to A motion was made by Senator Wheeler to Enterprise Content Management– or replacement of windows, ceilings, swing space, consider as reviewed the Personal Service Contract Commonwealth Office of Technology architectural finishes and fixtures, and upgrades List, with exception of those items selected for further Health Immunization Information System– to plumbing, electrical, mechanical, and HVAC review by members of the committee. Representative Department of Public Health systems. An architectural and engineering study was Hart seconded the motion, which passed without KASPER System–Cabinet for Health and Family conducted by K Norman Berry Associates Architects objection. Services to ensure the needed capital improvements were Online Permitting and Submittal (eForms)– included in the new project. The cabinet hopes to be A motion was made by Senator Wheeler to Energy and Environment Cabinet able to complete these renovations during downtime consider as reviewed the Personal Service Contract TWIST Modernization–Cabinet for Health and as not to interrupt the legislative sessions. Amendment List, with exception of those items Family Services There was a motion made by Representative selected for further review by members of the Upgrade Kentucky Regional Optical Network Lewis, seconded by Mr. Hodgson, and adopted by roll committee. Representative Hart seconded the motion, Infrastructure–CPE call vote to approve the revisions to the state-funded which passed without objection. The capital plan also included three updated project recommendations, and include the Capitol policy recommendations: Campus Upgrade project as a member selected A motion was made by Senator Wheeler to Budget Reserve Trust Fund: The board project recommendation. consider as reviewed the Memoranda of Agreement recommended that the Governor and the General In response to a question Mr. Chilton, List, with exception of those items selected for further Assembly place a high priority on maintaining Representative Blanton replied that the project review by members of the committee. Representative Budget Reserve Trust Fund balances and consider recommendations were listed in alphabetical order, Hart seconded the motion, which passed without linkage of deposits directly to revenues and statutory not priority order. He explained that the project objection. withdrawal provisions; recommendations to be included in the capital plan A motion was made by Senator Wheeler to Council on Postsecondary Education – Focus on are the projects that received the most votes from the consider as reviewed the Memoranda of Agreement Asset Preservation – Postsecondary Capital Projects: members. Amendment List, with exception of those items The board endorsed the Council on Postsecondary Mr. Hodgson recommended that the staff selected for further review by members of the Education’s multi-biennia strategy for financing the consider changing the voting method to reflect a committee. Representative Hart seconded the motion, capital needs of the postsecondary institutions. The project priority order and consider the dollar amount which passed without objection. board also recommended that the Governor and the of each project recommended. Representative General Assembly endorse the Council’s proposed Blanton said the recommendation will be taken into A motion was made by Senator Wheeler to asset preservation investment framework and provide consideration, and thanked Mr. Hodgson. consider as reviewed the Film Tax Incentive List, funding in the 2020-22 and subsequent state budgets. There was a motion made by Mr. Landrum, with exception of those items selected for further State Agency Maintenance Pools: The board seconded by Mr. Hodgson, and adopted by roll review by members of the committee. Representative recommended that, in each biennium, sufficient call vote to approve the draft 2020-2026 Statewide Hart seconded the motion, which passed without funding be appropriated for agency miscellaneous Capital Improvements Plan, including the policy objection.

36 2019 Interim LEGISLATIVE RECORD THE FOLLOWING PERSONAL SERVICE Trimeric Corporation, K20-138. Inc., 2000000701; University of Kentucky Research CONTRACTS WERE REVIEWED WITHOUT Foundation, 2000000707; Department of Corrections, OBJECTION: UNIVERSITY OF LOUISVILLE 2000000751. Denise Fitzpatrick, 20-033; R. William Funk and DEPARTMENT FOR COMMUNITY BASED Associates, 20-042. CHFS - DEPARTMENT FOR AGING AND SERVICES INDEPENDENT LIVING Microstaff It Holdings, Inc., 2000000562. Elderserve, Inc., 2000000497. THE FOLLOWING PERSONAL SERVICE DEPARTMENT OF CRIMINAL JUSTICE COUNCIL ON POSTSECONDARY AMENDMENTS WERE REVIEWED WITHOUT EDUCATION TRAINING OBJECTION: Barbara Lindsay Lepage, 2000000527. Collaborative for Teaching, 2000000717. DEPARTMENT OF HIGHWAYS DEPARTMENT FOR INCOME SUPPORT DEPARTMENT FOR COMMUNITY BASED American Engineers, Inc., 2000000705; Allen Thomas Griffin II, 1900003618. SERVICES HMB Engineers, Inc., 2000000715; Michael Baker University of Louisville Research Foundation, DEPARTMENT OF HIGHWAYS 2000000747. International, Inc., 2000000723; Corradino Group, Florence & Hutcheson, 1300002157; URS 2000000724; Strand Associates, Inc., 2000000850; Corporation, 1300002471; URS Corporation, DEPARTMENT FOR ENVIRONMENTAL WSP USA, Inc., 2000000852; HMB Engineers, Inc., 1500002149; QK4, 1500002608; Stantec Consulting PROTECTION 2000000881. Services, Inc., 1500002760; Garver, LLC, 1600000593; City of Bowling Green, 2000000457. DEPARTMENT OF JUVENILE JUSTICE Hanson Professional Services, Inc., 1600000599; URS Corporation, 1600000641; QK4, Inc., 1800000418; DEPARTMENT FOR LOCAL GOVERNMENT Brenda K. Wilburn, 2000000303; Brenda City of Manchester, 2000000580; Floyd County Wilburn, 2000000311. HDR Engineering, Inc., 1800000419; Garver, LLC, 1800000736; Aecom Technical Services, Fiscal Court, 2000000589; Pendleton County Fiscal EASTERN KENTUCKY UNIVERSITY Inc., 1800000898; Aecom Technical Services, Inc., Court, 2000000590; Owsley County, 2000000601; Employee Network, Inc., 20-282; Mary 1800001971; QK4, Inc., 1900002166; Gresham Smith, Harlan County Fiscal Court, 2000000604; City Clements, 20-285; Element Design, 20-287. C-99005237. of Hazard, 2000000621; Harlan County Fiscal Court, 2000000627; Harlan County Fiscal Court, FACILITIES & SUPPORT SERVICES FACILITIES & SUPPORT SERVICES 2000000629; City of Franklin, 2000000642. Omni Architects, 1900003710; Strand Omni Architects, 0700003255; URS Associates, Inc., 2000000293; Architectural Corporation, 1500001991; Ross Tarrant Architects, DEPARTMENT FOR NATURAL RESOURCES Investments, 2000000358; GRW Engineers, Inc., Inc., 1600001849; Ross Tarrant Architects, Inc., Multi, 2000000089. 2000000646; EOP Architects PSC, 2000000693. 1800000590; CMTA, Inc., 1900002342; EOP DEPARTMENT OF CORRECTIONS Architects, PSC, 1900002963. KENTUCKY EMPLOYERS MUTUAL Lexington Fayette Urban County Government, INSURANCE KENTUCKY EMPLOYERS MUTUAL 1900003102; University of Kentucky Research Occupational Managed Care Alliance, Inc., 20- INSURANCE Foundation, 1900004954. OMC-001; Watchpoint, LLC, 20-WCH-001. Dinsmore & Shohl, LLP, 20-DAS-001; GENEX DEPARTMENT OF EDUCATION Services, LLC, 20-GEN-001. KENTUCKY LOTTERY CORPORATION Johns Hopkins University, 1900004678; Simpson The Buntin Group, Inc., 20-16-044-2A. KENTUCKY HIGHER EDUCATION County Board of Education, 2000000488; Green ASSISTANCE AUTHORITY County Board of Education, 2000000565; Nelson KENTUCKY RETIREMENT SYSTEMS Morgan Stanley Domestic Holdings, County Board of Education, 2000000668; Advance Sammie Pigg, 2000000655. 1900002606; Morgan Stanley Domestic Holdings, Education, Inc. / Cognia, Inc., 2000000750. 1900002607. KENTUCKY STATE POLICE DEPARTMENT OF MILITARY AFFAIRS Jeffery Mark Burden Sr., 2000000757; Janet MURRAY STATE UNIVERSITY Multi, 2000000426. L. Barnett, 2000000824; Bramlett Joe Burton, Dean Dorton Allen Ford, PLLC, 019-19. 2000000826; Michael A. Woodrum, 2000000827; KENTUCKY FISH AND WILDLIFE Virgil Rucker, 2000000896; Mark Treadway, TRANSPORTATION - OFFICE OF THE RESOURCES 2000000897; Christopher Crockett, 2000000898. SECRETARY University of Kentucky, 2000000494. PFM Financial Advisors, LLC, 1800001568; KENTUCKY STATE POLICE KENTUCKY STATE UNIVERSITY Thomas Ray Garner, 1800001757. Megal Lincavage d/b/a Sutherland Associates, Bluegrass Community and Technical College, 20-28. UNIVERSITY OF KENTUCKY 2000000598. Staggs & Fisher Consulting Engineers, A191140. KY COMMUNITY TECHNICAL COLLEGE OFFICE OF ENERGY POLICY SYSTEM UNIVERSITY OF LOUISVILLE University of Kentucky Research Foundation, Economic Modeling, LLC, 779; Commonwealth Multi, 19-007; Snell & Wilmer, LLP, 19-033. 2000000846. Economics, 781. TRANSPORTATION - OFFICE OF THE NORTHERN KENTUCKY UNIVERSITY SECRETARY Intrinzic, Inc., 2020-107; Ruffalo Noel Levitz THE FOLLOWING MEMORANDA OF University of Kentucky Research Foundation, (RNL), 2020-108. AGREEMENTS WERE REVIEWED WITHOUT 2000000435; University of Kentucky Research OBJECTION: Foundation, 2000000436; University of Kentucky UNIVERSITY OF KENTUCKY Research Foundation, 2000000437; University Koch Modular Process Systems, K20-133; BEHAVIORAL HEALTH, DEVELOPMENTAL of Kentucky Research Foundation, 2000000440; Worley Group, Inc., K20-134; Marshall Medical & INTELLECTUAL DISABILITIES University of Kentucky Research Foundation, Management, LLC, K20-135; Smith Management Isaiah House, 2000000662; Kings Daughters 2000000582. Group, K20-136; Trifecta Media, LLC, K20-137; Medical Center, 2000000666; Shepherds House, THE KENTUCKY GENERAL ASSEMBLY 37 THE FOLLOWING MEMORANDA EASTERN KENTUCKY UNIVERSITY OF AGREEMENT AMENDMENTS WERE Wyatt, Tarrant & Combs, LLP, 20-286. Dana REVIEWED WITHOUT OBJECTION: Fohl discussed the contract with the committee. A motion was made by Senator Meredith to consider the BEHAVIORAL HEALTH, DEVELOPMENTAL contract as reviewed. Representative Hart seconded & INTELLECTUAL DISABILITIES the motion, which passed. Louisville Jefferson County Metro Government, 1800002028; Transitions, Inc. d/b/a Women’s KENTUCKY EMPLOYERS MUTUAL Residential, 1900001954; Federation of Appalachian INSURANCE Housing Enterprises, Inc., 1900003586; Volunteers The Cicotte Law Firm, PLLC, 20-CLF-001; Stoll of America Mid-States, Inc., 1900003854; Norton Keenon Ogden, PLLC, 20-SKO-001; Wyatt Tarrant Healthcare, 2000000209. Combs, PLLC, 20-WTC-001. Tim Field discussed the contracts with the committee. A motion was CHFS - DEPARTMENT FOR AGING AND made by Senator Wheeler to consider the contracts INDEPENDENT LIVING as reviewed. Representative Fugate seconded the Multi, 1900000822. motion, which passed. DEPARTMENT FOR COMMUNITY BASED KENTUCKY RETIREMENT SYSTEMS SERVICES Reinhart Boerner Vandeuren PSC, 1900004767; Gods Pantry Food Bank, Inc., 1900001167. Stoll Keenon Ogden, PLLC, 1900004771; Frost Brown Todd, LLC, 1900004782. Cassandra Weiss and Kathy DEPARTMENT FOR LOCAL GOVERNMENT Rupinen discussed the contracts with the committee. A Webster County Fiscal Court, 2000000157. motion was made by Senator Hornback to disapprove the contracts. Representative Hart seconded the DEPARTMENT FOR MEDICAID SERVICES motion, which passed with Representative Booker University of Louisville Research Foundation, voting no. 1900002946. MOREHEAD STATE UNIVERSITY DEPARTMENT FOR PUBLIC HEALTH MML&K Government Solutions, 20-017. Kings Daughters Medical Center, 1900000462; Jane Fitzpatrick discussed the contract with the Grace Community Health Center, Inc., 1900000865; committee. A motion was made by Senator Wheeler Shawnee Christian Healthcare Center, Inc., to consider the contract as reviewed. Representative 1900000909; University of Kentucky Research Hart seconded the motion, which passed with Senator Foundation, 1900003049; Multi, 1900004005. Hornback voting no. DEPARTMENT OF AGRICULTURE Multi, 1900003210; Multi, 1900003211. THE FOLLOWING PERSONAL SERVICE DEPARTMENT OF EDUCATION CONTRACT FOR $10K AND UNDER WERE Jefferson County Board of Education,SELECTED FOR FURTHER REVIEW: 1900004120; Office of Employer and Apprenticeship Services, 1900004524. UNIVERSITY OF KENTUCKY OFFICE OF HEALTH DATA AND ANALYTICS eLink Design, 20-010. Barry Swanson and Scotty Multi, 1900003614. Day discussed the contract with the committee. A motion was made by Senator Hornback to consider the contract as reviewed. Representative Booker seconded the motion, which passed with Senator THE FOLLOWING FILM TAX INCENTIVES Wheeler voting no. WERE REVIEWED WITHOUT OBJECTION:

TOURISM - OFFICE OF THE SECRETARY Stargazer Corporation, 2000000975. EXEMPTION REQUEST: KENTUCKY DEPARTMENT OF AGRICULTURE: THE FOLLOWING PERSONAL SERVICE The Kentucky Department of Agriculture CONTRACTS WERE SELECTED FOR FURTHER requested an exemption from Committee Policy REVIEW: Statement 99-4, which prohibits contracts and agreements from extending beyond biennium for two DEPARTMENT FOR COMMUNITY BASED agreements (PON02-035-2000000734 and PON2- SERVICES 035-200000735) for the purpose of encouraging Midwest Church of Christ, Inc., 2000000172. young farmers and agriculture in Kentucky. A motion Erick Clark and Tom Stratton discussed the was made by Senator Meredith to grant the request contract with the committee. A motion was made to December 31, 2020. Representative Hart seconded by Senator Hornback to consider the contract as the motion, which passed without objection. reviewed. Representative Hart seconded the motion, There being no further business, the meeting which passed with Senator Meredith voting no and adjourned at 12:02 PM. Representative Booker voting to pass.

38 2019 Interim LEGISLATIVE RECORD 2020 Prefiled Bills BR9 - Representative Danny Bentley (10/24/2019) BR3 - Representative Rob Wiederstein (Prefiled by the sponsor(s).) (11/7/2019) AN ACT relating to prescription drugs. BR6 - Representative Diane St. Onge Amend KRS 304.17A-164 to define "fi- AN ACT relating to government data by (4/18/2019) nancial assistance" and "generic alternative;" and providing for the adoption of an open data standard to require an insurer to apply financial assistance to allow for centralization of government data sets AN ACT relating to cruelty to equines. received by an insured toward any cost sharing owed at a uniquely identified uniform Web site resource Create a new section of KRS by the insured with certain exceptions; EFFECTIVE locator address. Chapter 525 to prohibit cruelty to equines, including January 1, 2021. Create new sections of KRS situations involving abuse or neglect; make cruel- (Prefiled by the sponsor(s).) Chapter 42 to define "agency strategic data archi- ty to equines a Class D felony and provide for the tecture plan," "application programming interface," termination of ownership; list exceptions; establish a BR23 - Representative Charles Booker "data," "data portal," "data set," "machine-readable," short title of "Klaire's Law." (5/3/2019) "metadata," "open operating standard," "public data (Prefiled by the sponsor(s).) set," "state agency," "technical data standard," and AN ACT proposing an amendment to Sec- "voluntary consensus standards body"; create an BR7 - Representative Danny Bentley tion 145 of the Constitution of Kentucky relating to open operating standard for the Commonwealth of (6/4/2019) persons entitled to vote. Kentucky; require public data sets available on the Propose to amend Section 145 of Internet to be accessible through a single, Web-based AN ACT relating to voluntary non-opioid the Constitution of Kentucky to restore voting rights data portal with external search capabilities main- directives. to persons convicted of felonies upon completion of tained by the Commonwealth Office of Technology; Create a new section of KRS their sentence; submit to the voters for ratification or establish requirements for operation of the data por- Chapter 218A to define terms and to establish a rejection. tal; establish standards for prioritizing of data sets; voluntary non-opioid directive form to inform (Prefiled by the sponsor(s).) to create the data working group and establish its practitioners that an opioid drug shall not be pre- duties and functions; require the Auditor of Public scribed, ordered, or administered to a patient who BR27 - Representative Attica Scott Accounts to examine and verify compliance with has filed the form with the Cabinet for Health and (5/10/2019) the provisions of the Act; establish the Kentucky Family Services; amend KRS 218A.172 to require Data Governance and Management Advisory Board; a practitioner to determine if a patient has filed a AN ACT relating to historical instruction. amend KRS 12.050 to include agency data officers; voluntary non-opioid directive and to provide the Create a new section of KRS amend KRS 42.732 to provide that the Kentucky patient with a copy of the form prior to prescribing Chapter 158 to require African history instruction Information Technology Advisory Council shall an opioid drug; amend KRS 218A.202 to establish in certain middle and high school world history advise the data working group on inclusion of data that the electronic monitoring system established and civilization courses; require Native American sets to be included in the open data portal; amend in this section shall permit the cabinet to report and history instruction in certain middle and high school KRS 42.726 require the Commonwealth Office of document receipt of a voluntary non-opioid directive United States history courses; require the Kentucky Technology to develop, implement, and manage the and to permit a practitioner to determine if a patient Board of Education to promulgate administrative sharing of data and data set development by all state has filed a voluntary non-opioid directive. regulations establishing academic standards for the agencies; establish a short title. (Prefiled by the sponsor(s).) required historical instructions; require local school (Prefiled by the sponsor(s).) boards to adopt curricula for required instruction; BR8 - Representative Danny Bentley require the Department of Education to collaborate BR4 - Representative Rob Wiederstein (10/24/2019) with the Kentucky African American Heritage and (9/25/2019) the Kentucky Native American Heritage Commis- AN ACT relating to controlled substances. sion to develop recommended curricula and instruc- AN ACT relating to legislative account- Create a new section of KRS tion guidelines for the required historical instruction, ability by providing for the expanded use of cost es- Chapter 218A to require a practitioner to offer a elective high school course offerings in African timates, a regulatory impact assessment of pending prescription for naloxone hydrochloride or another history and Native American history, and relevant legislation, and the limitation of bill introductions drug approved by the Food and Drug Administra- professional development materials. during a regular session. tion for the complete or partial reversal of opioid (Prefiled by the sponsor(s).) Create new sections of KRS depression when prescribing an opioid drug and to Chapter 6 to define "fiscal note," "machine-read- provide education on overdose prevention and on BR31 - Representative Derek Lewis able," and "regulatory burden"; establish require- use of an opioid depression reversal drug; amend (7/2/2019) ments for fiscal notes; allow the waiver of the fiscal KRS 218A.172 to delete reference to Schedule III note requirements; establish responsibilities of the controlled substances containing hydrocodone and AN ACT relating to teachers and making Legislative Research Commission in regard to fiscal to add issues that a practitioner is required to discuss an appropriation therefor. notes; allow for the validity of any measure duly with a patient prior to prescribing or dispensing Create a new section of KRS passed by the legislature even if fiscal note or bill a controlled substance to a patient; amend KRS Chapter 164 to define terms; establish a student loan limit requirements are not met; create a new section 205.529, 218A.205, and 304.17A-165 to delete forgiveness program for STEM teachers employed of KRS Chapter 6 to establish bill filing limitations reference to Schedule III controlled substances con- at a public school district within a federally desig- for regular sessions and allow exemptions; amend taining hydrocodone. nated promise zone; authorize the Kentucky Higher various KRS statutes for technical corrections and (Prefiled by the sponsor(s).) Education Assistance Authority to promulgate ad- conforming changes.

