SB 100/FN (BR 881) - D. Kelly, J. Westwood, R. Roeding, D. Thayer
AN ACT relating to reading, making an appropriation therefor, and declaring an emergency.
Establish new section of KRS 158 to describe the General Assembly's findings and intent regarding reading; amend KRS 158.792 to define reading terms, establish the Reading Diagnostic and Intervention program to help teachers improve the reading skills of students in the primary program; require the Kentucky Board of Education to promulgate administrative regulations; identify the guiding principles for all grant recipients; require the Kentucky Department of Education to make annual reports of the use of grants and in odd-numbered years to estimate the cost of expanding the program; amend KRS 158.794 to rename the Early Reading Incentive Grant Steering Committee the Reading Diagnostic and Intervention Grant Steering Committee, revise the steering committee membership, and expand the responsibilities of the steering committee; amend KRS 164.0207 to modify role of the Collaborative Center for Literacy Development; specify the Collaborative Center's role relating to research; amend KRS 154A.130 to align with other provisions; provide that the bill shall be cited as the "Read to Achieve Act of 2004"; EMERGENCY.
SB 100 - AMENDMENTS
SCA (1, L. Casebier) - Require the Kentucky Board of Education to consider recommendations from the secretary of the Education Cabinet before promulgating administrative regulations for the Read to Achieve grants.
SCA (2, L. Casebier) - Require grant recipients to assure that they will have a system in place for informing parents of struggling readers of the family literacy services within the district.
SCA (3, L. Casebier) - Add the president of the Council on Postsecondary Education or designee to serve on the Reading Diagnostic and Intervention Grant steering committee.
HCS/Analysis - Delete the provisions of SB 100/GA and include provisions of HB 395/GA with the following changes: The State/Executive Branch Budget: appropriate from the General Fund, General Fund-Tobacco, Road Fund, Restricted Funds, Federal Funds, Bond Funds, Agency Bonds, Capital Construction Surplus, Investment Income, and other funds, $139,106,000 in fiscal year 2003-04, $22,161,569,900 in fiscal year 2004-05, and $19,692,144,200 in fiscal year 2005-06, as follows:
Economic Development Cabinet
Department of Education
Environmental and Public Protection Cabinet
Finance and Administration Cabinet
Health and Family Services Cabinet
Justice and Public Safety Cabinet
Budget Reserve Trust Fund
Not included in the above appropriation amounts are capital project amounts as follows:
provide additional General Fund support of $25,00 each year for Animal Health Ultrasound Testing - North American International Livestock Exposition; increase the Water and Sewer Resources Development Fund for Tobacco Counties, Part II, Capital Budget, to $82,000,000 and provided a General Fund appropriation for additional debt service; add a General Fund grant of $150,000 in fiscal year 2004-2005 for the Hopkins County Exposition Center; authorize $300,000 in fiscal year 2004-2005 from the Local Government Economic Development Fund for a Coal Waste Impoundment Study; provide $4,095,100 in fiscal year 2004-2005 from the Local Government Economic Development Fund for debt service on for the Bond Funded Water and Sewer Resources Development Fund for Coal Producing Counties projects that were authorized in the 2003 session; provide General Funds (Tobacco), in the amount of $4,095,100, in fiscal year 2004-2005 for the debt service on the Water and Sewer Resources Development Fund for Tobacco Counties projects authorized in the 2003 session, and $4,095,100 in Coal Severance Funds, for debt service, in fiscal year 2004-2005 for the Water and Sewer Resource Development Fund for Coal Producing Counties projects that were authorized in the 2003 session; add language that clarifies that the Bond Funds appropriated in Part II, Capital Budget, Statewide Repair, Maintenance, and Replacement Pool Fund are to be used for nonroutine repair, maintenance, improvements, and replacement, and not to be used for minor routine maintenance of facilities; provide bond funds rather than investment income for the Department of Revenue's tax collection system interface; provide $300,000 from the Local Government Economic Development Fund in FY 05 to the University of Kentucky for a Coal Waste Impoundment study; provide $50,000,000 in bond funds for the Renovation of the East Wing/Hall of the Kentucky Fair and Exposition Center; provide language that allows employees of Innovation and Commercialization Centers to receive part of their compensation from service fees and returns generated from investments made through the centers; provide $11,575,000 in FY 05 and $11,485,000 in FY 06 for the High Tech Investment and Construction Pools in the Office of the New Economy; provide language relating to the completion of the Emerging Technology Center Building at Murray State University; provide language prohibiting the Board of Claims from investigating, hearing proof, or adjudicating claims