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title-1•Title 1 KAR — Legislative Research Commission
Section 1. A permanent subcommittee of the Legislative Research Commission, to be known as the Government Contract Review Committee, shall be composed of seven (7) members which shall include members of the minority party as nearly proportioned to their membership in the general assembly as mathematically possible.
(1) The Legislative Research Commission shall appoint from the membership of the general assembly as follows:
(a) Four (4) members from the House of Representatives; and
(b) Three (3) members from the Senate.
(2) The Government Contract Review Committee shall meet monthly at such time and place as selected by the chairman.
(3) A quorum shall require at least four (4) members present and the vote shall be by majority.
(4) The members of the subcommittee shall serve for a term of two (2) years, with the chairman being appointed by the subcommittee.
(5) Vacancies which may occur in the membership of the subcommittee shall be filled by the Legislative Research Commission at its next regularly scheduled meeting after the occurrence of the vacancy.
(6) The subcommittee shall act on a personal service contract properly submitted to the Legislative Research Commission within thirty (30) days of its submission, except as provided in Section 2(2) of this administrative regulation.
Section 2. No one shall begin work on a personal service contract made by any contracting body after July 15, 1982, except in the event of a governmental emergency, until after three (3) copies of the personal service contract are forwarded to the office of the Legislative Research Commission.
(1) The Legislative Research Commission shall cause to be endorsed on the copies of each personal service contract submitted the time and date of the filing thereof and shall maintain a file of such personal service contracts for public inspection, indexed as follows:
(a) By vendor name (alphabetically);
(b) By state agency (organization); and
(c) By type of service provided.
(2) For a contract to be reviewed by the subcommittee at its next regularly scheduled meeting, it must be submitted to the Legislative Research Commission on or before the last day of the month preceding the meeting. All documents received after the end of the month will be deferred to the next regularly scheduled meeting.
(3) Each personal service contract and each copy thereof submitted for review will have attached a completed proof of necessity form which at a minimum will include the following information:
(a) A statement which describes, in detail, the need for such services;
(b) A statement which justifies, in detail, the purchase of service as opposed to the provision of service, i.e., unavailability/nonfeasibility;
(c) The total projected cost;
(d) The stated duration;
(e) An affirmative statement attesting to the existence of a thirty (30) day cancellation clause;
(f) A copy of the purchase contract indicating maximum amount of the contract.
(4) Notification of approval will be transmitted back to the contracting body in the form of a stamped contract attesting to such approval, within thirty (30) days of such action.
(5) If the subcommittee believes that the contract service is not needed, the service could and should be performed by state personnel, the cost is excessive, or the duration is excessive, the subcommittee shall:
(a) Attach to the personal service contract a written notation of its disapproval, including a statement of the reasons therefore, and shall return the personal serviced contract to the Secretary of the Finance and Administration Cabinet.
(b) Notice of such disapproval shall be given by the subcommittee to the Director of the Legislative Research Commission and agency involved.
Section 3. Payment on a personal service contract shall not be made until after the contract has been approved by the subcommittee except as provided for in Section 4 or 5 of this administrative regulation.
Section 4. If the Secretary of the Finance and Administration Cabinet determines that the time involved with the normal review procedure would cause a detrimental effect upon the Commonwealth's ability to act or procure services, he may approve an emergency payment after notification and explanation of this action is forwarded to the subcommittee.
Section 5. In the event of a governmental emergency, three (3) copies of the statement declaring the emergency, approved by the Secretary of the Finance and Administration Cabinet, shall be filed with the contract.
Section 6.
(1) Personal service contracts objected to or disapproved by the subcommittee shall be forwarded to the Secretary of the Finance and Administration Cabinet. The secretary of the Finance and Administration Cabinet shall determine whether a personal service contract:
(a) Shall be revised to comply with the objections of the subcommittee; or
(b) Shall be cancelled if disapproved by the subcommittee; or
(c) Shall remain effective as originally approved by the Finance and Administration Cabinet.
(2) The Finance and Administration Cabinet shall notify the subcommittee of the action taken on personal service contracts disapproved by the subcommittee within thirty (30) days from the date the contracts were reviewed by the subcommittee.