THE KENTUCKY GENERAL ASSEMBLY 39 ministrative regulations to administer the program; ambulance service within the district; declare status nitions relating to certificate of need; amend KRS create the STEM teacher promise zone scholarship for secondary providers of emergency ambulance 216B.020 to delete exemptions to the certificate fund; APPROPRIATION. service; require that the additional tax moneys of need; amend KRS 216B.042 to delete reference (Prefiled by the sponsor(s).) allowed for being a primary provider are no longer to the certificate of need; amend KRS 216B.0445 allowable; and require local governments providing to delete the requirement for a certificate of need; BR32 - Representative Jerry Miller secondary emergency ambulance service within the amend KRS 216B.065 to delete the requirement for (8/21/2019) district or subdistrict within the boundaries of the a certificate of need; amend KRS 216B.066 to delete county containing the largest population within the the requirement for a certificate of need; amend AN ACT relating to the taxation of tobacco district boundaries to credit the amount of taxes paid KRS 216B.115 to delete reference to the certificate products. by taxpayers of the district or subdistrict for emer- of need; amend KRS 216B.131 to delete reference Amend KRS 138.130 to define gency ambulance service to the taxes owed to the to the certificate of need; amend KRS 216B.185 to terms; amend KRS 138.140 to impose an excise tax local government by the taxpayer. correct a statutory citation; amend KRS 216B.250 to on vapor products; amend KRS 138.143 to impose a (Prefiled by the sponsor(s).) change Human Resources to Health and Family Ser- floor stock tax; EFFECTIVE 11:59 p.m. on June 31, vices; amend KRS 216B.300 to correct a statutory 2020. BR47 - Representative Les Yates citation; amend KRS 216B.332 to delete exemption (Prefiled by the sponsor(s).) (9/12/2019) from certificate of need; amend KRS 216B.455 to delete the requirement for a certificate of need; BR36 - Representative John Sims Jr AN ACT relating to vacancies in elective amend KRS 216B.457 to delete the requirement (7/12/2019) office. for a certificate of need; amend KRS 216B.990 Amend KRS 83A.165, 118.115, to delete penalty for not obtaining a certificate of AN ACT relating to an increase in tax rates. 118.165, 118.365, 118.375, and 118A.100 to extend need; amend KRS 218A.175 to correct a statutory Amend KRS 139.200 to provide by ten calendar days the deadline for filing nomina- reference; amend KRS 304.17-312, 304.17-313, for a sales and use tax rate of eight percent (8%) tion papers to fill an unexpired term if the vacancy 304.17-317, 304.18-035, 304.18-037, 304.32-156, on or after January 1, 2021; amend KRS 139.230 occurs five calendar days or less before the pre- 304.32-280, 304.38-210, and 311.760 to replace and 139.310 to conform; amend KRS 139.471 to scribed deadline; amend KRS 118.225 to conform; the Kentucky Health Facilities and Health Services provide a six percent (6%) sales tax rate on proper- amend KRS 132.380 to require an examination Certificate of Need and Licensure Board with the ty purchased for use in the performance of a lump whenever there is a vacancy in the office of property Cabinet for Health and Family Services; amend sum, fixed fee contract, sales made under a fixed fee valuation administrator and to direct that the certifi- KRS 304.17A-147 to correct a statutory reference; contract, or sales made under a fixed price contract, cates of any examination shall remain valid for four amend KRS 304.17A-1473 to correct a statutory ref- if the contracts were executed on or before July 10, years. erence; amend KRS 304.38-020 to delete reference 2019; amend 138.460 to provide for a motor vehicle (Prefiled by the sponsor(s).) to the certificate of need; amend KRS 304.38-040 usage tax rate of eight percent (8%) on vehicles to delete required evidence of a certificate of need; purchased on or after January 1, 2021; amend BR48 - Representative Rob Wiederstein amend KRS 304.38-090 and KRS 304.38-130 to KRS 138.463 to provide for an eight percent (8%) (11/4/2019) replace the Kentucky Certificate of Need and Licen- U-Drive-It tax rate for rental and leasehold contracts sure Board with the Cabinet for Health and Family entered into after January 1, 2021; amend KRS AN ACT relating to physician employment Services; amend KRS 311.377 to delete references 139.260 and 139.470 to conform. contracts. to the certificate of need; amend KRS 314.027 to (Prefiled by the sponsor(s).) Create a new section of KRS delete reference to the certificate of need; amend 311.530 to 311.620 to make non-compete provisions KRS 347.040 to delete reference to the state health BR37 - Representative Randy Bridges, Representa- in physician and osteopath employment contracts plan; repeal KRS 211.9523, 216B.010, 216B.035, tive Brandon Reed void and unenforceable, except in limited circum- 216B.040, 216B.061, 216B.0615, 216B.062, (10/1/2019) stances when the contract is for the sale of a practice 216B.085, 216B.086, 216B.090, 216B.095, or for employment as a faculty member at a medical 216B.125, 216B.130, 216B.180, and 216B.182; AN ACT relating to crimes against sports school. EMERGENCY. officials. (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) Amend KRS 518.090 to make assault of a sports official a Class D felony; create BR49 - Representative Rob Wiederstein BR50 - Representative Rob Wiederstein a new section of KRS Chapter 518 to establish the (10/31/2019) (10/31/2019) offense of intimidation of a sports official as a Class A misdemeanor; state that the restrictions of KRS AN ACT relating to elimination of the AN ACT relating to health care to provide 6.945(1) do not apply. certificate of need and declaring an emergency. for an all-payer claims database and making an (Prefiled by the sponsor(s).) Amend KRS 13B.020 to delete appropriation therefor. reference to certificate of need hearings; amend Create a new section of Subtitle BR45 - Representative Jason Nemes KRS 194A.010 to delete reference to the certifi- 17A of KRS Chapter 304 to require the commission- (6/19/2019) cate of need and the state health plan; amend KRS er of the Department of Insurance to establish an 194A.030 to delete reference to the certificate of advisory committee to make recommendations re- AN ACT relating to fire districts. need; amend KRS 211.192 to correct a statutory garding the creation of a Kentucky all-payer claims Amend KRS 75.040 to deem that citation; amend KRS 205.634 to delete requirement database; establish the Kentucky all-payer claims emergency ambulance service provided by a fire for certificate of need; amend KRS 216.361 to delete database fund; APPROPRIATION. protection district, volunteer fire department district, requirement for certificate of need; amend KRS (Prefiled by the sponsor(s).) or subdistrict, is the primary emergency ambulance 216.380 to delete requirement for certificate of need service within the district or subdistrict in the bound- and reference to the state health plan; amend KRS BR61 - Representative Attica Scott, Representative aries of the county containing the largest popula- 216.560 to correct a statutory citation; amend KRS Mary Lou Marzian, Representative Charles Booker, tion within the district boundaries; add a method 216.885 to delete requirement for certificate of need; Representative Joe Graviss, Representative Kathy for boards of trustees to declare that the district or amend KRS 216B.015 to delete and correct defi- Hinkle, Representative Nima Kulkarni subdistrict is not the primary provider of emergency (7/9/2019)

40 2019 Interim LEGISLATIVE RECORD tion," "professional employer services," "registrant," or less, and to prevent members of the House of AN ACT relating to public charter schools. and "temporary help service"; indicate that covered Representatives from serving more than six consec- Amend KRS 156.095 and KRS employees shall be deemed employees of the client utive terms of office, not including partial terms of 158.4416 to remove references to public charter for purposes of determining tax credits or economic two years or less, beginning with those elected in schools; repeal KRS 160.1590, 160.1591, 160.1592, incentives; require a person providing professional November 2022; allow legislators to resume service 160.1593, 160.1594, 160.1595, 160.1596, 160.1597, employer services to be registered and to set forth in the house from which they were term-limited after 160.1598, 160.1599, and 161.141. the registration requirements; require professional two or more years have elapsed; provide ballot lan- (Prefiled by the sponsor(s).) employer organizations to pay a registration fee; guage; submit to voters for ratification or rejection. require a professional employer organization to (Prefiled by the sponsor(s).) BR66 - Representative Rob Wiederstein either maintain positive working capital or provide a (10/30/2019) bond, letter of credit, or security; set forth the rights BR79 - Representative Attica Scott and responsibilities of parties to a co-employment (5/23/2019) AN ACT relating to community healthcare agreement; set forth the health insurance obligations foundations by providing for the approval and over- of professional employer organizations; set forth the AN ACT relating to the investigation of a sight of not-for-profit hospital, health maintenance workers' compensation requirements of professional shooting or deadly incident by a law enforcement organization, and healthcare insurer conversions, employer organizations and the client; set forth the officer. and declaring an emergency. unemployment insurance obligations of the profes- Create new sections of KRS Create new sections of KRS Chap- sional employer organization and the client; prohibit Chapter 15A to provide definitions and establish an ter 367 to provide definitions concerning nonprofit a person from knowingly providing professional em- Officer Shooting Review Board to investigate any healthcare conversion transactions; provide notifi- ployer services without becoming registered and set shooting of an individual by a law enforcement offi- cation requirements; require the Attorney General forth actions that may be taken by the Labor Cabinet cer or officers or any deadly incident involving law to notify a nonprofit healthcare entity regarding the against any person in violation; amend KRS 336.990 enforcement; set requirements for board members; status of a decision; require that the Attorney Gen- to provide a civil penalty; amend the definition of provide duties of the board; specify requirements eral to hold public meetings related to the proposed "premium" in KRS 342.0011 to include co-employ- related to investigatory work performed by the nonprofit healthcare conversion transaction; specify ment relationships with a professional employer or- Kentucky State Police Critical Incident Response what the Attorney General must consider in deter- ganization; amend KRS 342.990 to delete references Team on behalf of the board; establish investigatory mining whether to approve or disapprove a proposed to KRS 342.615; repeal KRS 342.615; state that the procedures and protocols; provide requirements for nonprofit healthcare conversion transaction includ- provisions of this Act are severable. submission of the board’s report to the Common- ing a requirement that the Attorney General consult (Prefiled by the sponsor(s).) wealth's attorney of the jurisdiction in which the with and receive expert advice; require the Attorney shooting or deadly incident took place or to the General to also determine the impact of the proposed BR76 - Representative Rob Wiederstein Attorney General; provide requirements for inde- nonprofit healthcare conversion transaction on the (10/1/2019) pendent investigation of any shooting of an individ- affected community; allow the Attorney General to ual by a law enforcement officer or officers or any request additional information necessary to complete AN ACT relating to evidence-based budget deadly incident involving law enforcement. a review of the proposed nonprofit healthcare con- allocations by providing for the formation of the (Prefiled by the sponsor(s).) version transaction; authorize the Attorney General Office for Program Evaluation and Quality Assur- to contract with additional counsel in order to assist ance within the Office of State Budget Director, BR80 - Representative Dennis Keene in the review of the proposed nonprofit healthcare the establishment of an evidence-based program (5/8/2019) conversion transaction; specify that the Attorney inventory, the regular evaluation of state programs, General is entitled to reimbursement from the the elimination of ineffective state programs, and the AN ACT relating to the expansion of gam- nonprofit healthcare entity for certain costs related creation of an evaluation officer position within state ing and making an appropriation therefor. to review of the proposed transaction; prescribe agencies. Create a new section of KRS parameters for public review of documents related Amend KRS 11.068 to abolish the Chapter 154A to state the findings of the General to the proposed healthcare conversion transaction; Governor's Office for Policy Research and to create Assembly; amend KRS 154A.010 to define, "au- prescribe penalties for a violation of this Act by a the Governor's Office for Program Evaluation and thorizing location," "casino," "county," "county nonprofit healthcare entity; specify the applicability Quality Assurance within the Office of State Budget legislative body," "department," "full casino gam- of this Act to current law; specify the parameters of Director; create new sections in KRS Chapter 11 to ing," "gaming licensee," "gross gaming revenue," this Act; provide that this Act may be cited as the define terms, require an inventory of evidence-based "handle," "licensee," "limited casino gaming," and Kentucky Nonprofit Healthcare Conversion Act; programs, create the evidence building workgroup, "principal"; amend KRS 154A.030 to expand the amend KRS 386B.4-130 to conform; EMERGEN- require reporting by the program agencies, and lapse Lottery Corporation board membership and duties; CY. state funding for any program if the program agency amend KRS 154A.040 to include casino licensees; (Prefiled by the sponsor(s).) does not comply with the reporting requirements; amend 154A.063 to remove prohibition against amend KRS 48.110 and 48.180 to conform. casino gaming; create new sections of KRS Chap- BR72 - Representative Melinda Prunty (Prefiled by the sponsor(s).) ter 154A to require a local option election in any (9/10/2019) precinct wanting to host a casino; describe the duties BR78 - Representative Rob Wiederstein of the county clerk and sheriff in a casino gaming AN ACT relating to the recognition and (10/28/2019) local option election; state requirements for local registration of professional employer organizations. option elections held on a day other than a regular Create new sections of KRS Chap- AN ACT proposing an amendment to Sec- election day; require the corporation to advertise an ter 336 to declare that professional employer organi- tion 32 of the Constitution of Kentucky relating to invitation to bid for casinos; require the corporation zations provide a valuable service to commerce and terms of members of the General Assembly. to evaluate all proposals for full casinos; establish should be properly recognized and regulated; define Propose to amend Section 32 of initial licensing fees for full casinos at $50 million "client," "co-employer," "co-employment relation- the Constitution of Kentucky to prevent Senators with an initial licensing period of ten years and an- ship," "covered employee," "professional employer from serving more than three consecutive terms nual renewal thereafter at $6 million per year; permit organization group," "person," "professional em- of office, not including partial terms of two years limited casino gaming at horse racing tracks licensed ployer agreement," "professional employer organiza- under KRS Chapter 230; establish requirements for THE KENTUCKY GENERAL ASSEMBLY 41 limited casinos; establish requirements for any track BR83 - Representative Rob Rothenburger, Repre- holding a limited casino license; establish require- sentative Mark Hart BR87 - Representative C. Ed Massey ments for principals of any corporation granted a ca- (5/9/2019) (11/12/2019) sino license; create license application requirements for casino, manufacturer's, or supplier’s licenses; AN ACT relating to ground ambulance ser- AN ACT relating to school construction. prohibit anyone not licensed from selling, leasing, vice providers and making an appropriation therefor. Amend KRS 162.065 to require or otherwise furnishing gaming supplies; prohibit Create new sections of KRS the Kentucky Board of Education to include "con- anyone under the age of 21 from participating in Chapter 205 to define terms; establish the Medicaid struction management-at-risk" as a project delivery casino gaming; require the Lottery Corporation to ground ambulance service provider assessment; method option for school construction projects. determine occupations related to casino gaming that require ground ambulance service providers to pay (Prefiled by the sponsor(s).) require licensure and establish criteria for occupa- a Medicaid ambulance service provider assessment tional licensing; permit the corporation to initiate quarterly; authorize the Cabinet for Health and BR94 - Senator John Schickel disciplinary action against applicants and license Family Services to promulgate administrative regu- (6/4/2019) holders; establish an appeal process; create new sec- lations necessary to implement the Medicaid ground tions of KRS Chapter 138 to establish wagering and ambulance service provider assessment; create the AN ACT relating to criminal damage to admissions taxes to be remitted by gaming licensees ambulance service assessment revenue fund; AP- rental property. and full and limited casinos; create new sections of PROPRIATION. Create a new section of KRS KRS Chapter 154A to establish the casino gaming (Prefiled by the sponsor(s).) Chapter 512 to specify that a tenant who, having revenue distribution trust fund and limit that money no right to do so or any reasonable ground to be- to the benefit of the state retirement systems for the BR85 - Representative C. Ed Massey lieve that he or she has such right, intentionally or first ten years; establish the regional tourism and (6/18/2019) wantonly defaces, destroys, or damages residential infrastructure development fund and provide criteria rental property is to be charged with violating KRS for projects seeking money from the fund; waive AN ACT relating to the Honor and Remem- 512.020, 512.030, or 512.040 as appropriate. 15 U.S.C. secs. 1172, 1173, and 1174 for devices ber flag. (Prefiled by the sponsor(s).) authorized by this Act; require the corporation to Create a new section of KRS promulgate administrative regulations to define and Chapter 2 to designate the Honor and Remember BR95 - Representative Thomas Huff limit games and devices permitted for gaming in ca- flag as the state's emblem of the service and sacrifice (9/9/2019) sinos; provide guidelines for exclusion or ejection of of the brave men and women of the United States certain persons; define “cheat” and provide penalties Armed Forces who have given their lives in the line AN ACT relating to motor vehicle titles. for those who cheat at casino games; amend KRS of duty; specify locations, dates, and circumstances Amend KRS 186A.170, to require 243.500 to exempt limited or full casino gaming; under which the flag may be displayed. delivery of a motor vehicle title upon which there is amend KRS 525.090 to exempt persons engaged (Prefiled by the sponsor(s).) a security interest to the holder of the security inter- in casino gaming; amend KRS 528.010 to exempt est rather than the owner of the vehicle; amend KRS gambling activity and devices licensed under KRS BR86 - Representative C. Ed Massey 186.045 to require the holder of a security interest Chapter 154A; amend KRS 528.020 to conform; (11/13/2019) who has possession of a vehicle title to transmit that amend KRS 528.070 to exempt activity licensed title to the owner when the security interest has been under KRS Chapter 154A; amend KRS 528.080 to AN ACT relating to hearing officers. paid in full; set forth procedures for cases when the exempt those with the appropriate license required Amend KRS 311.591 to require title is not transferred; amend 186A.180 and 186.170 under KRS Chapter 154A; amend KRS 528.100 to the executive director of the Kentucky Board of to conform. exempt limited or full casino gaming licensed under Medical Licensure to request a hearing officer for (Prefiled by the sponsor(s).) KRS Chapter 154A; APPROPRIATION; EFFEC- administrative hearings relating to discipline of phy- TIVE DATE DELAYED. sicians or doctors of osteopathic medicine; require BR97 - Representative Susan Westrom (Prefiled by the sponsor(s).) the hearing officer to be randomly selected by the (11/18/2019) Attorney General or his or her designee from a pool BR82 - Representative Rob Rothenburger, Repre- of qualified hearing officers; require the hearing AN ACT relating to interpersonal protec- sentative Mark Hart officer to have at least five years of experience in tive orders. (6/10/2019) the practice of law; require the hearing officer to be Amend KRS 456.030 to provide familiar with the law relating to licensure, quali- that a mental health professional or clergy person AN ACT relating to tuition benefits and fications, and credentials of physicians or doctors who provides pastoral care and who is a victim of making an appropriation therefor. of osteopathic medicine and other qualifications as stalking or assault by a patient may petition for an Amend KRS 164.2841, relating to determined by the board; allow the Attorney Gen- interpersonal protective order; and amend KRS college tuition benefits for spouses and children of eral or his or her designee to contract with private 456.010 to include definitions to clarify. specified emergency response personnel and public attorneys if there are no qualified hearing officers in (Prefiled by the sponsor(s).) employees who have died in the course of their the pool who meet the qualifications of this section; duties to specify that the beneficiary is eligible for require the hearing officer to issue recommendations BR102 - Representative R. Travis Brenda up to a maximum of 128 credit hours of undergrad- to the board; require the board to consider hearing (9/12/2019) uate instruction; amend KRS 164.2842, relating to officer recommendations and issue a final order college tuition benefits for spouses and children of relating to the discipline of a physician or doctor of AN ACT relating to the taxation of certain specified emergency response personnel and public osteopathic medicine; eliminate all references to the services. employees who have been totally and permanently hearing panel; prohibit a hearing officer from revok- Amend KRS 139.200 to exclude disabled in the course of their duties to specify that ing any licenses or placing any licensees on pro- mowing, fence cleaning, and other pasture mainte- the beneficiary is eligible for up to a maximum of bation; amend KRS 161.790 to ensure that hearing nance services performed on agricultural or hor- 128 credit hours of undergraduate instruction. officers in teacher tribunals are randomly selected; ticultural land for a farmer or retired farmer from (Prefiled by the sponsor(s).) amend KRS 311.550, KRS 311.565, KRS 311.572 & landscaping services; EFFECTIVE August 1, 2020. KRS 311.594 to conform. (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).)