against the Department of Education or the Kentucky Board of Education for the actions of local education agencies; General Fund support totaling $800,000 in each fiscal year for local school district audits is not provided; provide $550,000 in federal funds authorization in each fiscal year for the Jobs for Kentucky's Graduates program and require this to become a necessary governmental expense if the full amount does not materialize in FB 2004-2006; require the Kentucky Department of Education to provide $94,000 in each fiscal year for the Child Assault Prevention Program; provide $800,000 in FY 2004-2005 and $800,000 in FY 2005-2006 for equalized growth nickel funding; language relating to Equalized Facility Funding is not provided; provide debt service totaling $995,700 in fiscal year 2005-2006 and new bonding authority totaling $11,800,000 for specific school construction projects in local school district number 491 and local school district number 535; General Fund support totaling $250,000 in each fiscal year for the Leadership Development Initiative is not provided; provide language to require that the Governor's Scholars grant dollars be allotted during the first quarter of each fiscal year; language requiring that the Teachers' Retirement employer's contribution be a necessary government expense is not provided; language identifying the continuation of the $150,000 Interpreter Services for students at postsecondary institutions is provided; personnel cap of 494 positions for the Education Cabinet is authorized; provide $1,750,000 in fiscal year 2004-2005 and $1,750,000 in fiscal year 2005-2006 for Housing, Buildings, and Construction additional personnel which includes 11 plan reviewers, 10 building inspectors, 20 plumbing inspectors, and 10 heating ventilation and cooling inspectors; provide language that allows the Petroleum Storage Tank Environmental Assurance Fund to request additional funds not to exceed $1,500,000 to be deemed as a needed government expense if necessary to comply with financial responsibility requirements; permit the Petroleum Storage Tank Environmental Assurance Fund to request additional funds as a necessary government expense to comply with state and federal requirements for underground petroleum storage tank programs; permit any municipality to issue revenue bonds for the acquisition or purchase of wholesale electric power, or natural or artificial gas; direct the Kentucky Horse Racing Authority and the Kentucky Equine Drug Research Council to utilize the Gluck Equine Research Center at the University of Kentucky for all equine drug research and testing functions; provide an additional $195.7 million in total funds, contingent upon the Cabinet obtaining a federal waiver to assess Nursing Facilities, Intermediate Care Facilities for the Mentally Retarded/Developmentally Disabled, and Supports for Community Living providers with a portion of the assessment utilized to support the Medicaid program and the remaining assessment going back to these providers through inflationary increases; permit local health department Restricted Funds to be utilized as state match to fully fund health department Medicaid services and noncompetitive contract negotiations for Medicaid managed care contracts; language relating to Kentucky Independence Plus Through Consumer Directed Care is not included; reauthorize and reallocate Eastern State Hospital capital funds to fund a water piping replacement system project; provide Bond Funds totaling $13,727,000 and associated debt service to construct the Kentucky Public Safety Training Center; does not provide Bond Funds totaling $5,522,000 and associated debt service for the replacement of the Records and Secure Evidence Facility; does not provide Bond Funds totaling $3 million and associated debt service for Phase I of the Offender Management System; provide $9,000,000 in FY 2004-05 for the Manchester Postsecondary Education Center; provide $12,000,000 in FY 2004-05 for the Madisonville Technology Center; provide $12,000,000 in FY 2004-05 for the Franklin/Simpson Technology Center; provide $500,000 each year of the biennium is restored to the Council on Postsecondary Education for personnel; provide $100,000 each year of the biennium for scholarships for the Washington Internship Program; provide $50,000,000 per year of Road Fund to Kentucky State Police; decrease the issuance of Road Bonds for state-funded road construction projects from $250,000,000 to $200,000,000; language regarding Certified Air Carriers was modified; language for issuance of $200,000,000 of Economic Development Bonds was added that directs the proceeds to state construction, with half-year debt service in FY 2005 and a full-year debt service in FY 2006; the Highway Construction Contingency Account has $14,500,000 in each year of the biennium with $2,500,000 each fiscal year earmarked for Kentucky Pride; does not provide language for the Industrial Road Access Road Program or the $2,000,000 per year earmark; direct the Transportation Cabinet to use Toll Credits to match all eligible Federal dollars; include three additional Miscellaneous Road