UNOFFICIAL COPY AS OF 10/25/1803 REG. SESS.03 RS HB 337/GA
AN ACT relating to public contracts.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Page 1 of 38
HB033710.100-1026GA
UNOFFICIAL COPY AS OF 10/25/1803 REG. SESS.03 RS HB 337/GA
Section 1. KRS 56.601 is amended to read as follows:
The board shall have all powers necessary and convenient to carry out its purposes, including the power to:
(1)Hold as trustee for the benefit of the people of Kentucky the lands of the hospital, custody and control of which, in that fiduciary capacity, are hereby transferred to the board. The lands shall remain in the board's trusteeship until they are disposed of in accordance with subsection (5) of this section;
(2)Solicit and accept appropriations, gifts, or grants from any public or private source, within or outside the Commonwealth, and expend those funds for any lawful purpose in order to administer, operate, maintain, or improve the lands of the hospital. The authority's funds shall be invested in accordance with KRS 42.500.
(3)Develop and revise a master plan for the use of the hospital lands in the public interest, and require that uses of the land, and any buildings or other improvements located on the land, comply with the master plan adopted by the board;
(4)Subject to the availability to the authority of sufficient funds:
(a)Contract in writing through the Finance and Administration Cabinet, under KRS Chapters 45A and 56, for the removal of asbestos from buildings located on the hospital lands and for any other remedial action that may be needed to eliminate any hazardous or potentially hazardous, environmentally related condition or problem affecting the hospital lands;
(b)Demolish any building or other structure located on the hospital grounds; and
(c)Renovate, remodel, repair, or reconstruct any building or other structure, located on the hospital grounds, that the authority deems to be of historic interest or of contemporary use consistent with community needs;
(5)In the sound exercise of its discretion, convey the hospital land in fee simple, or lease the land for a period of not more than ninety-nine (99) years, subject to terms and conditions that the board determines to be in the public interest, to a public entity for maintenance and use in accordance with the master plan adopted by the board under subsection (3) of this section. The secretary of the Finance and Administration Cabinet, with the approval of the Governor, shall execute the lease or deed on behalf of the Commonwealth, as required by KRS 45A.045(4);
(6)Employ, without regard to KRS Chapter 18A, or contract in writing, in accordance with KRS Chapter 45A, for the services of accountants, attorneys, architects, engineers, contractors, and other consultants and employees that the board determines are required, and fix and pay their compensation from funds available to the board; and
(7)Promulgate administrative regulations, in accordance with KRS Chapter 13A, that the board deems necessary to facilitate the implementation of its powers under this section, adopt bylaws governing the internal operating policies and procedures of the board, and do all other things, perform all other acts, and take all other action the board determines to be necessary to carry out its purposes and authority under KRS 56.600 to 56.602.
Section 2. KRS 148.563 is amended to read as follows:
(1)An executive director shall be appointed in accordance with KRS 12.050.
(a)The executive director shall at all times attempt to accommodate the desires expressed by the board of directors.
(b)The executive director shall keep all minutes, records, and orders of the authority and shall be responsible for the preservation of all the documents. The documents shall be public records subject to KRS 61.870 to 61.884, relating to open records.
(2)The staff of the authority, including its executive director, shall be employees of the Tourism Development Cabinet.
(3)Any contract made by or on behalf of the authority shall be in writing. Any personal service contract or memorandum of agreement, as defined in KRS 45A.690, shall be subject to KRS 45A.690 to 45A.725.
Section 3. KRS 151B.465 is amended to read as follows:
All powers, duties, and responsibilities conferred upon the corporation by KRS 151B.450 to 151B.475 shall be exercised by the board of directors of the corporation. They shall include, but shall not be limited to, the following:
(1)To establish and administer a program for providing low-interest loans to qualified borrowers through qualified lenders for the acquisition of assistive technology.
(2)To establish criteria for participation in the loan program as a qualified lender or qualified borrower and to establish the terms and conditions under which loans are to be made. The board shall contract with one (1) or more federal-approved or state-approved lending institutions for the purpose of making loans to qualified borrowers, the qualified borrower having been preapproved by the board consistent with criteria established by the board and promulgated in administrative regulations.
(3)To enter into agreements, contracts, or other documents with any federal, state, or local agency or any person, corporation, association, partnership, or other organization or entity necessary to accomplish the purposes of KRS 151B.450 to 151B.475. All contracts made by or on behalf of the board of directors shall be in writing. Personal service contracts and memoranda of agreement, as defined in KRS 45A. 690, shall be subject to KRS 45A.690 to 45A.725.
(4)To accept for inclusion in the fund appropriations, grants, revenue sharing, devises, gifts, bequests, donations, federal grants, and any other aid from any source whatsoever and to agree to, and to comply with, conditions incident thereto.
(5)To incorporate a nonprofit organization pursuant to KRS Chapter 273 which qualifies as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, for the purpose of receiving tax-deductible gifts, donations, and bequests.
(6)To invest moneys from the fund with qualified lenders for the purposes of providing interest reductions, interest buy downs, and loan guarantees.
(7)To sue and be sued in its own name.
(8)To adopt an official seal and alter it as necessary.