42 2019 Interim LEGISLATIVE RECORD BR105 - Representative Danny Bentley specify that all residual landfills are included in the tative Walker Wood Thomas, Representative Ken (6/4/2019) process of local determination and remove the ex- Upchurch ception for private facilities that dispose of waste on (7/9/2019) AN ACT relating to prescription insulin. their own private property; amend KRS 224.40-315 Amend KRS 304-17A.148 to cap to remove the exception for private facilities that AN ACT relating to the Bowling Green the cost sharing requirements for prescription insulin dispose of their own waste on their own property Veterans Center, making an appropriation therefor, at $100 per 30 day supply; EFFECTIVE January 1, from the requirements to obtain approval from local and declaring an emergency. 2021. governing body when a municipal solid waste dis- Appropriate to the Department of (Prefiled by the sponsor(s).) posal facility seeks to expand or construct a facility. Veterans' Affairs $2,500,000 from the General Fund (Prefiled by the sponsor(s).) in fiscal year 2019-2020 for design and preconstruc- BR107 - Representative Attica Scott tion costs for the Bowling Green Veterans Center; (7/11/2019) BR119 - Senator C.B. Embry Jr. stipulate that appropriations in this Act shall be (8/20/2019) paid from the General Fund Surplus Account or the AN ACT relating to an exemption of femi- Budget Reserve Trust Fund Account; APPROPRIA- nine hygiene products from sales and use taxation. AN ACT relating to road safety. TION; EMERGENCY. Amend KRS 139.010 to define Amend KRS 512.070 to include, (Prefiled by the sponsor(s).) feminine hygiene products; amend KRS 139.480 to as criminal littering, permitting unsafe amounts of exempt from sales and use tax the sale or purchase leaves or mowed grass to remain on a highway. BR126 - Representative Josie Raymond of feminine hygiene products; apply to sales or pur- (Prefiled by the sponsor(s).) (7/22/2019) chases made after August 1, 2020, but before August 1, 2024; require Department of Revenue to report to BR120 - Representative Steve Riley, Representa- AN ACT relating to bullying. the Interim Joint Committee on Appropriations and tive Jason Nemes, Representative Rob Wiederstein, Amend KRS 158.148 to include Revenue the amount of exemptions claimed. Representative Lisa Willner incidents that occur at non-school-sponsored events (Prefiled by the sponsor(s).) (7/9/2019) or through the use of technology in the definition of bullying; require a school district's code of accept- BR109 - Representative Regina Huff AN ACT relating to corporal punishment in able behavior to include notification procedures for (9/25/2019) schools. parents in situations of alleged bullying; require Create a new section of KRS the school district's code of acceptable behavior to Direct the Transportation Cabi- 158.440 to 158.449 to define "corporal punishment"; include procedures for restoring a student's sense of net to designate mile-point 22 on Interstate 75, in prohibit a person employed by a school district from safety. Whitley County as the "Veterans Suicide Memorial using corporal physical discipline; amend KRS (Prefiled by the sponsor(s).) Mile"; erect the appropriate signage denoting this 158.444 to remove corporal punishment as a form designation. of discipline in a school; amend KRS 503.110 to BR127 - Representative (Prefiled by the sponsor(s).) remove the exception that permitted the use of phys- (7/9/2019) ical force by a teacher against a minor. BR113 - Representative Jason Nemes (Prefiled by the sponsor(s).) AN ACT proposing an amendment to Sec- (6/6/2019) tion 170 of the Constitution of Kentucky relating to BR121 - Representative Steve Riley exemptions from taxation. AN ACT relating to call centers. (7/19/2019) Propose to amend Section 170 of Create a new section of KRS the Constitution of Kentucky to exempt certain vet- Chapter 337 to require an employer intending to AN ACT relating to long-term care admin- erans' organizations from property taxation; provide relocate a call center from Kentucky to a foreign istrators. ballot question with proposed amendment; submit to country to notify the secretary of the Labor Cabinet Amend KRS 216A.070 to extend voters for ratification or rejection. at least 120 days prior to such relocation; require the temporary permits from a period not to exceed 6 (Prefiled by the sponsor(s).) secretary to compile a list of employers that have months to 9 months. relocated a call center to a foreign country; amend (Prefiled by the sponsor(s).) BR132 - Senator Reginald Thomas KRS 337.990 to create a civil penalty of not more (8/20/2019) than $1,000 for each violation; provide short title. BR124 - Representative Regina Huff (Prefiled by the sponsor(s).) (9/25/2019) AN ACT relating to wages. Amend KRS 337.010 to increase BR117 - Senator C.B. Embry Jr. AN ACT relating to bus safety. the applicable threshold of employees of retail stores (8/20/2019) Amend KRS 186.560 to allow the and service industries from $95,000 to $500,000 av- Transportation Cabinet to revoke the license of any erage annual gross volume of sales for the employer; AN ACT relating to the taxation of pension operator of a motor vehicle for a period of 90 days, amend KRS 337.275 to raise the state minimum income. upon receiving record of his or her conviction of wage to $8.20 per hour on July 1, 2020, $9.15 per Amend KRS 141.019 to increase illegally passing a school or church bus as outlined hour on July 1, 2021, $10.10 per hour on July 1, the pension income exclusion from $31,110 to in KRS 189.370; amend KRS 189.370 to conform. 2022, $11 per hour on July 1, 2023, $12.05 per hour $41,110. (Prefiled by the sponsor(s).) on July 1, 2024, $13.10 per hour on July 1, 2025, (Prefiled by the sponsor(s).) $13.95 per hour on July 1, 2026, and $15 per hour BR125 - Representative Michael Lee Meredith, on July 1, 2027, and to raise the state minimum BR118 - Senator C.B. Embry Jr. Representative Patti Minter, Representative Tim wage for tipped employees to $2.13 per hour on (9/5/2019) Moore, Representative Jason Petrie, Representative the effective date of the Act, $3.05 per hour on July Phillip Pratt, Representative Melinda Prunty, Repre- 1, 2021, $3.95 per hour on July 1, 2022, and $4.90 AN ACT relating to solid waste. sentative Brandon Reed, Representative Steve Riley, per hour on July 1, 2023; include anti-preemption Amend KRS 224.40-310 to Representative Bart Rowland, Representative Steve language permitting local governments to establish modify the definition of "waste disposal facility" to Sheldon, Representative Wilson Stone, Represen- minimum wage ordinances in excess of the state

THE KENTUCKY GENERAL ASSEMBLY 43 minimum wage. proof of a criminal citation or appeal the uniform BR151 - Representative Rob Rothenburger (Prefiled by the sponsor(s).) civil citation to the Transportation Cabinet within (11/18/2019) 30 days; grant the Transportation Cabinet appellate BR133 - Representative Regina Huff powers and authority; establish potential defenses AN ACT relating to emergency medical (6/12/2019) the Transportation Cabinet may consider for uniform service fees and declaring an emergency. civil citations; allow for suspension of registration Create a new section of KRS AN ACT relating to road safety. for failure to pay a fine, require third- party desig- Chapter 67 to allow a fiscal court to levy a fee on Amend KRS 512.070 to include, nee to notify the Transportation Cabinet of the need certain units for the provision of emergency medi- as criminal littering, permitting unsafe amounts of to release a suspension within 1 business day of cal services; define units subject to fee; require fee mowed grass to remain on a highway. payment; appropriate 80 percent of funds collected to be placed on tax bill; allow collection by sheriff (Prefiled by the sponsor(s).) by the Transportation Cabinet for a uniform civil ci- in the same manner as for property taxes; allow tation to the school district; allow a third-party des- sheriff to receive up to 4.25% fee for collection; BR135 - Representative Cherlynn Stevenson ignee to keep up to 80 percent of funds but no more define "residential," "commercial," "charitable," (11/18/2019) than $160 per civil penalty collected by a third party and "educational" units; allow levy on occupied or designee; appropriate 10 percent of all funds collect- unoccupied units or both, occupation determined at AN ACT relating to cruelty to animals. ed from a uniform civil citation to the Kentucky De- time of initial levy and July 1 thereafter; require fee Amend KRS 525.130 to require partment of Education; appropriate 10 percent of all increases to be imposed by ordinance; require fees forfeiture of animals subjected to cruelty, and make funds collected from a uniform civil citation to the collected to be placed in separate fund, used only for technical changes. Transportation Cabinet; appropriate any remaining provision of emergency medical services; specify (Prefiled by the sponsor(s).) funds collected by a third party designee to the local that fees are not to be in lieu of any taxes or fees school district; provide that a uniform civil citation established for the provision of emergency medical BR136 - Representative Robert Goforth, Represen- shall not result in points against a driving record; services; EMERGENCY. tative Joe Graviss, Representative Jason Nemes, require the Transportation Cabinet to promulgate (Prefiled by the sponsor(s).) Representative Steve Sheldon, Representative Jim administrative regulations necessary to effectuate Stewart III the purpose of administering stop arm camera use, BR160 - Representative Kevin Bratcher, Represen- (8/1/2019) enforcement, and calibration; amend KRS 189.990 tative Joe Graviss to appropriate 80 percent of funds collected from (7/11/2019) AN ACT relating to school bus safety and criminal fines levied by law enforcement for viola- making an appropriation therefor. tion of KRS 189.370 to the local school district, 10 AN ACT relating to state symbols. Create a new section of KRS percent to the Kentucky Department of Education, Create a new section of KRS Chapter 160 to define "owner," "recorded imag- and 10 percent to local law enforcement. Chapter 2 to name and designate as the official pets es," "school bus stop arm camera," and "third party (Prefiled by the sponsor(s).) of Kentucky domestic cats and dogs that reside in or designee"; create a new section of KRS Chapter 160 have been adopted from Kentucky animal shelters or to require each local school district to install and BR139 - Representative Kim King rescue organizations. maintain school bus stop arm cameras on daily route (6/14/2019) (Prefiled by the sponsor(s).) school buses by August 1, 2023; allow districts to contract for purchase and maintenance of cameras; AN ACT relating to assistance dogs. BR166 - Representative James Tipton, Representa- allow districts to contract for the processing of an Amend KRS 258.500 to prohib- tive Steve Sheldon alleged violation of KRS 189.370(1); require school it the misrepresentation of assistance dogs; allow (8/1/2019) districts to establish procedures or contract with a peace officers to investigate; amend KRS 258.991 to third-party designee prior to utilizing school bus conform and to remove outdated references. AN ACT relating to operating a motor stop arm cameras; provide an emergency exception (Prefiled by the sponsor(s).) vehicle. to the stop arm requirement; permit school districts Amend KRS 189.292 to provide with a population density equal to or less than 100% BR143 - Representative Lynn Bechler that no person shall use a personal communication of the state average to apply for special permission (9/9/2019) device while operating a motor vehicle; set forth to suspend the stop arm requirement for up to five exceptions; provide that persons under the age of years; establish requirements for school districts AN ACT relating to child abuse and declar- 18 shall not use a personal communication device granted special permission to suspend the stop arm ing an emergency. while driving, except for emergencies; amend KRS requirement; require the Kentucky Board of Educa- Amend KRS 500.050 to remove 189.990 to set forth penalties for the violation of tion to promulgate administrative regulations; create the five-year statute of limitations for misdemeanor KRS 189.292; amend KRS 186.452 and 186.454 to a new section of KRS Chapter 160 to establish sex offenses against minors and allow prosecution conform; repeal KRS 189.294. annual on-site compliance inspections for school to be commenced at any time; amend KRS 413.249 (Prefiled by the sponsor(s).) districts and penalties for noncompliance; create a to remove the ten-year statute of limitations for civil new section of KRS Chapter 174 to define "'own- actions arising from childhood sexual assault or BR173 - Representative Cherlynn Stevenson er," "school bus stop arm camera", and "third-party abuse and allow a suit to be commenced at any time; (11/18/2019) designee"; require the Transportation Cabinet or amend KRS 620.030, relating to the requirement third-party designee to review images for violations to report child abuse, to limit the clergy-penitent AN ACT relating to the safety of canines of KRS 189.370(1) recorded by school bus stop arm exemption and make any person who intentionally and felines. cameras after July 1, 2021, and issue civil citations fails to report guilty of a Class D felony; amend Create a new section of KRS for violations; establish civil penalties for a violation KRS 620.050, relating to the reporting of child Chapter 411 to provide civil immunity for damag- of KRS 189.370 recorded by a school bus stop arm abuse, to limit the clergy-penitent exemption; pro- ing a vehicle if a person enters the vehicle with the camera after July 1, 2021; require the Transportation vide for severability; EMERGENCY. reasonable, good-faith belief that a dog or cat is in Cabinet to adopt a uniform civil citation form and (Prefiled by the sponsor(s).) immediate danger of death if not removed. establish the form's minimum contents; establish (Prefiled by the sponsor(s).) notification requirements; require a recipient of a uniform civil citation to pay civil penalty or submit

44 2019 Interim LEGISLATIVE RECORD BR174 - Representative Cherlynn Stevenson tend health-status eligibility rules to individual and BR184 - Senator Jimmy Higdon, Senator Ernie (11/18/2019) employer-organized association markets; authorize Harris, Senator Robert Stivers II insurance commissioner to designate additional (11/5/2019) AN ACT relating to the reporting of animal health status-related factors; prohibit adjustment of abuse. premium or contribution amounts for group health AN ACT relating to transportation and Amend KRS 321.185 to specify benefit plans on the basis of genetic information; making an appropriation therefor. that a veterinarian shall not be subject to discipline amend KRS 304.17A-220 to remove requirements Create new sections of KRS Chap- when acting in good faith to report, provide infor- relating to preexisting condition exclusions; repeal ter 174 to establish the Kentucky Transportations mation about, or testify on a suspected animal abuse and reenact KRS 304.17A-230 to define "preexisting Board; set forth membership, appointment, qualifi- violation prohibited by KRS 525.125, 525.130, condition exclusion"; prohibit health benefit plans in cations, and duties; outline board duties in relation 525.135, or 525.137. any market from imposing any preexisting condition to nomination and employment of the Transportation (Prefiled by the sponsor(s).) exclusion; amend KRS 304.17A-155, 304.17A- Cabinet secretary; require the board to establish a 250, 304.17A-430, 304.17A-706, 304.17B-001, statewide prioritization process for the use of funds BR176 - Senator Danny Carroll 304.17B-019, and 304.18-114 to conform; provide apportioned pursuant to 23 U.S.C. sec. 104, with (7/22/2019) that provisions of Act apply to all health benefit some exceptions; identify 5 factors that form the plans issued or renewed on or after January 1, 2021; basis for the objective scoring: congestion mitiga- AN ACT relating to road safety. EFFECTIVE January 1, 2021. tion, economic development, accessibility. safety, Amend KRS 512.070 to include, (Prefiled by the sponsor(s).) and asset management; allow the board to weight as criminal littering, permitting unsafe amounts of factors differently in each highway district; require mowed grass to remain on a highway. BR181 - Representative Brandon Reed, Represen- the board to develop the biennial highway construc- (Prefiled by the sponsor(s).) tative Bart Rowland, Representative Danny Bent- tion plan and six-year road plan; require advanced ley, Representative John Blanton, Representative publication of recommended projects for the bien- BR178 - Representative Attica Scott Randy Bridges, Representative John Bam Carney, nial highway construction plan and six-year road (9/11/2019) Representative Larry Elkins, Representative Daniel plan scored under the objective system, along with Elliott, Representative Chris Freeland, Representa- data regarding the scoring process; require advanced AN ACT relating to taxation. tive Robert Goforth, Representative Mark Hart, Rep- publication of bridge and pavement maintenance Amend KRS 139.010 to define resentative Regina Huff, Representative Thomas projects recommended for inclusion in the biennial "diapers"; amend KRS 139.480 to exempt from sales Huff, Representative Stan Lee, Representative Derek highway construction plan and six-year road plan; and use tax the sale or purchase of diapers, breast Lewis, Representative C. Ed Massey, Representative amend KRS 176.430 to require the board to develop pumps, and certain baby products; provide that the Bobby McCool, Representative Michael Lee Mer- the biennial highway construction plan and six-year exemptions apply to sales or purchases made after edith, Representative Phillip Pratt, Representative road plan; require the Department of Highways to August 1, 2020, but before August 1, 2024; require Steve Riley, Representative Dean Schamore, Repre- notify the General Assembly, through the LRC, of the Department of Revenue to report to the Interim sentative Steve Sheldon, Representative John Sims any projects in the biennial highway construction Joint Committee on Appropriations and Revenue the Jr, Representative Tommy Turner, Representative plan which the department will not undertake in the amount of exemptions claimed. Ken Upchurch, Representative Russell Webber year prescribed in the plan; amend KRS 48.110 to (Prefiled by the sponsor(s).) (7/1/2019) require the board to approve the biennial highway construction plan and six-year road plan before the BR179 - Representative Jerry Miller AN ACT relating to time. Governor can submit the plan to the General As- (9/9/2019) Create a new section of KRS sembly; amend KRS 176.050 to require the Depart- Chapter 2 to adopt year-round daylight saving time ment of Highways to issue an annual list of bridge AN ACT relating to the promotion of living in the state of Kentucky if authorized by the United and pavement improvement needs, prioritized by donor human organ and bone marrow donation. States Congress; EFFECTIVE upon the first Sunday safety and state of disrepair, from which the board Create a new section of KRS of November following passage of enabling legisla- will select projects for inclusion in the biennial Chapter 18A to allow full-time employees of the tion by Congress. highway construction plan and six-year road plan; Commonwealth of Kentucky a paid leave of absence (Prefiled by the sponsor(s).) amend KRS 45.247 to require that at the end of each of 240 hours for donating a human organ and 40 fiscal year, any moneys in the highway construc- hours for donating bone marrow and to set require- BR182 - Senator Danny Carroll tion contingency account in excess of 10% of the ments for the paid leave of absence; amend KRS (8/20/2019) amount appropriated to that fund for that fiscal year 141.010 to define "human organ" and "qualified will lapse to the state construction account; amend organ donation expenses"; amend KRS 18A.025 and AN ACT relating to assisted-living commu- KRS 174.020 to attach the Kentucky Transportation 18A.110 to conform; amend KRS 141.019 to allow nities. Board to the Transportation Cabinet Office of the a tax deduction in an amount equal to the qualified Create a new section of KRS Secretary for administrative purposes; set forth stag- organ donation expenses incurred by a taxpayer up 194A.700 to 194A.729 to prohibit certification or gered terms for initial appointments to the board. to $10,000 and require reporting by the Department certification renewal of an assisted-living communi- (Prefiled by the sponsor(s).) of Revenue; amend KRS 131.190 to allow the Ken- ty if it is owned, managed, or operated by any per- tucky Department of Revenue to report organ dona- son convicted of certain crimes or listed on an abuse BR187 - Representative Charles Booker tion tax deduction data to the Legislative Research list; exempt owner of an assisted-living facility (7/22/2019) Commission. certified as of July 1, 2020; amend KRS 194A.700 (Prefiled by the sponsor(s).) to amend definitions; amend KRS 194A.707 to AN ACT relating to carrying concealed make changes to the appeals and renewal process- weapons. BR180 - Representative Patti Minter es; amend KRS 194A.717 to prohibit on-site staff Repeal KRS 237.109, which (7/3/2019) person from being shared with another level of care; provides authorization to carry concealed deadly amend KRS 194A.723 to permit the cabinet to initi- weapons without a license; amend KRS 527.020 and AN ACT relating to mandatory benefits for ate injunctive relief in Circuit Court. 237.115 to conform. health benefit plans. (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) Amend KRS 304.17A-200 to ex-

THE KENTUCKY GENERAL ASSEMBLY 45 BR203 - Representative Mark Hart landfills and residual landfills and assess increased unless he or she makes an election within 30 days (8/20/2019) fees for accepting wastes outside of the waste of taking employment in the nonhazardous position; planning area; amend KRS 224.40-315 to delete the amend KRS 61.680 to conform; specify that provi- AN ACT relating to arts education. exclusions from the definition of "municipal solid sions shall only apply to prospective nonhazardous Create a new section of KRS waste disposal facility." employment occurring on or after the effective date Chapter 158 to require schools to offer all students (Prefiled by the sponsor(s).) of the Act. instruction in the visual and performing arts, submit (Prefiled by the sponsor(s).) an annual report to the Department of Education, BR212 - Representative Regina Huff and implement school policies regarding visual and (10/2/2019) BR231 - Representative Attica Scott performing arts instruction; require the Department (7/26/2019) of Education to develop visual and performing arts AN ACT relating to operating a motor program standards, guidelines on model programs, vehicle. AN ACT relating to discriminatory practic- and strategies and initiatives for meeting the re- Amend KRS 189.292 to provide es against a person. quirements of the section; require the Department that no person shall use a personal communication Amend KRS 344.010 to provide of Education to provide resources, assessment tools, device or stand-alone electronic device while oper- definitions of "protective hairstyle" and "race" that and a reporting checklist to schools; require the De- ating a motor vehicle; set forth exceptions; provide include traits historically associated with race. partment of Education to report to the Interim Joint that persons under the age of 18 shall not use a per- (Prefiled by the sponsor(s).) Committee on Education by December 1, 2021, on sonal communications device while driving, except the status of schools meeting the requirements of for emergencies; amend KRS 189.990 to set forth BR233 - Representative Attica Scott this section; amend KRS 158.6453 to require the penalties for the violation of KRS 189.292; amend (8/20/2019) school profile report to be included in the school KRS 186.452, 186.454, and 189.2327 to conform; report card and require the visual and performing repeal KRS 189.294. AN ACT relating to cosmetic services. arts program data to be included in the school profile (Prefiled by the sponsor(s).) Amend KRS 317A.155 to permit report; amend KRS 160.345 and 158.153 to con- a cosmetologist, esthetician, or nail technician to form; cite the Act as the Arts Education Equity Act. BR215 - Representative Regina Huff operate outside of a licensed establishment for per- (Prefiled by the sponsor(s).) (8/5/2019) sons with physical mobility limitations, as attested by a physician in writing, or for persons residing in BR204 - Representative Jim Gooch Jr. AN ACT relating to the taxation of pen- a long-term care nursing facility or assisted living (8/29/2019) sion income, making an appropriation therefor, and facility. declaring an emergency. (Prefiled by the sponsor(s).) AN ACT relating to key infrastructure Amend KRS 141.019 to increase asset. the pension income exclusion from $31,110 to BR236 - Senator Julian Carroll Amend KRS 511.100 to change $41,110; apply retroactively for taxable years be- (8/20/2019) the definition of "key infrastructure assets" to ginning on or after January 1, 2018; require the De- specify that natural gas or petroleum pipelines are partment of Revenue to automatically issue refunds; AN ACT relating to sports wagering and the type of pipelines covered in the definition and APPROPRIATION; EMERGENCY. making an appropriation therefor. include other types of infrastructure assets; amend (Prefiled by the sponsor(s).) Establish KRS Chapter 239 and KRS 512.020 to include tampering with, imped- create new sections to define "amateur athletics," ing, or inhibiting operations of a key infrastructure BR221 - Senator Phillip Wheeler "collegiate sports contest," "commission," "princi- asset in the offense of criminal mischief in the first (10/7/2019) pal," "professional sports contest," "sports wager," degree; create a new section of KRS 411 that a civil and "sports wagering"; create the Kentucky Gaming action may be maintained against a person that AN ACT relating to prescription insulin. Commission; establish membership to be appointed compensates or remunerates a person to violate KRS Amend KRS 304.17A-148 to by the Governor with the advice and consent of the 512.020 and the compensated person is convicted of cap the cost-sharing requirements for prescription Senate; establish the commission’s responsibili- criminal mischief in the first degree. insulin at $100 per 30-day supply; create a new sec- ties and authority; require the Governor to appoint (Prefiled by the sponsor(s).) tion of KRS Chapter 315 to require pharmaceutical an executive director and establish the executive manufacturers and wholesale distributors to rebate director's responsibilities; require the commission BR205 - Senator C.B. Embry Jr. individuals for a portion of their out-of-pocket to promulgate administrative regulations relating to (8/20/2019) expenses paid for prescription insulin; EFFECTIVE sports wagering conducted by the Kentucky Lottery January 1, 2021. Corporation, racing associations licensed under KRS AN ACT relating to veterinarians. (Prefiled by the sponsor(s).) Chapter 230, and other locations; establish licensing Creates a new section of KRS fees; prohibit persons from wagering on an event Chapter 321 to require that a veterinarian report BR224 - Representative James Tipton in which they are a participant; establish the sports abuse and to allow immunity for a good faith report; (11/12/2019) wagering distribution trust fund and the uses of the amends KRS 321.185 to allow veterinarians to fund; establish penalties for tampering with the out- release information in order to report abuse. AN ACT relating to dually employed retire- come of a sporting event and wagering on a sporting (Prefiled by the sponsor(s).) ment system members. event by a participant; create a new section of KRS Amend KRS 61.545 to provide Chapter 138 to impose an excise tax on sports wa- BR206 - Senator C.B. Embry Jr. that if a member is working in a regular full-time gering at 25 percent of net sports wagering receipts; (8/20/2019) hazardous duty position that participates in the Ken- amend KRS 138.1817 to permit the Department of tucky Employees Retirement System or the County Revenue to work with the commission to restrict AN ACT relating to solid waste. Employees Retirement System and is simultane- licensure in the event that sports wagering taxes are Amend KRS KRS 68.178 to ously employed in a nonhazardous position that is not paid; amend KRS 154A.010 to revise the defini- delete incidental or residual waste facilities from the not considered regular full-time, the member shall tion of "amateur sports contest," and to define "col- exclusion in the description of waste management participate solely as a hazardous duty member and legiate sports contest," "professional sports contest," facilities; allow fiscal courts to license solid waste shall not participate under the nonhazardous position "sports wager," and "sports wagering"; amend KRS

