45A.705 Government Contract Review Committee -- Membership -- Terms --
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/ky/45a-705A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Vacancies -- Duties -- Meeting -- Vote required to act. (Effective January 1,
2027)
(1)There is hereby created a permanent committee of the Legislative Research
Commission to be known as the Government Contract Review Committee. The
committee shall be composed of eight
(8)members appointed as follows: three
members of the Senate appointed by the President of the Senate; one
(1)member of
the minority party in the Senate appointed by the Minority Floor Leader in the
Senate; three
(3)members of the House of Representatives appointed by the
Speaker of the House of Representatives; and one
(1)member of the minority party
in the House of Representatives appointed by the Minority Floor Leader in the
House of Representatives. Members shall be appointed in January of each odd-
numbered year and serve for terms of two
(2)years. The President of the Senate and
the Speaker of the House of Representatives shall elect one
(1)member of the
committee from their chamber to serve as co-chair. Any vacancy that may occur in
the membership of the committee shall be filled within thirty
(30)days of the
occurrence, in the same manner as the original appointment, and for the balance of
the vacated member's term.
(2)On an alternating basis, each co-chair shall have the first option to set the monthly
meeting date. A monthly meeting may be canceled by agreement of both co-chairs.
The co-chairs shall have joint responsibilities for committee meeting agendas and
presiding at committee meetings. A majority of the entire membership of the
Government Contract Review Committee shall constitute a quorum, and all actions
of the committee shall be by vote of a majority of its entire membership. The
members of the committee shall be compensated for attending meetings, as
provided in KRS 7.090(3).
(3)Any professional, clerical, or other employees required by the committee shall be
provided in accordance with the provisions of KRS 7.090(4) and (5).
(4)All proposed personal service contracts, tax incentive agreements, and memoranda
of agreement received by the Legislative Research Commission shall be submitted
to the committee to:
(a)Examine the stated need for the service or benefit to the Commonwealth of
the motion picture or entertainment production;
(b)Examine whether the service could or should be performed by state personnel,
for personal service contracts and memoranda of agreement;
(c)Examine the amount and duration of the contract or agreement; and
(d)Examine the appropriateness of any exchange of resources or responsibilities.
(5)The committee shall review a personal service contract, tax incentive agreement, or
memorandum of agreement submitted to the Legislative Research Commission
within forty-five
(45)days of the date received.
(6)If the committee determines that the contract service or agreement, other than:
(a)A contract necessary in the exercise of the enumerated powers specifically
granted to the Governor pursuant to Sections 75, 76, 77, 78, 79, and 80 of the
Constitution of Kentucky or any subsequent amendments to the Constitution
of Kentucky which specifically designate enumerated powers to the
Governor; or
(b)An emergency contract approved by the secretary of the Finance and
Administration Cabinet or his or her designee;
is not needed or inappropriate, the motion picture or entertainment production is not
beneficial or is inappropriate, the service could or should be performed by state
personnel, the amount or duration is excessive, or the exchange of resources or
responsibilities are inappropriate, the committee shall attach a written notation of its
nonbinding recommendations regarding the personal service contract, tax incentive
agreement, or memorandum of agreement and shall forward the personal service
contract, tax incentive agreement, or memorandum of agreement to the State
Treasurer or his or her designee.
(7)Upon receipt of the committee's nonbinding recommendations regarding a personal
service contract, tax incentive agreement, or memorandum of agreement, the State
Treasurer or his or her designee shall determine whether the personal service
contract, tax incentive agreement, or memorandum of agreement shall:
(a)1. Be revised by the Treasurer and returned to the secretary of the Finance
and Administration Cabinet or his or her designee; and
2. The Finance and Administration Cabinet or designee shall either:
a. Issue the contract with the Treasurer's revisions; or
b. Cancel the contract;
(b)Be canceled and, if applicable, payment allowed for services rendered under
the contract or amendment; or
(c)Remain effective as originally submitted.
(8)If the committee determines that the contract executed pursuant to subsection (6)(a)
or
(b)of this section is not needed or inappropriate, the motion picture or
entertainment production is not beneficial or is inappropriate, the service could or
should be performed by state personnel, the amount or duration is excessive, or the
exchange of resources or responsibilities are inappropriate, the committee shall
attach a written notation of its nonbinding recommendations regarding the personal
service contract, tax incentive agreement, or memorandum of agreement and shall
return the personal service contract, tax incentive agreement, or memorandum of
agreement to the secretary of the Finance and Administration Cabinet or his or her
designee.
(9)Upon receipt of the committee's nonbinding recommendations regarding a personal
service contract, tax incentive agreement, or memorandum of agreement executed
pursuant to subsection (6)(a) or
(b)of this section, the secretary of the Finance and
Administration Cabinet or his or her designee shall determine whether the personal
service contract, tax incentive agreement, or memorandum of agreement shall:
(a)Be revised to comply with the objections of the committee;
(b)Be canceled and, if applicable, payment allowed for services rendered under
the contract or amendment; or
(c)Remain effective as originally submitted.
(10)Contracting bodies shall make annual reports to the committee not later than
December 1 of each year. The committee shall establish reporting procedures for
contracting bodies related to personal service contracts, tax incentive agreements,
and memoranda of agreement submitted by the secretary of the Finance and
Administration Cabinet or his or her designee.