(9) To promulgate administrative regulations through the cabinet and pursuant to KRS Chapter 13A to establish the policies and procedures under which the powers, duties, and responsibilities conferred by KRS 151B.450 to 151B.475 are to be carried out.
Section 4. KRS 154.33-535 is amended to read as follows:
The corporation shall have all powers and authority necessary to carry out and effectuate the purposes and provisions of KRS 154.33-501 to 154.33-585, including, but not limited to:
(1)Adopt and have a common seal and alter the same at pleasure;
(2)Sue and be sued in its own name and plead and be impleaded;
(3)Adopt bylaws and make rules for its business;
(4)Make and enter into all contracts or agreements necessary or incidental to the performance of its duties, and execution of its powers under KRS 154.33-501 to 154.33-585. All contracts and agreements made by or on behalf of the corporation shall be in writing. Any personal service contract or memorandum of agreement, as defined in KRS 45A.690, shall be subject to KRS 45A.690 to 45A.725;
(5)Accept, receive, and administer loans, grants, appropriations, or other funds or gifts from both public and private sources, including, but not limited to, local governments, the Commonwealth of Kentucky, and federal agencies for the purpose of carrying out the purposes and functions of the corporation, and to make loans and grants as provided in KRS 154.33-550;
(6)Expend funds as may be considered by it to be advisable or necessary in the performance of its duties;
(7)Issue bonds payable from the revenues, rentals, and other funds made available to the corporation for the purposes of paying any part of the costs of any project, and to refund any of its bonds;
(8)Create and establish a "debt service reserve" pursuant to proceedings and trust indenture of the corporation;
(9)Acquire, hold as may be necessary and convenient, encumber, or dispose of real and personal property, and in such manner and under terms as may be provided by contract or agreement;
(10)Charge fees, rents, and otherwise charge for services and facilities provided by the corporation, except that the corporation shall not have the power to levy taxes;
(11)Employ consultants, engineers, attorneys, real estate counselors, appraisers, and other persons and employees as may be required in the judgment of the corporation and to pay and fix their compensation from funds available to the corporation;
(12)Designate official depositories for corporation funds; however, any deposit of the corporation in excess of that amount covered by federal deposit insurance shall be secured by sufficient collateral;
(13)Invest any funds held in reserve or in a sinking fund account or any other moneys not required for immediate disbursement in obligations guaranteed by the Commonwealth, the United States, or their agencies or instrumentalities; however, the return on the investments shall not violate any rulings of the United States Internal Revenue Service regarding investments of the proceeds of federally tax-exempt bond issues;
(14)Procure insurance against any loss in connection with its operations in such amounts, and from such insurers, as may be deemed necessary and appropriate;
(15)Provide technical, administrative, managerial, and advisory services at any local government, industrial development authority, economic development entity, area development district, and any other economic development or job development entity situated in whole or in part within the region, regarding any economic or job development project, program, or activity; and
(16)Perform other and further acts as may be necessary to carry out the corporation functions and purposes as explicitly stated or implied by KRS 154.33-501 to 154.33-585.
Section 5. KRS 154.33-605 is amended to read as follows:
(1)The board shall develop articles of incorporation and appropriate documentation to establish its existence as a corporation under KRS 58.180.
(2)Five (5) members of the board shall constitute a quorum, with a majority of members present authorized to act upon any matter legally before the corporation.
(3)The board may enact bylaws concerning the election of officers and other administrative procedures it deems necessary.
(4)The board may adopt administrative regulations governing the operation, maintenance, or use of property under its custody and control in accordance with KRS Chapter 13A.
(5)Minutes and records of all meetings of the board shall be retained, and all official actions shall be recorded.
(6)The board may establish an executive committee from among its membership with full authority to act between its meetings to the extent delegated by vote of a majority of the members of the board.
(7)The board may employ a full-time executive director who shall hold office at the board's pleasure.
(a)The executive director shall act under the direction of the board in employing necessary staff to perform its duties and exercise its powers.
(b)The executive director shall keep all minutes, records, and orders of the corporation and shall be responsible for the preservation of all of the documents, which shall be public records under KRS 61.870 to 61.884.
(8)The corporation shall be a participating agency in the Kentucky Employees Retirement System. Its employees shall be considered state employees for the purpose of participating in the Kentucky Employees Retirement System and shall be entitled to the requirements and benefits provided to other system participants.
(9)All contracts made by or on behalf of the corporation shall be in writing. Personal service contracts and memoranda of agreement, as defined in KRS 45A.690, shall be subject to KRS 45A.690 to 45A.725.
Section 6. KRS 154.40-040 is amended to read as follows:
(1)The board may develop articles of incorporation and appropriate documentation to establish its existence as a corporation under KRS 58.180.
(2)A quorum of the board shall consist of four (4) members, with a majority of members present authorized to act upon any matter legally before the corporation.
(3)The board may enact bylaws concerning the election of officers and other administrative procedures it deems necessary.
(4)The board may adopt administrative regulations under KRS Chapter 13A to govern the operation, maintenance, or use of property under its custody and control.
(5)Minutes and records of all meetings of the board shall be kept, and all official actions shall be recorded.