46 2019 Interim LEGISLATIVE RECORD 154A.030 to conform and to prohibit the director or the applicable threshold of employees of retail stores BR247 - Representative Matthew Koch family member from being a part owner of a profes- and service industries from $95,000 to $500,000 av- (8/16/2019) sional team or a board member of a college or uni- erage annual gross volume of sales for the employer; versity that engages in collegiate sports upon which amend KRS 337.275 to raise the state minimum AN ACT relating to property taxes for sports wagers may be placed; amend KRS 154A.050 wage to $8.20 per hour on July 1, 2020, $9.15 per veteran service organizations. to include sports wagering; amend KRS 154A.060 hour on July 1, 2021, $10.10 per hour on July 1, Create a new section in KRS to include sports wagering and to include contracts 2022, $11 per hour on July 1, 2023, $12.05 per hour Chapter 132 to exempt veteran service organizations for the purchase of goods and services necessary on July 1, 2024, $13.10 per hour on July 1, 2025, from ad valorem taxation if over fifty percent of the for sports wagering; require monthly and annual $13.95 per hour on July 1, 2026, and $15 per hour organization's annual net income is expended on be- reports to be submitted to the Kentucky Gaming on July 1, 2027, and to raise the state minimum half of veterans and other charitable causes; amend Commission; amend KRS 154A.063 to permit sports wage for tipped employees to $2.13 per hour on KRS 132.010 to define veteran service organization; wagering on collegiate and professional sports con- the effective date of the Act, $3.05 per hour on July apply to property assessed on or after January 1, tests; amend KRS 154A.065 to prohibit accepting 1, 2021, $3.95 per hour on July 1, 2022, and $4.90 2021. sports wagers on the outcomes of contests involving per hour on July 1, 2023; include anti-preemption (Prefiled by the sponsor(s).) horses; amend KRS 154A.070 to include sports language permitting local governments to establish wagering and require contracts to be in accord with minimum wage ordinances in excess of the state BR251 - Representative Walker Wood Thomas administrative regulations of the Lottery Corpora- minimum wage. (11/12/2019) tion and the Kentucky Gaming Commission; amend (Prefiled by the sponsor(s).) KRS 154A.090 to stipulate that sports wagering AN ACT relating to an exemption of in- retailers aggrieved by a decision of the board may BR240 - Representative Lynn Bechler, Representa- come taxation for military pensions. appeal to the Kentucky Gaming Commission; amend tive Brandon Reed, Representative Danny Bentley, Amend KRS 141.019 to exclude KRS 154A.110 to include sports wagering; stipu- Representative Myron Dossett, Representative United States military retirees' pension income from late that unclaimed sports wagering prize money be Joseph Fischer, Representative Chris Fugate, Rep- income taxation for taxable years beginning on or added to the sports wagering distribution trust fund; resentative Robert Goforth, Representative David after January 1, 2020, and before January 1, 2024; to prohibit sports wagers from being accepted from Hale, Representative Richard Heath, Representative require reporting by the Department of Revenue; members or coaches of professional or collegiate Thomas Huff, Representative Kim King, Repre- amend KRS 131.190 to conform. team; amend 154A.120 to include sports wagering; sentative Bobby McCool, Representative Steve (Prefiled by the sponsor(s).) amend KRS 154A.130 to specify net sports wa- Sheldon, Representative Walker Wood Thomas, gering receipts collected by lottery to be used for Representative Tommy Turner, Representative Ken BR252 - Representative Walker Wood Thomas expenses and moneys in excess of expenses shall be Upchurch, Representative Les Yates (9/17/2019) dedicated to the sports wagering distribution trust (9/10/2019) fund; amend KRS 154A.400 to include sports wa- AN ACT relating to the Kentucky Com- gering and stipulate the criteria for selecting sports AN ACT relating to compliance with state munity and Technical College System, making an wagering retailers shall be developed in consultation and federal law. appropriation therefor, and declaring an emergency. with the Kentucky Gaming Commission; amend Amend KRS 65.133 to require Create a new section of KRS KRS 154A.420 to include sports wagering and per- local law enforcement agencies and Kentucky State Chapter 164 to establish the Kentucky Communi- mit the Lottery Corporation to require a retailer to Police to enforce immigration laws; create a new ty and Technical College endowment match fund; establish separate sports wagering electronic funds section of KRS Chapter 65 to define terms, includ- transfer $3 million annually to the fund from general transfer accounts; amend KRS 154A.430, 154A.440, ing "sanctuary" and "sanctuary policy"; prohibit fund; authorize promulgation of administrative regu- 154A.600, and 154A.650 to include sports wa- local governments from adopting sanctuary policies; lations. gering; amend KRS 230.225 to permit the Ken- establish hearing procedures for determination of (Prefiled by the sponsor(s).) tucky Horse Racing Commission to oversee sports sanctuary status; provide for the withholding of state wagering at licensed racing associations; amend funding from sanctuaries; create new sections of BR257 - Senator Danny Carroll KRS 230.370 to require administrative regulations KRS Chapter 164 to prohibit postsecondary edu- (8/20/2019) relating to sports wagering to be developed in con- cational institutions from enrolling employing or sultation with the Kentucky Gaming Commission; contracting with illegal aliens; require postsecondary AN ACT relating to employees of qua- amend KRS 243.500 to exempt the conduct of sports educational institutions to keep records of immi- si-governmental agencies. wagering licensed or permitted under KRS Chapter gration status; provide for the withholding of state Create a new section of KRS 239; amend KRS 12.020 to administratively attach funding from postsecondary educational institutions Chapter 18A to allow state hiring preference for the Kentucky Gaming Commission to the Public that enroll, employ, or contract with illegal aliens; employees of quasi-governmental agencies ceasing Protection Cabinet. limit who may be considered a Kentucky resident participation in the Kentucky Retirement Systems; (Prefiled by the sponsor(s).) for in-state tuition purposes; EFFECTIVE in part require an employing state agency offer an inter- January 1, 2021. view to all finalist entitled to preference unless five BR237 - Representative Kathy Hinkle, Representa- (Prefiled by the sponsor(s).) or more of the finalists are entitled to preference; tive Rocky Adkins, Representative Charles Booker, require that if more than five finalists are entitled to Representative Jeffery Donohue, Representative BR241 - Representative Joseph Fischer preference, the employing state agency shall offer an Derrick Graham, Representative Joe Graviss, Repre- (10/4/2019) interview to no fewer than five. sentative Chris Harris, Representative , (Prefiled by the sponsor(s).) Representative Nima Kulkarni, Representative AN ACT proposing an amendment to the Maria Sorolis, Representative Cherlynn Stevenson, Constitution of Kentucky relating to abortion. BR258 - Representative Derek Lewis Representative Buddy Wheatley, Representative Propose to create a new section of (9/10/2019) Rob Wiederstein the Constitution of Kentucky to state that Kentucky's (8/21/2019) Constitution does not secure or protect a right to AN ACT relating to hunting coyotes. abortion or funding of abortion. Amend KRS 150.360 to require AN ACT relating to wages. (Prefiled by the sponsor(s).) the administrative regulations promulgated by the Amend KRS 337.010 to increase Department of Fish and Wildlife Resources relating

THE KENTUCKY GENERAL ASSEMBLY 47 to the hunting of coyotes at night to: require hunters requirements of KRS 337.200; amend KRS 350.130 Chapter 205 to limit the number of managed care or- to carry a hunting license, unless license-exempt, al- to make compliance with the requirements of KRS ganization (MCO) contracts to operate the Medicaid low the use of electronic or mouth calls and decoys, 337.200 a condition of a mining permit issued under program to three. specify which weapons may be used, prohibit hunt- KRS Chapter 350 or the administrative regulations (Prefiled by the sponsor(s).) ing of coyotes at night on wildlife management areas promulgated thereunder; amend KRS 337.200 to or during any deer gun or muzzle loading season, remove references to liquidated damages and attor- BR285 - Representative Jim DuPlessis prohibit hunting coyotes at any time from a road neys' fees as provided by law; amend KRS 337.994 (9/6/2019) or motor vehicle; prohibit hunting coyotes at night to require that all penalties collected for violations using white light, and place no bag limit on coyotes; of KRS 337.200 be paid to employees injured by Urge Congress to require car manufacturers and amend KRS 150.395 to allow the hunting of the employer's failure to post the performance bond; to install safety features to help prevent children coyotes at night using only non-white light. APPROPRIATION. from being left in hot cars. (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).)

BR263 - Representative Bobby McCool BR273 - Representative Tom Burch BR288 - Representative Regina Huff (8/21/2019) (11/18/2019) (9/25/2019)

AN ACT relating to wage theft. AN ACT relating to voter registration. AN ACT relating to veterinarians. Create a new section of Chap- Amend KRS 116.045 to permit Create a new section of KRS ter 514 to create the offense of theft of wages and a process of voter preregistration for persons at the Chapter 321 to require that a veterinarian report establish penalties; define employer and employee; minimum age of 16 years; require the State Board suspected animal abuse to an animal control officer; amend KRS 336.080 to indicate the secretary may of Elections to promulgate administrative regula- amend KRS 321.185 to allow veterinarians to report enter places of employment without unreasonable tions to provide for preregistration and subsequent suspected animal abuse. delay to inspect a place of employment; amend registration confirmation; amend KRS 116.046 to (Prefiled by the sponsor(s).) KRS 337.020 to allow the commissioner to charge direct schools and the county clerk to inform stu- and collect past due wages; amend KRS 337.070 dents and school personnel, not less than once each BR290 - Representative David Osborne to require certain employers to include rate of pay, school year, about the availability of preregistration (11/15/2019) the number of hours worked, and the total amount and registration forms; direct the State Board of of gross pay earned on wage statements provided to Education to implement programs of public edu- AN ACT establishing the Direct Health employees; amend KRS 337.320 to require em- cation, not less than once during each school year, Care Services and Research Facilities Operations ployers to keep record for three years of the name, regarding elections, voting procedures, and election Loan, making an appropriation therefor, and declar- address, and occupation of each employee, the rate fraud, which shall include sophomores; direct school ing an emergency. of pay and amount paid to each employee, a list districts to submit an annual report to the Legisla- Appropriate to the Cabinet for of personnel policies provided to the employees, tive Research Commission regarding student voter Economic Development General Fund moneys in and a copy of the wage statement provided to each preregistration and registration; amend KRS 116.055 the amount of $50,000,000 in fiscal year 2019-2020 employee; create a new section of Chapter 337 to re- for technical corrections to conform; amend KRS for the establishment and implementation of the quire employers to provide to an employee a written 116.0455 to provide that each application for a mo- Direct Health Care Services and Research Facil- notice at the time of hire that sets forth the rate and tor vehicle driver's license shall be a simultaneous ities Operations Loan; set out parameters for the method of pay, the employees employment status, application for voter preregistration and registration Direct Health Care Services and Research Facilities accruals of time, deductions that may be made from unless declined by the applicant. Operations Loan; direct the University of Louisville pay, and the name and address of the employer, and (Prefiled by the sponsor(s).) to provide an annual report detailing the status of require the employer to keep a copy of the notice any loan agreement granted under the Direct Health signed by the employee; amend KRS 337.990 to BR275 - Senator Stephen Meredith Care Services and Research Facilities Operations include a civil penalty for failure to provide the (8/20/2019) Loan for as long as the loan is in effect; stipulate written notice to employee and maintain a copy of that authorized appropriations shall be paid from the signed notice. AN ACT relating to Medicaid payments. the General Fund Surplus Account or the Budget (Prefiled by the sponsor(s).) Amend KRS 304.17A-527 to Reserve Trust Fund Account; APPROPRIATION; require Medicaid managed care organizations to EMERGENCY. BR270 - Senator Johnny Ray Turner provide all payment schedules utilized to reimburse (Prefiled by the sponsor(s).) (8/15/2019) health care providers with whom they have main- tained a contractual relationship for the previ- BR291 - Representative C. Ed Massey AN ACT relating to mining permits and ous three months to the Medicaid Oversight and (11/15/2019) making an appropriation therefor. Advisory Committee on a quarterly basis for the Create a new section of KRS committee's review; create a new section of KRS AN ACT relating to First Responder Rec- Chapter 350 to require the Energy and Environment Chapter 205 to require that services provided in ognition Day. Cabinet to notify the Department of Workplace rural counties be reimbursed at least at the median Create a new section of KRS Standards of any applicant or permittee that may be amount paid to an urban health care provider within Chapter 2 to designate the first Saturday of October subject to the performance bonding requirements of the nearest metropolitan statistical area; establish a of each year as "First Responder Recognition Day"; KRS 337.200; create a new section of KRS Chapter penalty that goes to the underpaid provider. . require the Governor to proclaim the date each year 337 to require the commissioner of the Department (Prefiled by the sponsor(s).) and require state flags to be lowered on state public of Workplace Standards to notify the Energy and En- buildings from sun-up to sun-down on that day. vironment Cabinet of any employer engaged in the BR278 - Senator Stephen Meredith (Prefiled by the sponsor(s).) severance, preparation, or transportation of minerals (8/20/2019) that is not compliant with the performance bonding requirements of KRS 337.200; amend KRS 350.085 AN ACT relating to Medicaid managed to prohibit the approval of mining permit applica- care contracts. tions for applicants that are not compliant with the Create a new section of KRS

48 2019 Interim LEGISLATIVE RECORD BR297 - Senator John Schickel BR334 - Representative Josie Raymond amend KRS 527.070 to include postsecondary edu- (8/20/2019) (8/23/2019) cation facilities within the existing ban on firearms in schools; amend KRS 532.030 to require the judge Proclaim September 2020 as Pros- AN ACT relating to full-day kindergarten. pronouncing a defendant guilty but mentally ill to tate Cancer Awareness Month in Kentucky. Amend KRS 158.060 to remove demand the surrender of the person's firearms; create (Prefiled by the sponsor(s).) language that allows for half-day kindergarten pro- a new section of KRS Chapter 237 to require the grams; amend KRS 157.320, 157.360, and 158.030 State Police to promulgate administrative regula- BR300 - Representative Rob Wiederstein to conform. tions relating to the licensing of persons to possess (10/14/2019) (Prefiled by the sponsor(s).) handguns and assault weapons, the registration of handguns and assault weapons, and the logging of AN ACT relating to adopting the most BR339 - Representative George Brown Jr firearms and ammunition sales effective January 1, cost-effective alternative in administrative regu- (8/27/2019) 2021; amend KRS 532.025 to conform; amend KRS lations having a major economic impact on the 237.115 to conform; repeal KRS 65.870; EMER- Kentucky economy. AN ACT relating to the rural hospital tax GENCY; some provisions EFFECTIVE January 1, Create new sections of KRS Chap- credit. 2021. ter 13A to establish requirements and procedures for Create a new section of KRS (Prefiled by the sponsor(s).) an administrative regulation that constitutes a major Chapter 141 to establish the rural hospital organi- economic action; create the Regulatory Economic zation donation tax credit; amend KRS 141.0205 BR343 - Representative George Brown Jr Analysis Advisory Group to consult on these regula- to order the new tax credit; amend KRS 131.190 to (8/27/2019) tions; set the group's membership, powers, and du- allow reporting by the Department of Revenue. ties; require a promulgating agency to provide listed (Prefiled by the sponsor(s).) AN ACT relating to criminal histories of documents to the group and the public at least 60 job applicants. days before filing the regulation; direct an agency to BR341 - Representative George Brown Jr Create a new section of KRS conduct and publish a detailed analysis of any major (9/4/2019) Chapter 344 to prohibit employers from considering economic action regulation, including a cost-bene- or requiring disclosure of prior criminal history as fit analysis; establish filing requirements for these AN ACT relating to firearms. part of the initial job application; title the Act "Ban regulations; require an agency to publicly provide a Create a new section of KRS the Box - The Criminal Record Employment Dis- framework for assessing the regulation; designate a Chapter 527 to make it a crime to unlawfully store a crimination Act." short title of the "Kentucky Administrative Reg- firearm; establish elements of the crime for reck- (Prefiled by the sponsor(s).) ulation Accountability Act of 2020"; amend KRS lessly allowing access to an unsecured firearm by a 13A.010 to define a major economic action; amend minor; establish the crime as a Class B misdemeanor BR355 - Representative Jeffery Donohue KRS 13A.030 to add a defective major economic unless a physical injury or death results, in which (9/9/2019) action to the list of reasons a subcommittee may case it is a Class A misdemeanor. find a regulation deficient; amend KRS 13A.3104 to (Prefiled by the sponsor(s).) AN ACT relating to tax credits for airport establish certification letter procedures for a major noise mitigation. economic action regulation; stagger the initial terms BR342 - Representative George Brown Jr Create a new section of KRS of the appointed members of the advisory group. (9/4/2019) Chapter 141 to establish a refundable income (Prefiled by the sponsor(s).) tax credit for the costs of mitigating noise from AN ACT relating to firearms and declaring a commercial airport for taxable years beginning BR315 - Senator Stephen Meredith an emergency. on or after January 1, 2020, but before January 1, (8/20/2019) Create new sections of KRS Chap- 2024; amend KRS 131.190 to conform; amend KRS ter 237 to specify definitions for "assault weapons," 141.0205 to order the credit. AN ACT relating to copayments by medi- "large-capacity ammunition-feeding devices," and (Prefiled by the sponsor(s).) cal assistance recipients. "ammunition sellers"; require background checks Amend KRS 205.6312 to prohibit for private firearms sales; require reporting to law BR356 - Representative Jeffery Donohue the cabinet or a managed care organization contract- enforcement of firearm and ammunition thefts and (9/9/2019) ed to provide services from instituting copayments, losses; require the safe storage of firearms; amend cost sharing, or similar charges to be paid by any KRS 395.250 to require an estate's inventory to list AN ACT relating to the sale or transfer of medical assistance recipients, their spouses, or each firearm; amend KRS 403.735 to require judges, historic places. parents, for any assistance provided pursuant KRS when issuing an order of protection, to consider Amend KRS 171.382 to require Chapter 205, federal law, or any federal Medicaid whether a person against whom the order is entered the Finance and Administration Cabinet to give no- waiver; amend KRS 205.6485 to prohibit copay- should be prohibited from possessing an firearm; tice to the Kentucky Heritage Council 90 days prior ments to be charged in the Kentucky Children's amend KRS 504.030 to require judges in criminal to the transfer or sale of a property nominated by the Health Insurance Program. cases where a person is found not guilty by reason Kentucky Historic Preservation Review Board to be (Prefiled by the sponsor(s).) of insanity to demand the surrender of the defen- listed on the National Register of Historic Places; re- dant's firearms; amend KRS 237.104 to conform; quire the Kentucky Heritage Council to consult with BR323 - Representative Nima Kulkarni amend KRS 506.080 to specify that the offense of the Finance and Administration Cabinet regarding (10/30/2019) facilitation includes assistance in providing firearms; the property's historic, cultural, and archeological amend KRS 508.020 to include physical injury to resources; require the Kentucky Heritage Council AN ACT relating to prevailing wage. a minor by virtue of the intentional discharge of a to make a written recommendation to the Finance Create a prevailing wage law firearm within the offense of assault in the second and Administration Cabinet on whether the property for all public works projects; amend KRS 12.020, degree; create a new section of KRS Chapter 527 to should have a preservation easement; if a preserva- 99.480, 227.487, 336.015, 337.010, and 337.990 to create the offense of criminal purchase or disposal tion easement is recommended, no sale or transfer conform. of a weapon; amend KRS 527.040 to require that of the property shall take place until the easement (Prefiled by the sponsor(s).) the sentence for a felon in possession of a firearm is listed on the deed; amend KRS 82.660 to update be served subsequent to any other felony sentence; council name.