(3) The subcommittee shall report monthly to the Legislative Research Commission all action taken on personal service contracts by the Secretary of the Finance and Administration Cabinet and the subcommittee.
History
Section 1. Procedures implementing KRS 45.350 through 45.359 and 273.446 through 273.448(g) and 273.453, respecting the Legislative Research Commission's block grants application oversight functions and responsibilities are as follows:
(1) State administering agencies submitting block grant applications to the commission shall forward one (1) complete copy each of such applications to: Coordinator for Block Grants Oversight, Legislative Research Commission, The State Capitol Building, Frankfort, Kentucky 40601.
(2) When the Kentucky General Assembly is not in session, the commission automatically shall refer block grant applications as follows: Community Services, Preventive Health and Health Services, Maternal and Child Health Services, Alcohol and Drug Abuse and Mental Health Services, Social Services (Title XX), and Primary Care Block Grants shall be referred to the Interim Joint Committee on Health and Welfare; Elementary and Secondary Education Block Grants shall be referred to the Interim Joint Committee on Education; Low-Income Home Energy Assistance Block Grants shall be referred to the Interim Joint Committee on Energy; Community Development Block Grants shall be referred to the Interim Joint Committee on Cities; and Justice Assistance Block Grants shall be referred to the Interim Joint Committee on Judiciary-Criminal. Block grants not falling within these classifications shall be referred by the commission to the interim joint committee with appropriate jurisdiction. Any committee designated herein shall be construed as a "designated review body" pursuant to KRS 45.350 and 273.410.
(3) When the Kentucky General Assembly is in session the commission automatically shall refer block grant applications to the standing committees designated by the committee on committees of each house. Any committee designated herein shall be construed as a "designated review body" pursuant to KRS 45.350 and 273.410.
(4) Within ten (10) days of receipt of any block grant application, the coordinator for block grants oversight for the commission, or his designee, shall provide for statewide notice of a public hearing on said application in accordance with 1 KAR 4:010, and shall notify the designated review body to which the application has been referred of the publication of said notice.
(5) Whenever applications and supporting materials submitted to the commission are incomplete or insufficient, the commission or the coordinator for block grants oversight, or his designee, may request the state administering agency to make available to the designated review body additional background data and supporting information relating to the block grant pursuant to KRS 45.351(2), 273.448(h) and 273.453(1). All requests for additional materials shall be in writing under the signature of the coordinator for block grants oversight, or his designee, unless the commission otherwise directs and provides. Every block grant application submitted by the state administering agency shall be complete in form and content as required by appropriate federal laws and regulations, and KRS 45.351(3).
(6) Within the first thirty (30) days from the date of receipt of any block grant application, a public hearing shall be held by the designated review body to which the application has been assigned, and all deliberations shall be electronically recorded. The designated review body to which a block grant application has been referred shall conduct the public hearing on the application, except when the commission has authorized the establishment of a subcommittee of said committee to conduct the public hearing. All public hearings shall be restricted to the receipt of comments from the public and the state agency submitting the application, and shall be held in Frankfort, Kentucky.
(7) Upon the request of the chairman of the designated review body to which the application has been referred, the commission may authorize the establishment of a subcommittee of the designated review body for the purposes of conducting the public hearing and advising the designated review body on the block grant application. Upon the request of the designated review body chairman, the subcommittee may include three (3) members of the Interim Joint Committee on Appropriations and Revenue.
(8) A copy of the application as submitted to the commission shall be available for public review, prior to the public hearing, in the commission's library. This copy shall not be removed by unauthorized persons. One (1) copy of the application under consideration also shall be available for public inspection at the public hearing on the application. Copies of the application for retention by the public must be obtained from the state administering agency and not from the commission.
(9) Public inquiries about specific proposals contained in the application, including but not limited to the intent of the application and programs proposed to be funded by the application, must be directed to the appropriate state administering agency, and shall not be directed to the commission or its staff. Responses to such public inquiries are solely within the purview and responsibility of the state administering agency submitting the application. Copies of any public inquiry on any block grant application and responses thereto shall be submitted by the state administering agency to the Coordinator for Block Grants Oversight prior to the commission's public hearing on such application.