Projects; include language provision regarding Toll Road Facilities; include language provision regarding Paving and Rehabilitation; allow additional office space for the Department of Veterans' Affairs; direct the Administrative Office of the Courts to collect a minimum of $4,000,000 excess funds from the local operating accounts of Master Commissioners in FY 2004 and to transfer these funds and all future excess funds collected from the local operating accounts of Master Commissioners to the General Fund Surplus Account each fiscal year; authorize the Kentucky Historical Society to purchase a Kentucky Long Rifle in honor and on behalf of Captain Jack Hart; exempt KCTCS and state universities from the State Vehicle Reduction; provide $500,000 from the Kentucky Long-Term Policy Research Center Fund in Fiscal Year 2004-2005 for the University of Kentucky Oral History Program, which shall be named the University of Kentucky/Edward T. Breathitt-Louie B. Nunn Oral History Program; name and designate the Horse Cave Repertory Theater located in Hart County, Kentucky, as the official repertory theater; amend KRS 6.420 relating to provision of legislative security by the Kentucky State Police to provide for the appointment of legislative security specialists; amend KRS 16 16.010 relating to definitions to conform; amend KRS 16.185 relating to indemnification to conform; allow the Premium and Retaliatory Taxes collected by the Department of Revenue to be credited to the General Fund; make qualified businesses in an enterprise zone eligible for tax incentives for projects begun before the expiration date of the enterprise zone, retroactive to January 1, 2004; increase the Budget Reserve Trust Fund $50,764,800 to $53,637,900; provide debt service for KIA water and sewer projects established in 2003 HB 269, the State/Executive Branch Budget Bill; create new sections and amend existing sections of KRS Chapters 48 and 164A to provide a process for postsecondary institutions to issue auxiliary enterprises agency revenue bonds or hospital agency revenue bonds upon authorization by the General Assembly; provide an intercept clause to ensure bond payment; require all postsecondary institutions' general fund-supported bonds to be issued by the State Property and Buildings Commission unless otherwise approved by the Finance and Administration Cabinet; establish an income tax check-off for breast cancer research and create an education trust fund to be used to support breast cancer research, education, treatment, screening, and awareness in Kentucky; create new sections of KRS Chapter 164A to create the Public Service Student Law School Loan Assistance Program to defray indebtedness incurred for law school for eligible attorneys employed in the Office of the Attorney General, the Prosecutors Advisory Council, the Department of Public Advocacy, or nonprofit legal services organizations designated as eligible and direct the program shall be administered by the Kentucky Higher Education Assistance Authority, which shall promulgate administrative regulations; create the Public Service Student Law School Loan Assistance Program trust fund in the State Treasury where interest and funds shall not lapse but be carried forward for the purposes of the program; amend KRS 42.320, the court cost distribution fund, to direct that $2 of each court cost be deposited in the fund be paid to the Public Service Student Law School Loan Assistance Program; amend KRS 164A.337 to conform; amend KRS 403.213 relating to the effect of emancipation on child support to specify that if a court has determined that the child is mentally ill, mentally retarded, or incompetent that emancipation does not occur at age 19, unless the court determines otherwise.
HCA (1, H. Moberly) - Provide that the General Assembly shall not receive a cost-of-living adjustment in 2005 or 2006.
HCA (2, H. Moberly) - Amend to require the Transportation Cabinet to establish KY 1336 as an access point to the relocated KY 11 in the community of Tilton in Fleming County.
HCA (3/Title, H. Moberly) - Make title amendment.
Jan 15-introduced in Senate
Jan 21-to Education (S)
Jan 29-reported favorably, 1st reading, to Calendar with committee amendments (1) (2) and (3)
Jan 30-2nd reading, to Rules
Feb 3-posted for passage in the Regular Orders of the Day for Wednesday, February 4, 2004
Feb 4-3rd reading, passed 36-0 with committee amendments (1) (2) and (3)
Feb 5-received in House
Feb 6-to Education (H)
Mar 1-posted in committee
Mar 10-reported favorably, 1st reading, to Calendar
Mar 11-2nd reading, to Rules; recommitted to Appropriations and Revenue (H)
Mar 22-posting waived; posted in committee
Mar 23-reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Wednesday, March 24, 2004
Apr 12-recommitted to Appropriations and Revenue (H); reported favorably, to Rules with Committee Substitute, committee amendments (1) (2) to Committee Substitute and committee amendment (3-title) to bill; taken from the Rules Committee, placed in the Orders of the Day; 3rd reading, passed 62-0 with Committee Substitute, committee amendments (1) (2) and (3-title)
Apr 13-received in Senate