THE KENTUCKY GENERAL ASSEMBLY 49 (Prefiled by the sponsor(s).) certain responsibilities for cardholders; to establish when a registry identification card may be revoked; BR367 - Representative C. Ed Massey BR357 - Representative Jeffery Donohue to establish various cannabis business licensure (11/13/2019) (9/9/2019) categories; to establish tiering of cannabis business licenses; to require certain information be included AN ACT relating to an exemption from AN ACT relating to education. in an application for a cannabis business license; to income taxation for military pensions. Amend KRS 158.785, relating to establish when the department may deny an appli- Amend KRS 141.019 to exclude the management of local school districts, to include cation for a cannabis business license; to prohibit a United States military retirees' pension income from criteria to review when completing a manage- practitioner from being a board member or principal income taxation for taxable years beginning on or ment audit; require the chief state school officer officer of a cannabis business; to prohibit cross-own- after January 1, 2020, and before January 1, 2024; to provide a local district with written deficiencies ership of certain classes of cannabis businesses; to require reporting by the Department of Revenue; found through the management audit and corrective establish rules for local sales, including establishing amend KRS 131.190 to conform. actions and a time frame for completion in order to the process by which a local legislative body may (Prefiled by the sponsor(s).) exit assistance; specify that a district can only be a prohibit the operation of cannabis businesses within "state managed district" after at least two years of its territory and the process for local ordinances and BR371 - Representative Rob Wiederstein unsuccessful assistance, criminal malfeasance, or ballot initiatives; to establish technical requirements (10/21/2019) insolvency; restrict the chief state school officer's for cannabis businesses; to establish limits on the authority during state management to only those THC content of medicinal marijuana that can be pro- Direct the Finance and Adminis- specific items found through the management audit; duced or sold in the state; to establish requirements tration Cabinet to create the Evidence-Based Pol- amend KRS 156.029 to require the Kentucky Board for cannabis cultivators, including cultivation square icymaking Task Force to study how state agencies of Education to include two at-large members who footage limits; to establish requirements for canna- collect and share data; APPROPRIATION. are current or retired elementary or secondary teach- bis dispensaries; to establish requirements for safety (Prefiled by the sponsor(s).) ers; amend KRS 156.040 to clarify that a state board compliance facilities; to establish requirements for member cannot hold any elective federal, state, cannabis processors; to establish procedures for the BR377 - Representative Walker Wood Thomas, county, or city office. department to inspect cannabis businesses; to estab- Representative Lisa Willner (Prefiled by the sponsor(s).) lish procedures for the suspension or revocation of a (11/18/2019) cannabis business license; to exempt certain records BR366 - Representative Jason Nemes and information from the disclosure under the Ken- AN ACT relating to the psychology interju- (11/1/2019) tucky Open Records Act; to require the department risdictional compact. to develop, maintain, and operate electronic systems Create a new section of KRS AN ACT relating to medicinal marijuana for monitoring the medicinal marijuana program; to Chapter 319 to enact and enter into the Psychol- and making an appropriation therefor. require the department to promulgate administrative ogy Interjurisdictional Compact with all other Create various new sections of regulations necessary to implement the medicinal jurisdictions that legally join the compact; declare KRS Chapter 218A to define terms; to exempt the marijuana program; to establish that nothing in the the purpose of the compact; define terms; allow medicinal marijuana program from existing provi- bill requires government programs or private insur- a psychologist to hold one or more compact state sions in Kentucky law to the contrary; to require the ers to reimburse for the cost of use; to establish the licenses at a time; recognize the right of a psychol- Department for Alcoholic Beverage and Cannabis medicinal marijuana trust fund; to establish the local ogist licensed in the compact to practice telepsy- Control to implement and regulate the medicinal medicinal marijuana trust fund; and to establish chology in other compact states the psychologist marijuana program in Kentucky; to establish the procedures for the distribution of local cannabis trust is not licensed; establish conditions under which a Division of Medicinal Marijuana within the Depart- fund moneys; create a new section of KRS Chapter psychologist licensed to practice in compact state ment of Alcoholic Beverage and Cannabis Control; 138 to establish an excise tax of 12% for cultivators can practice telepsychology; establish the conditions to establish restrictions on the possession of me- and processors for selling to dispensaries; to require under which a psychologist licensed to practice in a dicinal marijuana by qualifying patients, visiting that 80% of the revenue from the excise taxes be compact state may be granted a Temporary Autho- patients, and designated caregivers; to establish deposited into the medicinal marijuana trust fund; rization to Practice; authorize a home state to take certain protections for cardholders; to establish to require that 20% of the revenue from the excise adverse action against a psychologist's licensed professional protections for practitioners; to provide taxes be deposited into the local medicinal marijua- issued by the Home State; allow a receiving state to for the authorizing of practitioners by state licens- na trust fund; amend KRS 342.815 to establish that take adverse action on a psychologist's Authority to ing boards to issue written certifications for the the Employer’s Mutual Insurance Authority shall Practice Interjurisdictional Telepsychology within use medicinal marijuana; to establish professional not be required to provide coverage to an employer that receiving state; authorize a compact state's protections for attorneys; to prohibit the possession if doing so would subject the authority to a viola- ability to issue subpoenas for hearings and investiga- and use of medicinal marijuana on a school bus, on tion of state or federal law; amend KRS 139.470 tion as well as cease and desist and injunctive relief the grounds of any preschool or primary or second- to exempt the sale of medical marijuana from the orders to revoke a psychologist's authority to prac- ary school, in a correctional facility, any property state sales tax; amend KRS 218A.010, 218A.1421, tice interjurisdictional telepsychology and temporary of the federal government, or while operating a 218A.1422, 218A.1423, and 218A.500 to conform; authorization to practice; establish the Psychology motor vehicle; to prohibit smoking of medicinal amend KRS 12.020 to change the name of the Interjurisdictional Compact Commission; require the marijuana; to permit an employer to restrict the Department of Alcoholic Beverage Control to the commission to provide for and maintain a Coordi- possession and use of medicinal marijuana by an Department of Alcoholic Beverage and Cannabis nated Licensure Information System (Coordinated employee; to require the department to implement Control and to create the Division of Medicinal Database) and reporting system containing licensure and operate a registry identification card program; Marijuana; and amend KRS 12.252, 15.300, 15.380, and disciplinary action information on psychologists to establish requirements for registry identification 15.398, 15A.340, 15.420, 61.592, 62.160, 131.1815, participating in the compact; provide immunity for cards; to establish registry identification card fees; 211.285, 241.010, 241.015, 241.030, 243.025, members, officers, executive director, employees, to require the department to operate a provisional 243.0307, 243.038, 243.090, 243.360, 438.310, and representatives of the commission who act in licensure receipt system; to establish the application 438.311, 438.313, 438.315, 438.317, 438,320, accordance with the provisions of the compact; requirements for a registry identification card; to 438.325, 438.330, 438.337, and 438.340 to conform; authorize the commission to establish rulemaking establish when the department may deny an appli- EFFECTIVE January 1, 2021; APPROPRIATION. procedures; authorize the executive, judicial, and cation for a registry identification card; to establish (Prefiled by the sponsor(s).) legislative branches of state government to enforce

50 2019 Interim LEGISLATIVE RECORD the provisions of the compact; affirm that rules pro- BR412 - Senator Dennis Parrett information for national crisis hotlines specializing mulgated will have standing as statutory law; require (9/19/2019) in domestic assault, sexual assault, and suicide. provisions of the compact to become effective on the (Prefiled by the sponsor(s).) date the compact is enacted into law. AN ACT relating to veteran-owned non- (Prefiled by the sponsor(s).) profit businesses. BR436 - Representative John Sims Jr Amend KRS 14A.1-070 to add (11/18/2019) BR391 - Representative C. Ed Massey a nonprofit business which is at least 51 percent (11/13/2019) unconditionally controlled by a veteran to the AN ACT relating to employment-related definition of "veteran-owned business"; amend KRS drug screens. AN ACT relating to high school students 14A.2-060 and KRS 14A.2-165 to conform. Create a new section of KRS pursuing military careers. (Prefiled by the sponsor(s).) Chapter 344 to prohibit employment discrimination Create a new section of KRS based on a positive drug screen for cannabidiol or Chapter 158 requiring schools to offer the Armed BR423 - Senator Stephen Meredith tetrahydrocannabinol. Services Vocational Aptitude Battery (ASVAB) test (10/1/2019) (Prefiled by the sponsor(s).) annually to students in grades 10 through 12, offer counseling based on the ASVAB test results, and AN ACT relating to the disposition of BR450 - Representative Attica Scott, Representative allow up to four excused absences to meet with a human remains. Charles Booker recruiter of the Armed Forces of the United States or Amend KRS 367.93117 to allow a (9/25/2019) Kentucky National Guard; amend KRS 159.035 to court-appointed guardian or conservator to deter- allow excused absences for students who meet with mine the disposition of remains after death if other AN ACT relating to gang violence. a military recruiter, receive ASVAB counseling, or alternatives have been exhausted; permit cremation Amend KRS 506.120 to remove pursue enlistment. under specified circumstances. language related to "criminal gang syndicate;" repeal (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) KRS 506.135 relating to definitions, KRS 506.140 relating to criminal gang recruitment, KRS 506.150 BR403 - Representative Brandon Reed BR431 - Representative Maria Sorolis relating to criminal gang activity or recruitment, (9/18/2019) (10/31/2019) 506.160, relating to minimum service of sentence for defendant acting as a member of a criminal gang, AN ACT relating to farmer suicide preven- AN ACT relating to voting. KRS 506.170 relating to enhancement of penalty tion and awareness. Create a new section of KRS for conviction for criminal gang-related felonies, Create a new section of KRS Chapter 117 to allow in-person early voting between KRS 506.180 relating to cause of action by victim of Chapter 2 to designate the Wednesday of National 9 a.m. and 4 p.m. on the three Saturdays preceding criminal gang incident, and KRS 506.190 relating to Farm Safety Week, which is the third week of Sep- any primary, regular election, or special election; criminal gang-related property subject to forfeiture; tember, as "Farmer Suicide Prevention Day". amend KRS 117.087, 117.165, 117.235, 117.995, amend KRS 532.080 to conform. (Prefiled by the sponsor(s).) and 118.035 to conform. (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) BR407 - Representative Attica Scott BR456 - Representative Susan Westrom (9/13/2019) BR432 - Representative Maria Sorolis (11/18/2019) (10/31/2019) AN ACT relating to providing free femi- AN ACT relating to wages for employment. nine hygiene products for women public postsec- AN ACT relating to elections. Create a new section of KRS ondary students. Create a new section of KRS Chapter 337 to make it a discriminatory employment Create a new section of KRS Chapter 117 to provide for the establishment of action if an employer asks questions about previ- Chapter 164 to require each public postsecondary designated voting locations by the county board of ous salary or wages, relies on previous salary when education institution to provide free feminine hy- elections in counties with a population of 90,000 or setting a new salary, or refuses to hire if an applicant giene products to women students; require the gov- more. does not provide previous salary, except to allow erning boards of each public postsecondary educa- (Prefiled by the sponsor(s).) a request for information voluntarily provided in tion institution to adopt policies for the distribution response to an offer of employment; allow previous of free feminine hygiene products; define feminine BR435 - Senator Denise Harper Angel salary to be considered when required by law, when hygiene products. (10/23/2019) discovered while looking at other nonsalary infor- (Prefiled by the sponsor(s).) mation, and for public employee positions; require AN ACT relating to student health and notice to be posted for employees; amend KRS BR409 - Representative Joe Graviss safety. 337.990 to assess a civil penalty for a violation. (10/24/2019) Create a new section of KRS (Prefiled by the sponsor(s).) Chapter 158 to require any student identification AN ACT relating to state employee com- badge issued to a public middle or high school stu- BR463 - Representative Buddy Wheatley pensation. dent to contain the contact information for national (11/18/2019) Amend KRS 18A.355 to provide crisis hotlines specializing in domestic violence, for an annual increment for state employees with the sexual assault, and suicide; apply the requirement AN ACT relating to changing beneficiaries annual increment being the average of the consumer to public charter schools; require the Cabinet for after retirement in state-administered retirement price index for the two calendar years prior to the Health and Family Services to publish recommen- systems. biennium. dations for at least one national crisis hotline in each Amend KRS 61.542 to allow a (Prefiled by the sponsor(s).) specialized area; create a new section of KRS Chap- retiree who experiences a qualifying event, includ- ter 164 to require any student identification badge ing marriage, remarriage, the birth or adoption of issued by a public or private postsecondary institu- a child, or the death of a designated beneficiary, to tion or other institution that offers a postsecondary elect to change his or her beneficiary and optional degree, certificate, or license to contain the contact payment plan provided the election is made within

THE KENTUCKY GENERAL ASSEMBLY 51 120 days of the qualifying event on a form pre- (Prefiled by the sponsor(s).) scribed by the Kentucky Retirement Systems and BR801 - Representative Derrick Graham provide that in the case of a divorce, annulment, BR494 - Senator Danny Carroll (11/19/2019) or dissolution of marriage, the retiree's estate shall (11/18/2019) become the beneficiary; amend KRS 61.590, 61.615, AN ACT relating to campaign finance. and 61.630 to conform; amend KRS 161.630 to AN ACT relating to the Workers' Compen- Amend KRS 118.125 to require expand the qualifying events for which a retiree may sation Funding Commission. a candidate for constitutional statewide office who elect to change his or her beneficiary and optional Amend KRS 12.020, 336.020, and files a notification and declaration for elective office, payment plan to include a birth or adoption of a 342.1243 to remove the Division of Workers' Com- including slates of candidates for Governor and child in addition to marriage, remarriage, and the pensation Funds; amend KRS 342.120 and 342.265 Lieutenant Governor, to submit a copy of his or her death of a beneficiary, require that the election be to replace the Division of Workers' Compensation previous five years of federal income tax returns made within 120 days of the qualifying event on a Funds with the Kentucky Workers' Compensation with the Registry of Election Finance; provide for form prescribed by the Teachers' Retirement Sys- Funding Commission; amend KRS 342.1223 to written consent for public disclosure of the federal tem, and make technical corrections; amend KRS allow the commission to administer the fund; amend income tax returns; require that the federal income 161.480 to conform. KRS 342.232 to replace the director of the Divi- tax returns shall be made available on the registry's (Prefiled by the sponsor(s).) sion of Workers' Compensation Funds and to make Web site when appropriate redaction of personal reports annual; amend KRS 342.760 to move the information occurs and not later than seven days BR468 - Representative Jerry Miller uninsured employers' fund to the Kentucky Work- after submission to the registry; require fines to be (10/21/2019) ers' Compensation Funding Commission; replace levied against a constitutional candidate or slate of the secretary of the Labor Cabinet with the board candidates if the filing of federal tax returns does AN ACT relating to vapor products. of directors of the commission; remove the Labor not timely occur; require the registry to retain the Amend KRS 438.305 to define Cabinet from this section; amend KRS 342.765 to submitted tax returns for a time certain; and permit "vapor product enhanced cartridge"; create a new replace the secretary with board of directors; replace the registry to promulgate administrative regulations section of KRS 438.305 to 438.340 to require a the reference to the Interim Joint Committee on La- under KRS Chapter 13A to implement and enforce; retailer or manufacturer of a vapor product enhanced bor and Industry with the Interim Joint Committee amend KRS 118.367 to require an independent, po- cartridge to register and pay a $700 annual fee; on Economic Development and Workforce Invest- litical organization, or group candidate for constitu- prohibit sales of vapor product enhanced cartridge ment; amend KRS 393.082 to replace the Labor tional statewide office who files a statement-of-can- other than through in-person purchase; prohibit sales Cabinet with the Kentucky Workers' Compensation didacy form for elective office, including slates of to anyone under 18, require age verification through Funding Commission; amend KRS 342.0015 to candidates for Governor and Lieutenant Governor, an electronic third-party source. conform. to submit a copy of his or her previous five years of (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) federal income tax returns with the registry; pro- vide for written consent for public disclosure of the BR482 - Representative Regina Huff BR499 - Representative Angie Hatton federal income tax returns; require that the federal (10/4/2019) (11/19/2019) income tax returns shall be made available on the registry's Web site when appropriate redaction of Declare May 2020 to be AN ACT relating to executive branch eth- personal information occurs and not later than seven Ehlers-Danlos Syndrome Awareness Month. ics. days after submission to the registry; require fines to (Prefiled by the sponsor(s).) Create a new section of KRS be levied against a constitutional candidate or slate Chapter 11A to require statewide elected officials of candidates if the filing of federal tax returns does BR485 - Representative C. Ed Massey to file a statement of use of state resources with the not timely occur; require the registry to retain the (11/15/2019) Executive Branch Ethics Commission when state submitted tax returns for a time certain; and permit resources are used for nonpublic purposes and the the registry to promulgate administrative regulations AN ACT relating to causes of actions for value of that use of state resources exceeds $250; under KRS Chapter 13A to implement and enforce. building code violations. require that the statement of use of state resourc- (Prefiled by the sponsor(s).) Amend KRS 198B.130 to allow es be filed within 30 days of an event where state a court award under KRS Chapter 198B or the resources were used for nonpublic purposes; require BR803 - Representative Joni Jenkins Uniform Building Code to include attorney's fees if that within ten days of submission of a statement of (11/19/2019) a certificate of occupancy has not been issued. use of state resources, the Executive Branch Ethics (Prefiled by the sponsor(s).) Commission shall determine whether the submission AN ACT relating to campaign finance. complies with legal requirements; require state- Amend KRS 121.150 to require BR486 - Representative Attica Scott ment of use of state resources to be filed on a form that all personal loans made by candidates for all (10/23/2019) prescribed by the Executive Branch Ethics Com- constitutional state officers, including the Governor mission; require statements of use of state resources and Lieutenant Governor, to their campaigns be re- Urge the Kentucky Department of to include the name, title, and business address of paid by their campaign committees within one year Education to create a task force to consider ways to the statewide elected official using state resources if the candidates are elected beginning with the regu- improve diversity in STEAM education. for nonpublic purposes and a detailed description lar election in November 2019; amend KRS 121.180 (Prefiled by the sponsor(s).) of the events under which the use of state resourc- to provide for filing a report verifying repayment es for nonpublic purposes took place; amend KRS of personal loans to candidates for all constitutional BR492 - Senator Julie Adams 11A.010 to define "nonpublic purpose" and "state state officers, including Governor and Lieutenant (11/8/2019) resources"; amend KRS 11A.990 to require the Governor, by December 31 in the year following withholding of the salary of any statewide elected their election; amend KRS 23A.070 to conform. AN ACT relating to trapping furbearers. official who does not comply with legal require- (Prefiled by the sponsor(s).) Amend KRS 150.400 to prohibit ments related to the filing of a statement of use of the use of commercially manufactured, spring-load- state resources. ed traps for the purposes of taking furbearers. (Prefiled by the sponsor(s).)

52 2019 Interim LEGISLATIVE RECORD BR808 - Representative Thomas Huff, Representa- 141.0205 to order the new tax credit; amend KRS tion books are closed, and who possesses all other tive Kevin Bratcher, Representative Jason Nemes, 131.190 to require reporting by the Department of qualifications for voter registration, may register at Representative Russell Webber Revenue to the Legislative Research Commission. the person's precinct of residence on the day of the (10/10/2019) (Prefiled by the sponsor(s).) election, shall not be permitted to change party affili- ation, and shall be permitted to vote in that election; Direct the Energy and Environ- BR832 - Representative James Tipton provide for confirmation of identity and affidavit; ment Cabinet and the Louisville Metro Air Pollution (11/12/2019) amend KRS 116.0452 to provide for time of receipt Control District to determine the environmental of precinct voter registration; provide that county benefits, related costs, and potential alternatives to AN ACT relating to the Kentucky tuition clerk shall provide the State Board of Elections the federal reformulated gasoline requirements cur- grant program. with a report of the number of voters registering to rently imposed in Jefferson County and partial areas Amend KRS 164.785 to delete the vote at the precincts on election day; amend KRS in Bullitt and Oldham Counties. requirement that postsecondary institutions partici- 117.225 to provide that if the person is not listed on (Prefiled by the sponsor(s).) pating in the Kentucky Tuition Grant be accredited the precinct roster, that the person be given the op- by the Southern Association of Colleges and Schools portunity to register and vote at the precinct on the BR817 - Representative Regina Huff, Representa- or be reviewed and approved by the Council on day of an election; amend KRS 117.365 to provide tive Deanna Frazier Postsecondary Education based on the same criteria; that applications for voter registration at the precinct (11/5/2019) amend KRS 164.740 to update the definition of shall be presented to the grand jury and retained by regional accrediting association. the county clerk. AN ACT relating to high school graduation (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) requirements. Create a new section of KRS BR835 - Representative Nima Kulkarni BR854 - Representative Maria Sorolis Chapter 158 to require completion of the Free Appli- (10/30/2019) (10/31/2019) cation for Federal Student Aid form as a high school graduation requirement; provide waiver options for AN ACT relating to firearms possession. AN ACT relating to voter registration. meeting the requirement; require local boards of ed- Amend KRS 527.010 to define Amend KRS 116.0455 to provide ucation to develop policies and procedures to assist "domestic abuse offense," "domestic violence that each application for a motor vehicle driver's students in completing the requirement. protective order," and "physical force"; create a new license shall be a simultaneous application for voter (Prefiled by the sponsor(s).) section of KRS Chapter 527 to create the crimes registration unless declined by the applicant; amend of possession of a firearm by a convicted domestic KRS 116.048 to provide that each application filed BR819 - Representative Rob Wiederstein abuser and possession of a firearm by the subject of through a designated voter registration agency shall (10/29/2019) a domestic violence protective order; create a new be a simultaneous application for voter registration section of KRS Chapter 527 to require the surrender unless declined by the applicant. AN ACT relating to patient safety by of firearms by people subject to protective orders or (Prefiled by the sponsor(s).) requiring Kentucky hospitals to annually survey convicted of specified crimes; amend KRS 403.740 employees regarding patient safety culture and and 456.060 to require courts to inform the subject BR859 - Senator Gerald Neal practices with the results to be publicly reported on of a domestic violence order or an interpersonal pro- (11/6/2019) a Web site maintained by the Cabinet for Health and tective order of the firearm possession prohibition. Family Services. (Prefiled by the sponsor(s).) AN ACT proposing an amendment to Sec- Create a new section of KRS tion 145 of the Constitution of Kentucky relating to 216.2920 to 216.2929 to require all hospitals to BR844 - Representative Bobby McCool persons entitled to vote. annually survey employees on patient safety culture; (11/1/2019) Propose to amend Section 145 require the Cabinet for Health and Family Services of the Constitution of Kentucky to allow persons to design, collect, analyze, and publish survey data; AN ACT relating to birth certificates for convicted of a felony, other than felonies designated list requirements for the survey design; list require- stillborn children. by the General Assembly, the right to vote; submit to ments for the survey content; require the survey Amend KRS 213.096 to permit the voters for ratification or rejection. design to be completed by October 30, 2020, and the either parent to file an application for a certificate of (Prefiled by the sponsor(s).) survey results to be made available by June 30 each birth resulting in stillbirth for any fetal death report- year beginning with June 30, 2021, on the cabinet's ed; require the state registrar to issue a certificate BR898 - Representative Steve Riley Web site and reported to the Interim Joint Commit- of birth resulting in stillbirth upon completion of an (11/18/2019) tee on Health, Welfare, and Family Services; permit application; require the certificate of birth resulting the cabinet to promulgate administrative regulations in stillbirth to clearly indicate that it is not proof of a AN ACT relating to the Asset Resolution to implement the survey requirements. live birth and that it does not replace the requirement Corporation. (Prefiled by the sponsor(s).) to file a report of fetal death; require that the certifi- Amend KRS 164A.055 to redefine cate of birth resulting in stillbirth not be a proof of a "board"; establish the Asset Resolution Corporation BR827 - Representative Derek Lewis live birth for tax purposes. as an independent de jure municipal corporation and (11/12/2019) (Prefiled by the sponsor(s).) political subdivision; authorize the retention and compensation of employees; empower the corpora- AN ACT establishing a tax credit for BR853 - Representative Maria Sorolis tion to serve and support schools or students con- employers that make payments on refinanced loans (10/31/2019) cerning student finances, postsecondary education, issued by the Kentucky Higher Education Student and workforce development. Loan Corporation to employees. AN ACT relating to elections. (Prefiled by the sponsor(s).) Create a new section of KRS Amend KRS 116.025 to pro- Chapter 141 to allow an income tax credit for certain vide that a voter shall be a resident of the state and employers that make payments on refinanced loans precinct on or before the day of an election; amend issued by the Kentucky Higher Education Student KRS 116.045 to provide that a person who has not Loan Corporation to certain employees; amend KRS registered to vote prior to the time that the registra-