(10) Transcriptions of hearings shall not be made unless the commission so directs. When a transcription is requested and approved by the commission, the requesting party shall reimburse the commission for its total costs for making such transcription.
(11) Within sixty (60) days from the date the application is received by the commission, the designated review body shall complete its review of the application in accordance with the criteria specified in KRS 45.353(2) and shall make an affirmative finding of fact to the commission on the proposed use and distribution of funds to be provided in the application.
Section 2. Procedures implementing a review by the Legislative Research Commission of reports on the actual use and distribution of federal block grant funds administered by a state administering agency shall be as follows:
(1) Pursuant to KRS 45.357 and 273.453(2), any state administering agency receiving federal block grant funds shall submit within thirty (30) days at the close of every federal fiscal year or at the close of the block grant's annual funding cycle, a report on the actual use and distribution of all block grant funds made available to the state administering agency during the preceding year.
(2) On or before the close of every federal year (September 30th), or at the close of a block grant's annual funding cycle, the Coordinator for Block Grants Oversight shall notify in writing the state administering agency receiving block grant funds, to submit to the commission five (5) copies each, of the actual use and distribution of funds report on every block grant administered by the state administering agency for the preceding year. Five (5) copies of each actual use and distribution report shall be submitted by the state administering agency to: Coordinator for Block Grants Oversight, Legislative Research Commission, The State Capitol Building, Frankfort, Kentucky 40601.
(3) Copies of any actual use and distribution report will be processed by the commission's Coordinator for Block Grants Oversight, with one (1) copy being forwarded to the designated review body.
(4) Within sixty (60) days upon referral and receipt of an actual use and distribution report, the designated review body receiving the report shall forward to the commission any written comments or recommendations the designated review body has made regarding said reports.
(5) Upon completion of its review of a committee's report, the commission may notify the state administering agency of the commission's comments and recommendations.
Section 3. Procedures implementing the Legislative Research Commission review process regarding block grant program status reports as provided in KRS 45.357 and 273.453(2) are as follows:
(1) Block grant program status reports will be processed by the commission's Coordinator for Block Grant Oversight. One (1) copy of each report shall be referred to the designated review body.
(2) Within sixty (60) days upon referral and receipt of a status report, the designated review body receiving the status report shall complete its review and forward to the commission any written comments or recommendations the committee has made regarding the status report.
(3) Upon completion of a review of the designated review body's report, the commission may notify the state administering agency of the commission's comments and recommendations.
Section 4. Procedures implementing block grant audits and investigations as prescribed in KRS 45.357(4) and (5) are as follows:
(1) Whenever the Coordinator for Block Grants Oversight determines that an audit or investigation of any matter pertaining to the application for or expenditure of federal block grant funds should be conducted then he shall submit in writing a proposal for such action to the commission's director. No such audit or investigation shall be conducted without the prior approval of the commission.
(2) It shall be the responsibility of the state administering agency or any other agencies of state government retaining records, reports or documents pertaining to any block grant program under audit or investigation to cooperate with and to comply with request for any report, record or document essential to the conduct of such audit or investigation. It shall be the responsibility of the Coordinator for Block Grant Oversight to specify in writing to the state administering agency or other agencies concerned such reports, records or documents which are requested. The commission shall be informed of all such requests.
(3) Whenever a state administering agency or other agencies of state government fail to provide reports, records or documents essential to the conduct of any block grant audit or investigation, the Coordinator for Block Grants Oversight may request the commission or designated review body to subpoena such reports, records or documents. Any such request by the Coordinator for Block Grants Oversight shall be made in writing to the commission and shall specify the materials to be subpoenaed and the necessity for such action.
History
Section 1. The Legislative Research Commission shall provide statewide notification of public hearings to be conducted for receiving comments on block grant applications by placing advertisements otherwise conforming to the requirements of KRS Chapter 424 in:
(1) A newspaper which has the largest and widest statewide circulation as determined by the most current publication of the Kentucky Newspaper Yearbook and Directory; or
(2) A newspaper which has the largest and widest statewide circulation, and at least one (1) newspaper in each congressional district which has the largest and widest circulation in the congressional district as determined by the most current publication of the Kentucky Newspaper Yearbook and Directory.