(6)The board may establish an executive committee from among its membership with full authority to act between meetings of the board to the extent delegated by vote of a majority of the members of the board.
(7)The board may employ a full-time executive director who shall hold office at its pleasure.
(a)The executive director shall act under the direction of the board in employing necessary staff to perform the corporation's duties and exercise its powers.
(b)The executive director shall keep all minutes, records, and orders of the corporation and shall be responsible for the preservation of all the documents, which shall be public records under KRS 61.870 to 61.884.
(8)All contracts made by or on behalf of the board shall be in writing. Any personal service contract or memorandum of agreement, as defined in KRS 45A.690, shall be subject to KRS 45A.690 to 45A.725.
Section 7. KRS 154.85-035 is amended to read as follows:
The corporation shall have all powers and authority necessary to carry out and effectuate the purposes and provisions of KRS 154.85-001 to 154.85-085, including, but not limited to:
(1)Have a common seal which may be altered at will;
(2)Sue and be sued, and complain and defend in its corporate name;
(3)Adopt bylaws and make rules for its business;
(4)Make and enter into all contracts or agreements necessary or incidental to the performance of its duties, and execution of its powers under KRS 154.85-001 to 154.85-085, including, but not limited to, contracting with other agencies for the performance of its functions, and contracting with the Cabinet for Economic Development, or its successor, in the performance of specific state economic development functions and activities. All contracts and agreements made by or on behalf of the corporation shall be in writing. All personal service contracts and memoranda of agreement, as defined in KRS 45A.690, shall be subject to KRS 45A.690 to 45A.725;
(5)Accept, receive, and administer loans, grants, appropriations, or other funds or gifts from both public and private sources, including, but not limited to, local governments, the Commonwealth of Kentucky, and federal agencies for the purpose of carrying out the purposes and functions of the corporation, and to make loans and grants as provided in KRS 154.85-050;
(6)Expend funds as may be considered by it to be advisable or necessary in the performance of its duties;
(7)Issue bonds and bond anticipation notes or other obligations payable from the revenues, rentals, and other funds made available to the corporation for the purposes of paying any part of the costs of any project, and to refund any of its bonds;
(8)Create and establish a "debt service reserve" pursuant to proceedings and trust indenture of the corporation;
(9)Acquire, hold as may be necessary and convenient, encumber, or dispose of real and personal property, in the manner and under terms as provided by contract or agreement;
(10)Charge fees, rents, and otherwise charge for services and facilities provided by the corporation, except that the corporation shall not have the power to levy taxes;
(11)Employ consultants, engineers, attorneys, real estate counselors, appraisers, and other persons and employees as may be required in the judgment of the corporation, and to pay and fix their compensation from funds available to the corporation;
(12)Designate official depositories for corporation funds, but any deposit of the corporation in excess of that amount covered by federal deposit insurance shall be secured by sufficient collateral;
(13)Invest any funds held in reserve or in a sinking fund account or any other moneys not required for immediate disbursement in obligations guaranteed by the Commonwealth, the United States, or their agencies or instrumentalities, but the return on the investments shall not violate any rulings of the United States Internal Revenue Service regarding investments of the proceeds of federally tax-exempt bond issues;
(14)Procure insurance against any loss in connection with its operations in amounts, and from insurers, as deemed necessary and appropriate;
(15)Provide technical, administrative, managerial, and advisory services to any local government, industrial development authority, economic development entity, area development district, and any other economic development or job development entity situated in whole or in part within the region, regarding any economic or job development project, program, or activity; and
(16)Perform any other acts necessary to carry out the corporation's functions and purposes as explicitly stated or implied by KRS 154.85-001 to 154.85-085.
Section 8. KRS 154.47-025 is amended to read as follows:
The board shall have all the powers and authority, not explicitly prohibited by statute, necessary or convenient to carry out and effectuate the functions, duties, and responsibilities of the board, including, but not limited to, the following:
(1)Developing, in conjunction with other agencies, workforce training plans for the secondary wood products industry as provided for in KRS 154.47-055;
(2)Reviewing and recommending to the Cabinet for Economic Development the approval of proposals to establish business networks for businesses and industries engaged in any value-added processing of raw wood products or the manufacturing of wood products as set forth in KRS 154.47-040, and cooperating with the Cabinet for Economic Development to promote the development of business networks among secondary wood products businesses and industries;
(3)Advising the Natural Resources and Environmental Protection Cabinet and the Labor Cabinet on regulatory matters which impact the economic competitiveness and development of the state's secondary wood products industry;
(4)Advising the Labor Cabinet regarding modifications to the state workers' compensation laws in an effort to make Kentucky's secondary wood products industry more competitive;
(5)Advising the Finance and Administration Cabinet regarding procurement of Kentucky-made secondary wood products by state agencies, including the procurement of these products by the Department of Parks as part of any proposed state parks renovation projects;
(6)Soliciting, borrowing, accepting, receiving, investing, and expending funds from any public or private source, including, but not limited to, general fund appropriations of the Commonwealth of Kentucky, grants or contributions of money, property, labor, or other things of value to be used to carry out the corporation's operations, functions, and responsibilities;