THE KENTUCKY GENERAL ASSEMBLY 53 BRs by Sponsor BR181 Osborne, David * - denotes primary sponsorship of BRs Elliott, Daniel BR290* BR181 Petrie, Jason Senate Fischer, Joseph M. BR125 Adams, Julie Raque BR240, 241* Pratt, Phillip BR492* Frazier, Deanna BR125, 181 Carroll, Danny BR817* Prunty, Melinda Gibbons BR176*, 182*, 257*, 494* Freeland, Chris BR72*, 125 Carroll, Julian M. BR181 Raymond, Josie BR236* Fugate, Chris BR126*, 334* Embry Jr., C.B. BR240 Reed, Brandon BR117*, 118*, 119*, 205*, 206* Goforth, Robert BR37, 125, 181*, 240*, 403* Harper Angel, Denise BR136*, 181, 240 Riley, Steve BR435* Gooch Jr., Jim BR120*, 121*, 125, 181, 898* Harris, Ernie BR204* Rothenburger, Rob BR184 Graham, Derrick BR82*, 83*, 151* Higdon, Jimmy BR237, 801* Rowland, Bart BR184* Graviss, Joe BR125, 181* Meredith, Stephen BR61, 136, 160*, 237, 409* Schamore, Dean BR275*, 278*, 315*, 423* Hale, David BR181 Neal, Gerald A. BR240 Scott, Attica BR859* Harris, Chris BR27*, 61*, 79*, 107*, 178*, 231*, 233*, 407*, Parrett, Dennis BR237 450*, 486* BR412* Hart, Mark Sheldon, Steve Schickel, John BR82*, 83*, 181, 203* BR125, 136, 166*, 181, 240 BR94*, 297* Hatton, Angie Sims Jr, John Stivers II, Robert BR499* BR36*, 181, 436* BR184 Heath, Richard Sorolis, Maria Thomas, Reginald BR240 BR237, 431*, 432*, 853*, 854* BR132* Hinkle, Kathy St. Onge, Diane Turner, Johnny Ray BR61, 237* BR6* BR270* Huff, Regina Stevenson, Cherlynn Wheeler, Phillip BR109*, 124*, 133*, 181, 212*, 215*, 288*, 482*, BR135*, 173*, 174*, 237 BR221* 817* Stewart III, Jim Huff, Thomas BR136 House BR95*, 181, 240, 808* Stone, Wilson Adkins, Rocky Jenkins, Joni L. BR125 BR237 BR237, 803* Thomas, Walker Bechler, Lynn Keene, Dennis BR125, 240, 251*, 252*, 377* BR143*, 240* BR80* Tipton, James Bentley, Danny King, Kim BR166*, 224*, 832* BR7*, 8*, 9*, 105*, 181, 240 BR139*, 240 Turner, Tommy Blanton, John Koch, Matthew BR181, 240 BR181 BR247* Upchurch, Ken Booker, Charles Kulkarni, Nima BR125, 181, 240 BR23*, 61, 187*, 237, 450 BR61, 237, 323*, 835* Webber, Russell Bratcher, Kevin D. Lee, Stan BR181, 808 BR127*, 160*, 808 BR181 Westrom, Susan Brenda, R. Travis Lewis, Derek BR97*, 456* BR102* BR31*, 181, 258*, 827* Wheatley, Buddy Bridges, Randy Marzian, Mary Lou BR237, 463* BR37*, 181 BR61* Wiederstein, Rob Brown Jr, George Massey, C. Ed BR3*, 4*, 48*, 49*, 50*, 66*, 76*, 78*, 120, 237, BR339*, 341*, 342*, 343* BR85*, 86*, 87*, 181, 291*, 367*, 391*, 485* 300*, 371*, 819* Burch, Tom McCool, Bobby Willner, Lisa BR273* BR181, 240, 263*, 844* BR120, 377* Carney, John Bam Meredith, Michael Yates, Les BR181 BR125*, 181 BR47*, 240 Donohue, Jeffery Miller, Jerry T. BR237, 355*, 356*, 357* BR32*, 179*, 468* Index Headings Dossett, Myron Minter, Patti BR240 BR125, 180* A DuPlessis, Jim Moore, Tim Administrative Regulations and Proceedings BR285* BR125 Advisory Boards, Commissions, and Committees Elkins, Larry Nemes, Jason Aeronautics and Aviation BR45*, 113*, 120, 136, 366*, 808 Aged Persons and Aging

54 2019 Interim LEGISLATIVE RECORD Agriculture Ethics Police, City and County Amusements and Recreation F Police, State Animals, Livestock, and Poultry Federal Laws and Regulations Pollution Appropriations Fees Property Athletics Financial Responsibility Property Valuation Administrators Attorney General Fire Prevention Public Assistance Attorney, Commonwealth's Firearms and Weapons Public Buildings and Grounds Attorneys Firefighters and Fire Departments Public Health Auditor of Public Accounts Fiscal Note Public Medical Assistance B Fish and Wildlife Public Officers and Employees Barbers and Cosmetologists Fuel Public Protection Boards and Commissions G Public Records and Reports Budget and Financial Administration Gambling Public Safety C General Assembly Public Salaries Campaign Finance Governor Public Utilities Cannabis Guardians Public Works Capital Construction H Purchasing Cemeteries and Burials Health and Medical Services R Charitable Organizations and Institutions Highways, Streets, and Bridges Race Relations Children and Minors Historical Affairs Racing Circuit Clerks Holidays Railroads Cities Honorary Highway Designations Reports Mandated Civil Actions Horses and Horse Racing Reproductive Issues Civil Procedure Hospitals and Nursing Homes Research and Methods Civil Rights Housing, Building, and Construction Retirement and Pensions Claims Hunting and Fishing Retroactive Legislation Clergy I S Compacts, Interstate Immigration Safety Consolidated Local Governments Information Technology Sales Constitution, Ky. Inspections Science and Technology Contracts Insurance, Health Secretary of State Corporations Interstate Cooperation Sheriffs Counties J Short Titles and Popular Names Counties with Cities of the First Class Jails and Jailers Small Business Counties, Charter L Special Districts Counties, Urban Labor and Industry Special Purpose Governmental Entities County Clerks Landlord and Tenant State Agencies Courts Legislative Research Commission State Employees Courts, Circuit Licensing State Symbols and Emblems Courts, Fiscal Liens Studies Directed Crime Victims Lieutenant Governor Substance Abuse Crimes and Punishments Loans and Credit Surface Mining Criminal Procedure Local Government T D Local Mandate Task Forces, Executive Branch Data Processing Lottery Taxation Deaths M Taxation, Income--Corporate Deeds and Conveyances Medicaid Taxation, Income--Individual Disabilities and the Disabled Men Taxation, Property Diseases Mental Health Taxation, Sales and Use Dogs Military Affairs and Civil Defense Teachers Domestic Relations Minerals and Mining Technology Driver Licensing Motor Vehicles Telecommunications Drugs and Medicines N Time E Noise Control Tobacco Economic Development Notices Trade Practices and Retailing Education, Elementary and Secondary Nurses Traffic Safety Education, Finance O Transportation Education, Higher Occupations and Professions Treasurer Education, Vocational Oil and Natural Gas U Effective Dates, Delayed P Unemployment Compensation Effective Dates, Emergency Parks and Shrines United States Elections and Voting Peace Officers and Law Enforcement Universities and Colleges Embalmers and Funeral Directors Personnel and Employment V Emergency Medical Services Pharmacists Vaping Energy Physicians and Practitioners Veterans Environment and Conservation

THE KENTUCKY GENERAL ASSEMBLY 55 Veterinarians creation of - BR300 from penalties - BR270 W Passing Wages and Hours Aeronautics and Aviation stopped school bus, cited by police, criminal cita- Waste Management Noise mitigation, income tax credit for - BR355 tion funds - BR136 Women stopped school bus, recorded by camera, civil pen- Workers' Compensation Aged Persons and Aging alty funds - BR136 Workforce Assisted-living communities, certification - BR182 Pension income exclusion, retroactively raise - BR215 BR Index Agriculture STEM teacher promise zone scholarship fund, cre- Commissioner, candidate for office, submission of ation of - BR31 Administrative Regulations and Proceedings federal income tax returns, requirement of - BR801 Alcoholic Beverage and Cannabis Control, medici- Commissioner of Agriculture, statement of use of Athletics nal marijuana program - BR366 state resources for nonpublic purposes, requiring Assualt of intimidation of a sports official, penalties Board - BR499 for - BR37 of Education, academic standards for African and Commissioner, successful candidate, repayment Public charter schools, repeal - BR61 Native American instruction - BR27 deadline for personal loans made to campaign - Wagering on athletic contests, licensing of - BR236 of Education, school bus stop arm cameras, regula- BR803 tions for requirement and inspections - BR136 Farmer Suicide Prevention Day, designating - Attorney General Cabinet BR403 Candidate for elective office, submission of federal for Health and Family Services, Medicaid ambu- Tax, sales and use, pasture, agricultural, and hor- income tax returns, requirement of - BR801 lance service provider assessment - BR83 ticulture land maintenance services, exemption of Hearing for Health and Family Services, patient safety cul- - BR102 officers, Kentucky Board of Medical Licensure, ture survey - BR819 disciplinary hearings - BR86 Department of Fish and Wildlife Resources, hunting Amusements and Recreation officers, pool, creation and maintenance of - BR86 coyotes at night - BR258 Casino gaming, licensing for - BR80 Kentucky Gaming Commission, appointment to KCTCS, endowment match fund, administration of Sports wagering, licensing of - BR236 - BR236 - BR252 Nonprofit healthcare conversion transactions, re- Kentucky Animals, Livestock, and Poultry quirements for - BR66 Board of Education, allowing construction manage- Abuse of animals, reporting by veterinarian - Officer Shooting Review Board, establishment of ment-at-risk option - BR87 BR205; BR288 - BR79 Board of Medical Licensure, due process proce- Animal cruelty, forfeiture of abused animal, requir- Regulatory Economic Analysis Advisory Group, dures - BR86 ing - BR135 membership on - BR300 Major economic action regulations, procedures for Assistance dogs, prohibiting misrepresentation of Statement of use of state resources for nonpublic - BR300 - BR139 purposes, requiring - BR499 Patient safety culture survey, hospitals to conduct Commercially manufactured, spring-loaded traps, Successful candidate, repayment deadline for per- - BR819 furbearers, prohibit use of - BR492 sonal loans made to campaign - BR803 Psychology Interjurisdictional Compact - BR377 Coyotes, hunting at night, requirements - BR258 Sanctuary Cruelty to equines, prohibition of - BR6 Attorney, Commonwealth's cities, determination of, establishment of hearing Danger of death, dog or cat, removal from vehicle, Shooting of an individual by a law enforcement offi- procedures - BR240 civil immunity - BR173 cer or deadly incident, investigation of - BR79 postsecondary institution, determination of, hearing Shelter pets, official pets of Kentucky, name and procedures - BR240 designate - BR160 Attorneys State Veterinarians, animal cruelty, allow reports of - Kentucky Gaming Commission, Commonwealth Board of Elections, prescribe forms - BR432 BR174 Attorney's Association member appointment to Board of Elections, voter preregistration, minimum - BR236 age of 16 - BR273 Appropriations Police, firearm registration and sales - BR342 Ambulance service assessment revenue fund, create Auditor of Public Accounts STEM teacher promise zone loan forgiveness, ad- - BR83 Candidate for elective office, submission of federal ministration of - BR31 Bowling Green Veterans Center, design and precon- income tax returns, requirement of - BR801 Transportation struction - BR125 Examination, compliance with the Kentucky Open Cabinet, school bus stop arm camera violation, Direct Health Care Services and Research Facilities Data Standards and Portal Act - BR3 administrative proceedings - BR136 Operations Loan - BR290 Statement of use of state resources for nonpublic Cabinet, school bus stop arm camera violation, Evidence-based decisions - BR76 purposes, requiring - BR499 defenses to civil penalty - BR136 Finance and Administration Cabinet, reimburse Successful candidate, repayment deadline for per- Cabinet, school bus stop arm cameras, regulations non-govermental employee on policymaking task sonal loans made to campaign - BR803 for enforcement and proceedings - BR136 force - BR371 Voluntary KCTCS, endowment match fund, $3 million annual- Barbers and Cosmetologists non-opioid directive, Cabinet for Health and Family ly - BR252 Cosmetologists, practice outside of licensed estab- Services, administrative regulations - BR7 Kentucky all-payer claim database fund, establish- lishments - BR233 non-opioid directive, licensing boards, administra- ing - BR50 tive regulations for - BR7 Medicinal Boards and Commissions marijuana program, local medicinal marijuana trust Board Advisory Boards, Commissions, and Committees fund - BR366 of Education, academic standards for African and Kentucky all-payer claim database advisory commit- marijuana program, medicinal marijuana trust fund Native American instruction - BR27 tee, establishing - BR50 - BR366 of Education, eligibility and membership - BR357 Regulatory Economic Analysis Advisory Group, Mining performance bonds, distribution of funds Commonwealth of Kentucky Data Governance and

56 2019 Interim LEGISLATIVE RECORD Management Advisory Board, creation of - BR3 Bullying, petition for a protective order - BR97 Data working group, creation of - BR3 definition - BR126 Nonprofit healthcare conversion transactions, re- Kentucky notification of allegations of bullying, parents to quirements for - BR66 Gaming Commission, creation of - BR236 receive - BR126 Transportation Board, establishment, membership, Certificate of stillbirth resulting in death, issue, upon Civil Rights powers, and duties - BR184 request of parent - BR844 Employment discrimination, requirement of criminal Officer Shooting Review Board, establishment of Child abuse, reporting of - BR143 history on job applications, prohibition - BR343 - BR79 Corporal physical discipline, use of, prohibiting Hair texture and hairstyle, expanding the definition Recommended Biennial Highway Construction - BR120 of race to include - BR231 Plan, Kentucky Transportation Board approval - Excused school absences, up to four days when BR184 consulting with military recruiters - BR391 Claims State assistance and state management, Board of Historical instruction, African and Native American Building code, violations of - BR485 Education, process for - BR357 history, requirements for - BR27 State, Elections, promulgate administrative regula- Kindergarten, full day of attendance for - BR334 Clergy tions for, voter preregistration - BR273 Persons eligible for, voter preregistration, minimum Child abuse, reporting of - BR143 age of 16 - BR273 Mental health professional and clergy, authority to Budget and Financial Administration Statute of limitations, childhood sexual abuse, crimi- petition for a protective order - BR97 Bowling Green Veterans Center, design and precon- nal and civil actions - BR143 struction - BR125 STEAM education, taskforce to improve diversity in Compacts, Interstate Candidates for elective office, federal income tax - BR486 Psychology Interjurisdictional Compact - BR377 returns, requirement of, fees collected - BR801 Student identification badges required to contain Direct Health Care Services and Research Facilities national crisis hotline numbers - BR435 Consolidated Local Governments Operations Loan - BR290 Unlawful storage of a firearm, prohibition of - Fire districts and subdistricts, emergency ambulance Evidence-based decisions - BR76 BR341 service, provision of - BR45 Fiscal note requirements, establishment of - BR4 Major economic action regulations, procedures for Circuit Clerks Constitution, Ky. - BR300 Driver license application, automatic voter preregis- Amendment, abortion, no protected right - BR241 Recommended Six-Year Road Plan, Kentucky tration and registration, option to decline - BR273 General Assembly, terms of members, limiting - Transportation Board approval - BR184 Driver's license application, automatic voter regis- BR78 tration, option to decline, provide for - BR854 Property tax, exemption, veterans' service organiza- Campaign Finance tions, proposed amendment - BR127 Candidates for elective office, submission of federal Cities Voting income tax returns, requirement of - BR801 Emergency medical services personnel, disabled rights for felons, constitutional amendment to pro- Personal loans, successful candidates for constitu- or killed, tuition benefits for spouse and children vide - BR859 tional officers, deadline - BR803 - BR82 rights, prohibitions relating to - BR23 Fire districts and subdistricts, emergency ambulance Cannabis service, provision of - BR45 Contracts CBD oil, THC, drug testing, employment discrimi- Firefighters, disabled or killed, tuition benefits for Non-compete clauses for physicians and osteopaths, nation, prohibiting - BR436 spouse and children - BR82 void - BR48 Medicinal marijuana program, establishment - Law enforcement officers, disabled or killed, tuition BR366 benefits for spouse or children - BR82 Corporations Vapor product enhanced cartridge, inclusion of - Minimum wage, authority to establish - BR132; Asset Resolution Corporation, organization and BR468 BR237 powers of - BR898

Capital Construction Civil Actions Counties Bowling Green Veterans Center, design and precon- Building code, violations of - BR485 County waste planning areas, residual landfills, struction - BR125 Criminal licensing for - BR206 gangs, activities, offense, and penalties relating to Emergency medical services personnel, disabled or Cemeteries and Burials - BR450 killed, tuition benefits for spouse or children - BR82 Disposition of remains, guardian to determine - mischief in the first degree, personal or real proper- Fee for emergency services authorized - BR151 BR423 ty damages, recovery of - BR204 Fire districts and subdistricts, emergency ambulance Immunity, vehicle damage, removal of dog or cat in service, provision of - BR45 Charitable Organizations and Institutions danger of death - BR173 Firefighters, disabled or killed, tuition benefits for KCTCS, endowment match - BR252 Nonprofit healthcare conversion transactions, re- spouse or children - BR82 Nonprofit healthcare conversion transactions, re- quirements for - BR66 Law enforcement officers, disabled or killed, tuition quirements for - BR66 Statute of limitations, childhood sexual abuse - benefits for spouse or children - BR82 BR143 Minimum wage, authority to establish - BR132; Children and Minors BR237 Abortion, constitutional amendment, no protected Civil Procedure Population of 90,000 or more, designation of right - BR241 Criminal gangs, activities, offense, and penalties countywide voting locations - BR432 ASVAB, relating to - BR450 school counseling based on results and included in Hair texture and hairstyle, expanding the definition Counties with Cities of the First Class individualized learning plans - BR391 of race to include - BR231 Reformulated gasoline requirements, study of - schools to offer test, grades 10 to 12 - BR391 Immunity, vehicle damage, removal of dog or cat in BR808 Baby products and diapers, exemption of sales and danger of death - BR173 use tax - BR178 Mental health professional and clergy, authority to