History
Section 1. Applicability. Public records accession administrative regulations shall apply to all public agencies of government and budget units thereof, which utilize electronic data processing equipment and procedures to process public records.
Section 2. Definitions.
(1) "Agency contact" means computer programming and operations personnel designated by the official custodian to work with the Legislative Research Commission to expedite a request.
(2) "Budget unit" means any subdivision of any branch of government, however designated, for which appropriations are requested.
(3) "Computer" means a device capable of accepting information, applying prescribed processes to the information, and supplying the results of these processes. It usually consists of input and output devices, storage, arithmetic, and logical units, and a control unit.
(4) "Custodian" means the official custodian or any authorized person having personal custody and control of public records.
(5) "Data" means any or all facts, numbers, letters, and symbols, or facts that refer to or describe an object, idea, condition or situation, which can be processed or produced by a computer.
(6) "Data processing" means the preparation of source media which contain data or basic elements of information, and the handling of such data according to precise rules of procedure to accomplish such operations as classifying, sorting, calculating, summarizing, and recording.
(7) "Electronic data processing" means data processing performed by a system of electronic or electrical machines so interconnected and interacting as to reduce to a minimum the need for human assistance or intervention.
(8) "Documentation" means the historical reference and group of techniques necessary to detail the structure, organization, and presentation of recorded specialized knowledge in machine readable form.
(9) "Electronic data processing equipment" means a machine, or group of interconnected machines, consisting of input, storage, computing, control, and output devices, which uses electronic circuitry in the main computing element to perform arithmetic and/or logical operations automatically by means of internally stored or externally controlled programmed instructions.
(10) "File" means an organized collection of information directed toward some purpose.
(11) "Legislative Research Commission" means the Legislative Research Commission, its co-chairmen or director, any other member of the General Assembly authorized by the director, or any employee authorized by the director.
(12) "Machine readable" means information in the form of magnetic code or optical image that can be processed directly by computers and other related machines.
(13) "Official custodian" means the chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care and keeping of public records, regardless of whether such records are in his actual personal custody and control.
(14) "Public agency" means every state or local office, state department, division, bureau, board, commission and authority; every legislative board commission, committee and officer; every county and city governing body, council, school district board, special district board, municipal corporation, and any board, department, committee, subcommittee, ad hoc committee, council or agency thereof; and other body which is created by state or local authority and which derives at least twenty-five (25) percent of its funds from state or local authority.
(15) "Public record" means all official books, papers, exhibits, cards, tapes, discs, diskettes, readings, electronic images, electronic optical images or documentary materials regardless of physical form or characteristics, which are prepared, owned, used, in the possession of, received or retained by a public agency.
(16) "Read only access" means the ability to enter and make use of data stored in machine readable files, without altering its contents or form, or the file structure.
Section 3. Right to Inspection.
(1) All public records in machine readable form not subject to restrictions provided in KRS 61.870 to 61.884 shall be made available by each public agency for inspection by the Legislative Research Commission. The official custodian of each public agency shall maintain and make available for copying a list, updated annually, detailing all computerized record systems and describing the machine readable records therein. This list shall be developed using records management standards established by the Department of Libraries and Archives pursuant to KRS 171.520 and 171.530.
(2) The Legislative Research Commission shall have the right to inspect public records in machine readable form. The Legislative Research Commission shall notify the official custodian of its intention to inspect records and shall describe the records to be inspected. Within three (3) days of receiving the request, the official custodian shall instruct public agency personnel responsible for computer programming and operations to meet with Legislative Research Commission personnel at the earliest mutually agreeable time. When the assistance of the Department of Information Systems is necessary in order to comply with the Legislative Research Commission's request, Department of Information System personnel shall attend the meeting at the direction of the agency contact.