THE KENTUCKY GENERAL ASSEMBLY 57 Counties, Charter of, prohibiting - BR120 BR366 Fire districts and subdistricts, emergency ambulance Criminal Persons with mobility limitations, providing cosmet- service, provision of - BR45 gangs, activities, offense, and penalties relating to ic services for - BR233 - BR450 Counties, Urban mischief in the first degree - BR204 Diseases Fire districts and subdistricts, emergency ambulance Cruelty to equines, prohibition of - BR6 Diabetes, service, provision of - BR45 Deadly weapons, concealed carry without license, prescription insulin drug, cost sharing, capped - repeal - BR187 BR221 County Clerks Domestic prescription insulin drugs, cost sharing, rebate Automatic abuse convictions, firearms surrender, procedures established - BR221 voter preregistration and registration, required - BR835 Ehlers-Danlos Syndome Awareness Month, declar- information from circuit clerks - BR273 violence, firearms possession, create crime - ing - BR482 voter registration, required information from circuit BR835 Medicinal marijuana program, establishment - clerks and certain state agencies - BR854 Evidence-based decisions - BR76 BR366 County board of elections, counties of 90,000 or Felons' voting rights, constitutional amendment to Prostate Cancer Awareness, September 2020 recog- more population, provide designated voting location provide - BR859 nizing - BR297 - BR432 Firearms, comprehensive regulation of - BR342 Early voting, omnibus bill - BR431 Immigration laws, enforcement of, requiring - Dogs Fee for emergency services placed upon property tax BR240 Abuse of animals, reporting by veterinarian - bill, authorization - BR151 Intimidation of a sports official, establish offense, BR205; BR288 Provide voter preregistration forms to secondary Class A misdemeanor - BR37 Animal cruelty, forfeiture of abused animal, requir- schools officials, assistance with, processing of - Passing stopped school bus, cited by police, criminal ing - BR135 BR273 citation funds - BR136 Assistance dogs, prohibiting misrepresentation of Same-day voter registration on election day, report Residential rental property, criminal mischief, penal- - BR139 of registrations to State Board of Elections - BR853 ty - BR94 Danger of death, removal from vehicle, civil immu- Statute of limitations, childhood sexual abuse, crimi- nity - BR173 Courts nal and civil actions - BR143 Shelter pets, official pets of Kentucky, name and Criminal gangs, activities, offense, and penalties Tampering with the outcome of a sporting event, designate - BR160 relating to - BR450 penalty for - BR236 Veterinarians, animal cruelty, allow reports of - Domestic Theft of wages, creation of offense - BR263 BR174 abuse convictions, firearms surrender, procedures Trespass upon key infrastructure assets - BR204 - BR835 Unlawful storage of a firearm, prohibition of - Domestic Relations violence orders, firearms surrender, procedures BR341 Domestic - BR835 Voting rights, prohibitions relating to - BR23 abuse convictions, firearms surrender, procedures Mental health professional and clergy, authority to - BR835 petition for a protective order - BR97 Criminal Procedure violence orders, firearms surrender, procedures Nonprofit healthcare conversion transactions, re- Animal cruelty, forfeiture of abused animal, requir- - BR835 quirements for - BR66 ing - BR135 Assault of a sports official, increase penalty, Class D Driver Licensing Courts, Circuit felony - BR37 Application, automatic voter preregistration and Assisted-living communities, initiate injunctive Criminal gangs, activities, offense, and penalties registration, option to decline - BR273 relief - BR182 relating to - BR450 Personal communication device, use by driver, pro- Firearms, comprehensive regulation of - BR342 hibiting - BR212 Courts, Fiscal Intimidation of a sports official, establish offense, School or church bus, illegal passing of, 90 day Waste management facilities, licensing for - BR206 Class A misdemeanor - BR37 operator's license revocation - BR124 Officer Shooting Review Board, establishment of Crime Victims - BR79 Drugs and Medicines Child abuse, reporting of - BR143 Veterinarians, animal cruelty, allow reports of - CBD oil, THC, drug testing, employment discrimi- Criminal gangs, activities, offense, and penalties BR174 nation, prohibiting - BR436 relating to - BR450 Controlled substances, risks, benefits, limitations, Mental health professional and clergy, authority to Data Processing practitioner discussion with patient - BR8 petition for a protective order - BR97 Data, creation of open data portal - BR3 Medicaid managed care contract, limiting - BR278 Statute of limitations, childhood sexual abuse, crimi- Medicinal marijuana program, establishment - nal and civil actions - BR143 Deaths BR366 Certificate of stillbirth resulting in death, issue, upon Opioid depression reversal drug, requiring prescrip- Crimes and Punishments request of parent - BR844 tion of - BR8 Animal cruelty, forfeiture of abused animal, requir- Disposition of remains, guardian to determine - Prescription ing - BR135 BR423 insulin drugs, cost sharing, capped - BR105; Assault of a sports official, increase penalty, Class D BR221 felony - BR37 Deeds and Conveyances insulin drugs, cost sharing, rebate established - Assistance dogs, prohibiting misrepresentation of Preservation easement, Kentucky Heritage Council, BR221 - BR139 recommendation before sale or transfer - BR356 Voluntary non-opioid directive, creation - BR7 Assisted-living communities, certification prohibited - BR182 Disabilities and the Disabled Economic Development Child abuse, reporting of - BR143 Assisted-living communities, certification - BR182 Direct Health Care Services and Research Facilities Corporal physical discipline of minor by teacher, use Medicinal marijuana program, establishment - Operations Loan - BR290

58 2019 Interim LEGISLATIVE RECORD Incentives, effect of professional employer organiza- - BR290 quirements for - BR66 tion - BR72 Pension income exclusion, retroactively raise - KBI program, minimum weekly wage, requiring Education, Higher BR215 - BR325 Asset Resolution Corporation, powers of - BR898 State assistance and state management, process for Kentucky Workers' Compensation Funding Com- Contracts, Kentucky Buy American Act, compliance - BR357 mission - BR494 with - BR324 Statute of limitations, childhood sexual abuse, crimi- Promise zone, STEM teacher, loan forgiveness for Emergency medical services personnel, disabled or nal and civil actions - BR143 - BR31 killed, tuition benefits for spouse or children - BR82 Feminine hygiene products, free to students - Elections and Voting Education, Elementary and Secondary BR407 Candidate filing deadline, extension of, limited Arts instruction, requiring schools to offer - BR203 KCTCS, endowment match - BR252 circumstance - BR47 ASVAB, Kentucky Tuition Grant, institutional eligibility Candidates for elective office, submission of federal school counseling based on results and included in - BR832 income tax returns, requirement of - BR801 individualized learning plans - BR391 Law enforcement officers, disabled or killed, tuition Casino gaming, local option elections for - BR80 schools to offer test, grades 10 to 12 - BR391 benefits for spouse or children - BR82 Designation of countywide voting locations, coun- Bullying, Medical schools, faculty contracts, physician ties with population of 90,000 or more - BR432 notification of allegations to parents, code of ac- non-compete clauses, exceptions - BR48 Driver license application, automatic voter preregis- ceptable behavior to include - BR126 Sanctuary postsecondary institution, state funding, tration and registration, option to decline - BR273 restoration of a sense of safety for victims, code of withholding of - BR240 Early voting, omnibus bill - BR431 acceptable behavior to include - BR126 Student identification badges required to contain Felons' voting rights, constitutional amendment to Corporal physical discipline, use of, prohibiting national crisis hotline numbers - BR435 provide - BR859 - BR120 University of Louisville, Direct Health Care General Assembly, terms of members, limiting - Evidence-based decisions for truancy - BR76 Services and Research Facilities Operations Loan BR78 Excused absences, up to four days when consulting - BR290 Persons eligible for, voter preregistraton, minimum with military recruiters - BR391 age of 16 - BR273 FAFSA completion, require for high school gradua- Education, Vocational Same-day voter registration on election day - tion - BR817 Student identification badges required to contain BR853 Historical instruction, African and Native American national crisis hotline numbers - BR435 Successful candidates for Governor/Lt. Governor, history requirements for - BR27 repayment of personal loans - BR803 Kindergarten, full day of instruction for - BR334 Effective Dates, Delayed Vacancies in elective office, extension of filing dead- Passing stopped school bus, recorded by camera, Call center relocations, January 1, 2021 - BR113 line to fill, limited circumstance - BR47 establishing civil penalties for - BR136 Constitutional amendment, passage of - BR80 Voter registration, automatic with driver's license ap- Public charter schools, repeal - BR61 Coverage for preexisting conditions, January 1, 2021 plication and other designated applications - BR854 School - BR180 Voting rights, prohibitions relating to - BR23 bus, illegal passing of, 90 day operator's license Educational institutuion, employment of illegal revocation - BR124 aliens, January 1, 2021 - BR240 Embalmers and Funeral Directors bus stop arm cameras, requirement - BR136 Firearms, registration, licensing, and logging of, Disposition of remains, guardian to determine - construction, allowing construction manage- January 1, 2021 - BR342 BR423 ment-at-risk option - BR87 Insurance eligibility and premium requirements, report card, adding school profile report to - BR203 January 1, 2021 - BR180 Emergency Medical Services State assistance and state management, process for Medicinal marijuana program, portions to begin Certificate of need, elimination of - BR49 - BR357 January 1, 2021 - BR366 Emergency medical services personnel, disabled or STEAM education, taskforce to improve diversity in Prescription killed, tuition benefits for spouse or children - BR82 - BR486 drug insurance coverage, cost-sharing requirements, Fee for emergency services authorized - BR151 Student identification badges required to contain January 1, 2021 - BR9 Fire districts and subdistricts, emergency ambulance national crisis hotline numbers - BR435 insulin drugs, cost sharing, January 1, 2021 - service, provision of - BR45 Voter registration and curriculum, annual require- BR105; BR221 Medicaid ambulance service provider assessment, ment, programs relating, include sophomores, report Sales and use tax, farm land maintenance services, create - BR83 - BR273 exemption of, August 1, 2020 - BR102 Tax, sales and use, effective January 1, 2021 - BR36 Energy Education, Finance Tobacco products tax, vapor products - BR32 Criminal mischief in the first degree - BR204 Asset Resolution Corporation, organization and Year-round daylight saving time, upon passage of Trespass upon key infrastructure assets - BR204 powers of - BR898 legislation by Congress - BR181 FAFSA completion, require for high school gradua- Environment and Conservation tion - BR817 Effective Dates, Emergency Municipal solid waste disposal facility, residual Income tax, qualified employer loan payment credit, Bowling Green Veterans Center, design and precon- landfills, definitions of - BR206 creation of - BR827 struction - BR125 Preservation easement, historic places, recommen- KCTCS, endowment match - BR252 Certificate of need, elimination of - BR49 dation before sale or transfer - BR356 Kentucky Tuition Grant, institutional eligibility Child abuse, reporting of - BR143 Reformulated gasoline requirements, determination - BR832 Direct Health Care Services and Research Facilities of benefits of - BR808 KHEAA, promise zone, STEM teacher loan forgive- Operations Loan - BR290 Waste disposal facility, local determination, private ness program, creation of - BR31 Fee for emergency services authorized - BR151 facilities, requirement for - BR118 Sanctuary postsecondary institution, state funding, Firearms, comprehensive regulation of - BR342 withholding of - BR240 KCTCS, endowment match fund, creation of - Ethics University of Louisville, Direct Health Care BR252 Statewide elected officials, statement of use of Services and Research Facilities Operations Loan Nonprofit healthcare conversion transactions, re- state resources for nonpublic purposes, requiring

THE KENTUCKY GENERAL ASSEMBLY 59 - BR499 of benefits of - BR808 Instruction in African and Native American history - BR27 Federal Laws and Regulations Gambling Quantitative highway project evaluation system, Clean Air Act, reformulated gasoline requirements, Casino gaming, licensing for - BR80 establishment - BR184 executive branch study of - BR808 Sports wagering, authorization for - BR236 Recommended Daylight saving time, year-round, authorizing - Biennial Highway Construction Plan, Kentucky BR181 General Assembly Transportation Board approval - BR184 Immigration laws, enforcement of, requiring - Fiscal note requirements, establishment of - BR4 Six-Year Road Plan, Kentucky Transportation BR240 Introduction of bills, limitation of - BR4 Board approval - BR184 Medicinal marijuana program, establishment - Terms of members, limit - BR78 School or church bus, illegal passing of, 90 day BR366 operator's license revocation - BR124 Governor Fees Candidate for elective office, submission of federal Historical Affairs Casino gaming, licensing fees for - BR80 income tax returns, requirement of - BR801 Preservation easement, historic places, recommen- Medicaid ambulance service provider assessment, First Responder Recognition Day, designation of dation before sale or transfer - BR356 create - BR83 - BR291 Sports wagering, licensing of - BR236 Statement of use of state resources for nonpublic Holidays Vapor product enhanced cartridge retailer or manu- purposes, requiring - BR499 Ehlers-Danlos Syndome Awareness Month, declar- facturer, registration fee for - BR468 Successful candidate, repayment deadline for per- ing - BR482 sonal loans made to campaign - BR803 First Responder Recognition Day, designation of Financial Responsibility - BR291 Wage performance bonds for employers engaged in Guardians mining, notification of compliance - BR270 Disposition of remains, guardian to determine - Honorary Highway Designations BR423 Veterans Suicide Memorial Mile, Interstate 75, Fire Prevention Whitley County - BR109 Fire districts and subdistricts, emergency ambulance Health and Medical Services service, provision of - BR45 Assisted-living communities, certification - BR182 Horses and Horse Racing Bowling Green Veterans Center, design and precon- Cruelty to equines, prohibition of - BR6 Firearms and Weapons struction - BR125 Limited casino gaming, tracks authorized for - Deadly weapons, concealed carry without license, Certificate BR80 repeal - BR187 of need, elimination of - BR49 Veterinarians, animal cruelty, allow reports of - Domestic of stillbirth resulting in death, issue, upon request of BR174 abuse convictions, firearms surrender, procedures parent - BR844 - BR835 Controlled substances, risks, benefits, limitations, Hospitals and Nursing Homes violence orders, firearms surrender, procedures practitioner discussion with patient - BR8 Assisted-living communities, certification - BR182 - BR835 Employment contracts, physician non-compete Certificate of need, elimination of - BR49 Firearms, comprehensive regulation of - BR342 clauses, void - BR48 Long-term care administrators, temporary permit, Unlawful storage of a firearm, prohibition of - Feminine hygiene products, free to public postsec- extension - BR121 BR341 ondary students - BR407 Medicaid payments, reporting and reimbursing - Living organ donation, promotion of - BR179 BR275 Firefighters and Fire Departments Long-term care administrators, temporary permit, Nonprofit healthcare conversion transactions, re- Disabled or killed, tuition benefits for spouse or extension - BR121 quirements for - BR66 children - BR82 Medicaid, copayments, prohibiting - BR315 Nursing homes, providing cosmetic services in - Fire districts and subdistricts, emergency ambulance Medicaid BR233 service, provision of - BR45 managed care contract, limiting - BR278 Patient safety culture survey, hospitals to conduct Firefighters, disabled or killed, tuition benefits for payments, reporting and reimbursing - BR275 - BR819 spouse or children - BR82 Medicinal marijuana program, establishment - First Responder Recognition Day, designation of BR366 Housing, Building, and Construction - BR291 Nonprofit healthcare conversion transactions, re- Building code, violations of - BR485 quirements for - BR66 Fiscal Note Patient safety culture survey, hospitals to conduct Hunting and Fishing Baby products and diapers, exemption of - BR178 - BR819 Commercially manufactured, spring-loaded traps, KCTCS, endowment match fund, creation of - Prescription insulin drugs, cost sharing, capped furbearers, prohibit use of - BR492 BR252 - BR221 Coyotes, hunting at night, requirements - BR258 Pension income exclusion, retroactively raise - Prostate Cancer Awareness, September 2020 recog- BR215 nizing - BR297 Immigration Sales and use tax, feminine hygiene products, ex- Psychology Interjurisdictional Compact - BR377 Immigration laws, enforcement of, requiring - emption of - BR107 BR240 Highways, Streets, and Bridges Fish and Wildlife Contracts, Kentucky Buy American Act, compliance Information Technology Commercially manufactured, spring-loaded traps, with - BR324 Data, creation of open data portal - BR3 furbearers, prohibit use of - BR492 Criminal Coyotes, hunting at night, requirements - BR258 littering, unsafe amounts of leaves or mowed grass Inspections left on highway - BR119 School bus stop arm cameras, Department of Educa- Fuel littering, unsafe amounts of mowed grass left on tion, inspection of - BR136 Reformulated gasoline requirements, determination highway - BR133; BR176

60 2019 Interim LEGISLATIVE RECORD Insurance, Health Honor and Remember flag, emblem of remem- Certificate of need, elimination of - BR49 Liens brance, designation of - BR85 Cost-sharing requirements, calculation of - BR9 Motor vehicle titles, issuance to holder of security Military pensions, income tax deduction for - Health interest rather than owner - BR95 BR251; BR367 status-related factors, insurance premium require- ments - BR180 Lieutenant Governor Minerals and Mining status-related factors prohibited, insurance eligibil- Candidate for elective office, submission of federal Mining permits, conditions for approval, compliance ity - BR180 income tax returns, requirement of - BR801 with wage performance bond requirements - BR270 Kentucky all-payer claim database, establishing Statement of use of state resources for nonpublic - BR50 purposes, requiring - BR499 Motor Vehicles Medicaid payments, reporting and reimbursing - Successful candidate, repayment deadline for per- Damage, civil immunity, removal of dog or cat - BR275 sonal loans made to campaign - BR803 BR173 Preexisting conditions, insurance coverage, requir- Personal communication device, use by driver, pro- ing - BR180 Loans and Credit hibiting - BR166; BR212 Prescription Direct Health Care Services and Research Facilities Safety features for prevention of hot car deaths, drug coverage, cost-sharing requirements for - BR9 Operations Loan - BR290 installation of - BR285 insulin drugs, cost sharing, capped - BR105; School or church bus, illegal passing of, 90 day BR221 Local Government operator's license revocation - BR124 Contracts, Kentucky Buy American Act, compliance Titles, issuance to holder of security interest rather Interstate Cooperation with - BR324 than owner - BR95 Psychology Interjurisdictional Compact - BR377 Fee for emergency services authorized - BR151 Fire districts and subdistricts, emergency ambulance Noise Control Jails and Jailers service, provision of - BR45 Airport noise mitigation, income tax credit for - Residential rental property, criminal mischief, penal- Firearms, comprehensive regulation of - BR342 BR355 ty - BR94 Firefighters, disabled or killed, tuition benefits for spouse or children - BR82 Notices Labor and Industry Honor and Remember flag, emblem of remem- Historic sites and places, Kentucky Heritage Coun- Call center relocations to a foreign country, notice to brance, designation of - BR85 cil, notice to before sale or transfer - BR356 Labor Cabinet - BR113 Law enforcement officers, disabled or killed, tuition Wage performance bonds for employers engaged in CBD oil, THC, drug testing, employment discrimi- benefits for spouse and children - BR82 mining, notification of compliance - BR270 nation, prohibiting - BR436 Minimum wage, authority to establish - BR132; Employment discrimination, requirement of criminal BR237 Nurses history on job applications, prohibition - BR343 Waste disposal facility, local government determina- Controlled substances, risks, benefits, limitations, Evidence-based decisions for gainful employment tion, private facilities, requirement for - BR118 discussion with patient - BR8 - BR76 Opioid depression reversal drug, requiring prescrip- Prevailing wage, public works, creating - BR323 Local Mandate tion of - BR8 Professional employer organizations, regulation of Immigration laws, enforcement of, requiring - Patient safety culture survey, hospitals to conduct - BR72 BR240 - BR819 State minimum wage, increase - BR132; BR237 Unlawful employment practice, inquiry about previ- Lottery Occupations and Professions ous salary - BR456 Casino gaming, oversight of - BR80 Casino occupations, licensing for - BR80 Wages, recordkeeping and reporting of - BR263 Sports wagering, inclusion of - BR236 Cosmetologists, providing services outside of li- censed establishment - BR233 Landlord and Tenant Medicaid Estheticians, practice outside of licensed establish- Residential rental property, criminal mischief, penal- Copayments, prohibiting - BR315 ments - BR233 ty - BR94 Medicaid Medicinal marijuana program, establishment - ambulance service provider assessment, create BR366 Legislative Research Commission - BR83 Nail technician, practice outside of licensed estab- Fiscal note requirements, establishment of - BR4 managed care contract, limiting - BR278 lishments - BR233 Major economic action regulations, legislative pro- payments, reporting and reimbursing - BR275 Psychology Interjurisdictional Compact - BR377 cedures for - BR300 Reports received, voter preregistration and registra- Men Oil and Natural Gas tion, school districts - BR273 Prostate Cancer Awareness, September 2020 recog- Criminal mischief in the first degree - BR204 nizing - BR297 Trespass upon key infrastructure assets - BR204 Licensing Casino gaming, licensing for - BR80 Mental Health Parks and Shrines Deadly weapons, concealed carry without license, Certificate of need, elimination of - BR49 Historic sites and places, Kentucky Heritage Coun- repeal - BR187 Farmer Suicide Prevention Day, designating - cil, notice to before sale or transfer - BR356 Fiscal court, waste management facilities, licensing BR403 for - BR206 National suicide hotline number, student identifica- Peace Officers and Law Enforcement Medicinal marijuana program, establishment - tion badges required to contain - BR435 Assistance dogs, misrepresentation, allowing inves- BR366 tigation of - BR139 Psychology Interjurisdictional Compact - BR377 Military Affairs and Civil Defense Firearms Sports wagering, licensing of - BR236 ASVAB, schools to offer test, grades 10 to 12 - surrender, domestic abuse convictions, procedures "Veteran-owned business," amend definition of BR391 - BR835 - BR412 surrender, domestic violence orders, procedures THE KENTUCKY GENERAL ASSEMBLY 61 - BR835 Police, State preference - BR257 First Responder Recognition Day, designation of Disabled or killed, tuition benefits for spouse and Retirement, impact of part-time nonhazardous em- - BR291 children - BR82 ployment on full-time hazardous member's retire- Immigration laws, enforcement of, requiring - Firearms, comprehensive regulation of - BR342 ment - BR224 BR240 First Responder Recognition Day, designation of State employees, annual increment, consumer price Residential rental property, criminal mischief, penal- - BR291 index, use of - BR409 ty - BR94 Immigration laws, enforcement of, requiring - Shooting of an individual by a law enforcement offi- BR240 Public Protection cer or deadly incident, investigation of - BR79 Personal communication device, use by driver, pro- Building code, violations of - BR485 hibiting - BR166; BR212 Personnel and Employment Shooting of an individual by a law enforcement offi- Public Records and Reports Call center relocations to a foreign country, notice to cer or deadly incident, investigation of - BR79 Open data portal, creation of - BR3 Labor Cabinet - BR113 Shooting of an individual by a law enforcement offi- CBD oil, THC, drug testing, employment discrimi- Pollution cer or deadly incident, investigation of - BR79 nation, prohibiting - BR436 Waste Employment discrimination, requirement of criminal disposal facility, local determination, private facili- Public Safety history on job applications, prohibition - BR343 ties, requirement for - BR118 Fire districts and subdistricts, emergency ambulance Interview preference for employees of quasi-govern- management facilities, local determination, environ- service, provision of - BR45 mental agencies, establishing - BR257 mental control, fees used for - BR206 Patient safety culture survey, hospitals to conduct Physicians, employment contracts, non-compete - BR819 clauses, void - BR48 Property School bus stop arm cameras, requiring - BR136 Professional employer organizations, regulation of Firearms, Shooting of an individual by a law enforcement offi- - BR72 surrender, domestic abuse offenses - BR835 cer or deadly incident, investigation of - BR79 State minimum wage, increase - BR132; BR237 surrender, domestic violence orders - BR835 Unlawful storage of a firearm, prohibition of - Unlawful employment practice, inquiry about previ- Preservation easement, historic places, recommen- BR341 ous salary - BR456 dation before sale or transfer - BR356 Wages, recordkeeping and reporting of - BR263 Residential rental, criminal mischief, penalty - Public Salaries BR94 State employees, annual increment, consumer price Pharmacists index, use of - BR409 Controlled substances, risks, benefits, limitations, Property Valuation Administrators discussion with patient - BR8 Vacancy in office, administration of examination Public Utilities Medicaid managed care contract, limiting - BR278 required before filled - BR47 Criminal mischief in the first degree - BR204 Prescription drug coverage, cost-sharing require- Trespass upon key infrastructure assets - BR204 ments for - BR9 Public Assistance Voter registration, automatic with application for Public Works Physicians and Practitioners certain benefits - BR854 Contracts, Kentucky Buy American Act, compliance Certificate of need, elimination of - BR49 with - BR324 Controlled substances, risks, benefits, limitations, Public Buildings and Grounds Prevailing wage, creating - BR323 discussion with patient - BR8 Contracts, Kentucky Buy American Act, compliance Employment contracts, non-compete clauses, void with - BR324 Purchasing - BR48 Preservation easement, Kentucky Heritage Council, Public contracts, Kentucky Buy American Act, com- Kentucky Board of Medical Licensure, hearing recommendation before sale or transfer - BR356 pliance with - BR324 procedures, hearing officer role in - BR86 Medicaid Public Health Race Relations managed care contract, limiting - BR278 Certificate Hair texture and hairstyle, expanding the definition payments, reporting and reimbursing - BR275 of need, elimination of - BR49 of race to include - BR231 Medicinal marijuana program, establishment - of stillbirth resulting in death, issue, upon request of BR366 parent - BR844 Racing Opioid depression reversal drug, requiring prescrip- Living organ donation, promotion of - BR179 Sports wagering, licensing of - BR236 tion of - BR8 Medicinal marijuana program, establishment - Patient safety culture survey, hospitals to conduct BR366 Railroads - BR819 Patient safety culture survey, hospitals to conduct Civil penalties, violation of two-person train crew Voluntary non-opioid directive, creation - BR7 - BR819 requirement - BR328 Prostate Cancer Awareness, September 2020 recog- Train crews, two-person requirement - BR328 Police, City and County nizing - BR297 Disabled or killed, tuition benefits for spouse and Vapor product enhanced cartridge, sales of - BR468 Reports Mandated children - BR82 Department First Responder Recognition Day, designation of Public Medical Assistance of revenue expenditure report, baby products and - BR291 Copayments, prohibiting - BR315 diapers - BR178 Immigration laws, enforcement of, requiring - Medicaid managed care contract, limiting - BR278 of Revenue, expenditure report, feminine hygiene BR240 products - BR107 Personal communication device, use by driver, pro- Public Officers and Employees Kentucky Department of Education, arts instruction, hibiting - BR166; BR212 Immigration laws, enforcement of, requiring - report on - BR203 Shooting of an individual by a law enforcement offi- BR240 Medicaid payments, reporting - BR275 cer or deadly incident, investigation of - BR79 Quasi-governmental agencies, establishing interview

62 2019 Interim LEGISLATIVE RECORD Reproductive Issues Firearms - BR47 Abortion, constitutional amendment, no protected surrender, domestic abuse convictions, procedures of Veterans' Affairs, Bowling Green Veterans Center right - BR241 - BR835 - BR125 Feminine hygiene products, free to public postsec- surrender, domestic violence orders, procedures Early voting, application form, signature roster - ondary students - BR407 - BR835 BR431 Sales and use tax, feminine hygiene products, ex- Immigration laws, enforcement of, requiring - Economic Development, Direct Health Care emption of - BR107 BR240 Services and Research Facilities Operations Loan Shooting of an individual by a law enforcement offi- - BR290 Research and Methods cer or deadly incident, investigation of - BR79 Energy and Environment Cabinet, reformulated gas, Patient safety culture survey, hospitals to conduct study of - BR808 - BR819 Short Titles and Popular Names Evidence-Based Policymaking Task Force, establish Arts Education Equity Act - BR203 in Finance and Administration Cabinet - BR371 Retirement and Pensions Ban the Box-The Criminal Record Employment Honor and Remember flag, emblem of remem- Casino gaming, revenue generated by - BR80 Discrimination Act - BR343 brance, designation of - BR85 Impact of part-time nonhazardous employment on Follow My Doctor Act - BR48 Interview preference, employees of quasi-govern- full-time hazardous member's retirement - BR224 Kentucky mental agencies, establishing - BR257 Individual income tax, pension income exclusion Administrative Regulation Accountability Act of Kentucky - BR117 2020 - BR300 Board of Education, hearing officers, random selec- Kentucky Retirement Systems, post-retirement Buy American Act - BR324 tion of - BR86 change of beneficiary and option, qualifying events Open Data Standards and Portal Act - BR3 Board of Medical Licensure, hearing officers, pro- for - BR463 Klaire's Law - BR6 vided by Attorney General - BR86 Military pensions, income tax deduction for - Save Kentucky Call Center Jobs Act of 2020 - Board of Medical Licensure, hearing officers, quali- BR251; BR367 BR113 fications - BR86 Pension income exclusion, retroactively raise - Department of Education, arts instruction, providing BR215 Small Business resources and guidance for - BR203 Vapor product enhanced cartridge retailer or manu- Department of Education, arts instruction, report on Retroactive Legislation facturer, registration fee for - BR468 - BR203 November 2019 elections, repayment deadline for "Veteran-owned business," amend definition of Department of Education, STEAM education, urge personal loans - BR803 - BR412 task force to improve diversity in - BR486 Pension income exclusion, raise for tax years begin- Retirement Systems, part-time nonhazardous em- ning on or after January 1, 2018 - BR215 Special Districts ployment, full-time hazardous members - BR224 Ambulance districts, emergency medical services Major economic action regulations, procedures for Safety personnel, disabled or killed, tuition benefits - BR82 - BR300 Bullying, restoration of a sense of safety for victims, Chapter 75 fire, emergency medical services person- Open data portal, creation of - BR3 code of acceptable behavior to include - BR126 nel, disabled or killed, tuition benefits - BR82 Registry Commercially manufactured, spring-loaded traps, Fire districts and subdistricts, emergency ambulance of Election Finance, custodian of record, collection furbearers, prohibit use of - BR492 service, provision of - BR45 of fees remitted to State Treasurer - BR801 Dog or cat in vehicle, removal, civil immunity - of Election Finance, form for filing personal loan BR173 Special Purpose Governmental Entities repayment report - BR803 School bus stop arm cameras, requiring - BR136 Fire districts and subdistricts, emergency ambulance State service, provision of - BR45 Board of Elections, approval of countywide voting Sales locations - BR432 Vapor product enhanced cartridge, sales of - BR468 State Agencies Board of Elections, same-day voter registration on Automatic voter registration, automatic with appli- election day, reports received - BR853 Science and Technology cation at certain designated agencies - BR854 Board of Elections, voter preregistration of persons STEM teacher, promise zone, loan forgiveness for Board of Education, school bus stop arm camera at minimum of 16 years of age - BR273 - BR31 requirement, promulgate regulations for - BR136 Police, firearm registration and sales, administrative Cabinet regulations - BR342 Secretary of State for Health and Family Services, certificate of still- Transportation Candidate for elective office, submission of federal birth resulting in death, issue - BR844 Cabinet, school bus stop arm cameras - BR136 income tax returns, requirement of - BR801 for Health and Family Services, national crisis Secretary, dismissal, Kentucky Transportation Early voting, omnibus bill - BR431 hotline numbers, recommendation - BR435 Board role - BR184 Same-day voter registration on election day - for Health and Family Services, patient safety cul- Secretary, nomination procedures, Kentucky Trans- BR853 ture survey - BR819 portation Board role - BR184 Statement of use of state resources for nonpublic Contracts, Kentucky Buy American Act, compliance purposes, requiring - BR499 with - BR324 State Employees Successful candidate, repayment deadline for per- Council on Postsecondary Education, Kentucky Tui- Annual increment, consumer price index, use of sonal loans made to campaign - BR803 tion Grant, deletion of review process for - BR832 - BR409 "Veteran-owned business," amend definition of Department Human organ donation, paid leave of absence estab- - BR412 of Education, develop elective course offerings in lished - BR179 Voter preregistration, minimum age of 16, persons African and Native American history - BR27 Interview preference, quasi-governmental agencies, eligible - BR273 of Education, recommend curricula for African and establishing - BR257 Native American instruction - BR27 Kentucky Retirement Systems, post-retirement Sheriffs of Education, school bus stop arm cameras, annual change of beneficiary and option, qualifying events Fee for emergency services, collection fee autho- inspection of - BR136 for - BR463 rized - BR151 of Revenue, administration of PVA examination THE KENTUCKY GENERAL ASSEMBLY 63 State Symbols and Emblems Sports wagering, excise tax on - BR236 Time Honor and Remember flag, emblem of remem- Tobacco products tax, vapor products - BR32 Daylight saving time, year-round, authorizing - brance, designation of - BR85 BR181 Shelter pets, official pets of Kentucky, name and Taxation, Income--Corporate designate - BR160 Airport noise mitigation, income tax credit for - Tobacco BR355 Tobacco products tax, vapor products - BR32 Studies Directed KBI program, minimum weekly wage, requiring Clean Air Act, reformulated gasoline requirements, - BR325 Trade Practices and Retailing executive branch study of - BR808 Qualified employer loan payment credit, creation of Medicinal marijuana program, establishment - State agencies, data collection, protection, sharing, - BR827 BR366 and cost-benefit analysis, study of - BR371 Rural hospital organization donation tax credit - Vapor product enhanced cartridge, sales of - BR468 BR339 Substance Abuse Traffic Safety CBD oil, THC, drug testing, employment discrimi- Taxation, Income--Individual Criminal nation, prohibiting - BR436 Airport noise mitigation, income tax credit for - littering, unsafe amounts of leaves or mowed grass Medicinal marijuana program, establishment - BR355 left on highway - BR119 BR366 Human organ donation, income tax deduction estab- littering, unsafe amounts of mowed grass left on Voluntary non-opioid directive, creation - BR7 lished - BR179 highway - BR133; BR176 KBI program, minimum weekly wage, requiring Motor vehicle safety features for prevention of hot Surface Mining - BR325 car deaths, installation of - BR285 Mining permits, conditions for approval, compliance Military pensions, income tax deduction for - Passing stopped school bus, recorded by camera, with wage performance bond requirements - BR270 BR251; BR367 establishing civil penalties for - BR136 Pension Personal communication device, use by driver, pro- Task Forces, Executive Branch income exclusion - BR117 hibiting - BR166; BR212 Evidence-Based Policymaking Task Force, establish income exclusion, retroactively raise - BR215 School - BR371 Qualified employer loan payment credit, creation of bus, illegal passing of, 90 day operator's license - BR827 revocation - BR124 Taxation Rural hospital organization donation tax credit - bus stop arm cameras, enforcement - BR136 Airport noise mitigation, income tax credit for - BR339 bus stop arm cameras, requiring - BR136 BR355 Casinos, Taxation, Property Transportation admissions tax on - BR80 Fee for emergency services authorized - BR151 Criminal gaming tax on - BR80 Fire districts and subdistricts, emergency ambulance littering, unsafe amounts of leaves or mowed grass Fire districts and subdistricts, emergency ambulance service, provision of - BR45 left on highway - BR119 service, provision of - BR45 Veteran service organization, exemption - BR247 littering, unsafe amounts of mowed grass left on Human organ donation, income tax deduction estab- Veterans' service organizations, exemption, proposed highway - BR133; BR176 lished - BR179 constitutional amendment - BR127 Driver license application, automatic voter preregis- Income tax, qualified employer loan payment credit, tration and registration, option to decline - BR273 creation of - BR827 Taxation, Sales and Use Kentucky Transportation Board, establishment, Individual Baby products and diapers, exemption of - BR178 membership, powers, and duties - BR184 income, pension income exclusion - BR117 Feminine hygiene products, exemption of - BR107 Motor income tax, deduction for military pensions - Increase to eight percent (8%) - BR36 vehicle safety features for prevention of hot car BR367 Pasture, agricultural, and horticultural land mainte- deaths, installation of - BR285 Individual, military pensions, income tax deduction nance services, exemption of - BR102 vehicle titles, issuance to holder of security interest for - BR251 rather than owner - BR95 KBI program, minimum weekly wage, requiring Passing stopped school bus, recorded by camera, - BR325 Teachers establishing civil penalties for - BR136 Medicinal marijuana program, establishment - Arts instruction, requiring schools to offer - BR203 Personal communication device, use by driver, pro- BR366 Hearing officers, random selection of - BR86 hibiting - BR166; BR212 Pension income exclusion, retroactively raise - Public charter schools, repeal - BR61 Recommended BR215 STEM teacher, promise zone, loan forginveness for Biennial Highway Construction Plan, Kentucky Property - BR31 Transportation Board approval - BR184 tax exemption, veterans' service organizations, pro- Teachers' Retirement System, post-retirement Six-Year Road Plan, Kentucky Transportation posed constitutional amendment - BR127 change of beneficiary and option, qualifying events Board approval - BR184 tax, veteran service organization, exemption - for - BR463 School BR247 bus stop arm cameras - BR136 Rural hospital organization donation tax credit - Technology or church bus, illegal passing of, 90 day operator's BR339 Data, creation of open data portal - BR3 license revocation - BR124 Sales Train crews, two-person requirement, penalties for and use, pasture, agricultural, and horticultural land Telecommunications violation - BR328 maintenance services, exemption of - BR102 Call center relocations to a foreign country, notice to and use tax, baby products and diapers, exemption Labor Cabinet - BR113 Treasurer of - BR178 Criminal mischief in the first degree - BR204 Candidate for elective office, submission of federal and use tax, feminine hygiene products, exemption Trespass upon key infrastructure assets - BR204 income tax returns, requirement of - BR801 of - BR107 Candidates for elective office, federal income tax and use tax, increase to eight percent (8%) - BR36 returns, requirement of, fees collected - BR801

64 2019 Interim LEGISLATIVE RECORD Statement of use of state resources for nonpublic Waste Management purposes, requiring - BR499 Municipal solid waste disposal facility, waste man- Successful candidate, repayment deadline for per- agement facilities, definitions of - BR206 sonal loans made to campaign - BR803 Waste disposal facility, local determination, private facilities, requirement for - BR118 Unemployment Compensation Wages, payment of by professional employer organi- Women zations - BR72 Abortion, constitutional amendment, no protected right - BR241 United States Feminine hygiene products, free to public postsec- Congress, year-round daylight saving time, authoriz- ondary students - BR407 ing - BR181 Sales and use tax, feminine hygiene products, ex- emption of - BR107 Universities and Colleges Feminine hygiene products, free to students - Workers' Compensation BR407 Coverage, requirements for professional employer Immigration laws, enforcement of, requiring - organizations - BR72 BR240 Division of Workers' Compensation Funds, removal KCTCS, endowment match - BR252 of - BR494 Kentucky Tuition Grant, institutional eligibility - BR832 Workforce Sanctuary Call center relocations to a foreign country, notice to postsecondary institution, determination of, hearing Labor Cabinet - BR113 procedure - BR240 CBD oil, THC, drug testing, employment discrimi- postsecondary institution, state funding, withhold- nation, prohibiting - BR436 ing of - BR240 Division of Workers' Compensation Funds, removal Student identification badges required to contain of - BR494 national crisis hotline numbers - BR435 University of Louisville, Direct Health Care Services and Research Facilities Operations Loan - BR290

Vaping Vapor product enhanced cartridge, sales of - BR468

Veterans Bowling Green Veterans Center, design and precon- struction - BR125 Honor and Remember flag, emblem of remem- brance, designation of - BR85 Property tax, exemption, veterans' service organiza- tion, proposed constitutional amendment - BR127 Veteran service organization, property tax exemption - BR247 "Veteran-owned business," amend definition of - BR412 Veterans Suicide Memorial Mile, Interstate 75, Whitley County - BR109

Veterinarians Abuse of animals, reporting by veterinarian - BR205; BR288 Veterinarians, animal cruelty, allow reports of - BR174

Wages and Hours Failure to post wage performance bond, penalties, distribution to employees - BR270 Prevailing wage for public works, creating - BR323 State minimum wage, increase - BR132; BR237 Unlawful employment practice, inquiry about previ- ous salary - BR456 Wage performance bonds for employers engaged in mining, notification of compliance - BR270 Wages, recordkeeping and reporting of - BR263

THE KENTUCKY GENERAL ASSEMBLY 65 Scott Oldham 17 Bourbon 26 27

Shelby 23 36 28 33 19 Woodford 11 13 Campbell 7 22 35 20 Boone Kenton 37 12 Clark 24 14 17 38 34 10 Spencer Jessamine 7

Bullitt Gallatin Hardin Madison Grant Pendleton

Jefferson Co. Detail Fayette Co. Detail Northern KY Detail

23 Boone KentonCampbell 11

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

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

66 2019 Interim LEGISLATIVE RECORD Scott 59 Oldham

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

Jefferson Co. Detail Fayette Co. Detail Northern KY Detail

Boone KentonCampbell

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

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

THE KENTUCKY GENERAL ASSEMBLY 67 2019 Interim LEGISLATIVE Robert Stivers David Osborne SENATE PRESIDENT SPEAKER OF THE HOUSE RECORD David P. Givens David Meade Published monthly by the Jay D. Hartz PRESIDENT PRO TEMPORE SPEAKER PRO TEMPORE Legislative Research Com- Director Damon Thayer John Bam Carney mission, the Interim Record Legislative Research MAJORITY FLOOR LEADER MAJORITY FLOOR LEADER is designed to inform the Commission Morgan McGarvey Rocky Adkins MINORITY FLOOR LEADER MINORITY FLOOR LEADER citizens of Kentucky of the Carla Montgomery between-sessions work of the Deputy Director for Julie Raque Adams Suzanne Miles General Assembly. Committee and Staff MAJORITY CAUCUS CHAIR MAJORITY CAUCUS CHAIR Paper subscriptions are free Coordination Johnny Ray Turner Derrick Graham upon request. Contact the LRC MINORITY CAUCUS CHAIR MINORITY CAUCUS CHAIR Public Information Office, Rob Weber Mike Wilson Chad McCoy Public Information MAJORITY WHIP MAJORITY WHIP Capitol Annex, Frankfort KY, Officer 40601 at 502-564-8100, ext. 307 Dennis Parrett Joni L. Jenkins to subscribe. Joe Cox MINORITY WHIP MINORITY WHIP Publications and Printing TheInterim Record can also Officer The Kentucky Legislative Research Commission is a 16-member committee of the majority and minority leadership of be read online at legislature. Rebecca Mullins the Kentucky Senate and House of Representatives. Under Chapter 7 of the Kentucky Revised Statutes, the LRC constitutes ky.gov/Legislation/Pages/de- Hanchett the administrative office for the General Assembly. Its director serves as chief administrative officer of the Legislature when fault.aspx. If you have a paper Editor, Typography and it isn’t in session. subscription and would like to Design The Commission and its staff, by law and by practice, perform numerous fact-finding and service functions for members end your subscription and read of the Legislature, employing professional, clerical and other employees required when the General Assembly is in session the Interim Record online only, Public Information Staff: and during the interim period between sessions. These employees, in turn, assist committees and individual legislators please contact the LRC Public Stephanie Newberg in preparing legislation. Other services include conducting studies and investigations, organizing and staffing committee Information Office at 502-564- Jeff Fossett meetings and public hearings, maintaining official legislative records and other reference materials, providing information Steve Gatewood 8100, ext. 307. Stories and about the Legislature to the public, compiling and publishing administrative regulations, administering a legislative intern Bruce Phillips program, conducting orientation programs for new legislators, and publishing a daily index and summary of legislative photographs may be reprinted Bud Kraft actions during sessions. without permission, although Keith Krey credit is appreciated. Jim Hannah The LRC is also responsible for statute revision, publishing and distributing the Acts and Journals following sessions, Susan Kennedy and for maintaining furnishings, equipment and supplies for the Legislature. It also functions as Kentucky’s Commission on Printed with state funds Interstate Cooperation in carrying out the program of the Council of State Governments as it relates to Kentucky.

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68 2019 Interim LEGISLATIVE RECORD