(3) All meetings pursuant to this administrative regulation shall be for the purpose of defining the scope of the intended record inspection. Accordingly, meeting discussions shall include, but shall not be limited to, the following considerations:
(a) The feasibility of read only access;
(b) The manner in which the Legislative Research Commission plans to access the desired records;
(c) The manner in which the public agency will make access available;
(d) The characteristics and validity of the data to be accessed;
(e) The format and structure of records files;
(f) The time period access is to be valid, if access is feasible;
(g) The security requirements for file access;
(h) The level of effort, cost and time required to expedite the request;
(i) A mutually agreed upon priority assignment to expedite the request in a timely fashion.
(4) If the person to whom the application for inspection is directed does not have custody or control of the public record requested, he shall notify the Legislative Research Commission and shall furnish the name and location of the custodian of the public record.
(5) If the public record is in active use, in storage or not otherwise available, the official custodian shall immediately notify the Legislative Research Commission and shall designate a place, time and date for inspection of the public records, not to exceed three (3) days from the receipt of the request or the application, unless a detailed explanation of the cause is given for further delay and the place, time and earliest date on which the public record will be available for inspection is indicated. If the official custodian refuses to comply or determines the public agency cannot comply with the Legislative Research Commission's request to inspect records pursuant to meeting with Legislative Research Commission personnel, then he shall, within three (3) days following the meeting, provide a detailed explanation of the cause for noncompliance to the Legislative Research Commission personnel initiating the request.
Section 4. Copies of Records. Upon inspection, the Legislative Research Commission shall have the right to make copies of any machine readable public records and related documentation. If electronic data processing equipment utilized by LRC at the time of the request cannot provide such copies, the custodian shall make available to the Legislative Research Commission duplicates of the records inspected.
Section 5. Agency Procedures. In order to insure efficient and timely action in response to a request for inspection, each public agency shall provide the following information to the Legislative Research Commission:
(1) The principal office of the public agency and its regular office hours;
(2) The title and address of the official custodian of the public agency's records;
(3) The procedures, consistent with this administrative regulation, to be followed in requesting access to public records in machine readable form. The cabinet for finance and administration may promulgate uniform administrative regulations governing these procedures.
History
Section 1. State agencies and institutions of public higher education shall submit information specified by the board in the document entitled "Six-Year Capital Plan Instructions." This document is incorporated by reference and may be reviewed or obtained at the office of the Capital Planning Advisory Board, Room 002, Capitol Annex, Frankfort, Kentucky 40601, Monday through Friday from 8 a.m. to 4:30 p.m. (ET).
Section 2. Agencies providing information to the Kentucky Information Systems Commission pursuant to KRS 61.950 shall not be required to provide that information directly to the board.
(1) The Kentucky Information Systems Commission shall provide the board with the following information by July 1 of each odd-numbered year:
(a) List and approval or disapproval status of all submitted computing and communications items or systems having capital project status;
(b) List of selected computing and communications items or systems having capital project status on which the Kentucky Information Systems Commission places high value; and
(c) Report of any statewide initiatives involving multiple-agency projects for which the Kentucky Information Systems Commission seeks the support and endorsement of the board.
(2) The board may use the information received from the Kentucky Information Systems Commission in the formulation of the board's statewide six (6) year capital improvements plan.
Section 3. As provided in KRS 164.020(5), the Council on Higher Education shall consider the requirements and review the six (6) year capital plans of the institutions of public higher education. The plans shall be prepared in the manner and submitted by the institutions to the council by dates prescribed by the board. The institutions' individual six (6) year capital plans, along with the council's system capital plan for higher education, shall be submitted to the board by April 15 of each odd-numbered year.
Section 4. The board shall exclude road projects from its information request. Instead, the board shall accept, for review only, the Biennial Highway Construction Program developed by the Transportation Cabinet pursuant to KRS Chapters 45 and 48, and the additional four (4) year highway construction plan developed pursuant to KRS Chapter 176.
(1) The Transportation Cabinet shall submit to the board copies of the recommended updates to the most recently enacted Biennial Highway Construction Program and the additional four (4) year highway construction plan by July 15 of each odd-numbered year.
(2) The board may use the information received from the Transportation Cabinet in the formulation of the board's statewide six (6) year capital improvements plan.
History
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