03RS HB560


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HB 560 (BR 1632) - G. Stumbo, T. Riner

     AN ACT relating to state government procedures, and declaring an emergency.
     Amend KRS 13A.020, 45.790, 45A.705, and 248.723 to provide equal membership from Senate and House on the Administrative Regulation Review Subcommittee, Capital Projects and Bond Oversight Committee, Government Contract Review Committee, and the Tobacco Settlement Agreement Fund Oversight Committee, and to authorize the Government Contract Review Committee to audit results of contracts previously reviewed by the Committee; create a new section of KRS Chapter 7 to create a Committee on Budget Preparation and Management as an LRC subcommittee, provide for eight members, including the chairs of the Senate and House A&R Committees plus three additional members from each A&R Committee, authorize the Committee to investigate, audit or evaluate matters relating to agency budgets; create a new section of KRS Chapter 7 to provide for interim joint committees to meet during an interim that begins on July 1 and continues through December 1; amend KRS 7.090 to require affirmative vote of a majority of LRC to take action; amend KRS 45A.030 include state universities as governmental bodies; amend KRS 45A.095 to require the Finance Cabinet to regularly report to the Government Contract Review Committee information regarding emergency, nonfeasibility of competition and sole source contracts, require increased scrutiny of requests for sole source contracts, and prohibit renewal of sole source contracts more than two consecutive times, unless the contract has been offered for competitive bid; amend KRS 45A.690 to require that a memorandum of agreement shall be utilized only to formalize an agreement between government agencies; amend KRS 45A.695 to require agencies to report to the Government Contract Review Committee evidence comparing the cost of providing service through the proposed contract to the cost of using a state employee to provide the service, provide that payment on contracts shall not be made before completion of review by the legislative committee, or for services rendered after committee disapproval, unless the decision is overridden by the Secretary of the Finance Cabinet and the head of the contracting agency; create new sections of KRS Chapter 45A to require the Finance Cabinet to provide the Government Contract Review Committee with electronic access to the Cabinetís procurement database, permit the Committee to analyze contract information including dollar amounts, vendor names, methods of awards, modifications, and renewals, prohibit state agencies from amending or modifying a contractual agreement to obtain services unrelated to the originally stated purpose of the contract or master agreement; prohibit agencies from amending or modifying a contractual agreement to obtain services for the benefit of another agency, require that all payments on contracts shall be made in a manner that allows associating the payment to the specific contract in the statewide accounting system database for reporting, require Finance Cabinet to maintain a procurement training program to train state employees on methods of improving competition in the contract award process, require establishment of contracting guidelines to clarify the independent contractor status of contract workers, require policies to govern travel reimbursement for service contractors, require the Finance Cabinet to create a website to provide information on contracts to be awarded, contracts already awarded, and contract renewals, require Finance Cabinet to develop a contractor assessment rating scale for use by all agencies; require agencies to rate the performance of all contractors providing services, provide training for all state agencies on the necessity for adequate contract monitoring, authorize the Attorney General to have the right of first refusal on legal service contracts, require the Finance Cabinet to consult with the Attorney General to determine if needed legal services are available in the Attorney Generalís office; amend KRS 45A.285 and 45A.290 to authorize the Finance Secretary to resolve disagreements relating to assignment of ratings to contractors, exempt rating protests from requirement that Commonwealth not proceed with solicitation or award until protest has been addressed; establish standards for issuance of executive orders; provide for review of executive orders by legislative committee; require that each administrative body created by an executive order shall expire 90 days after the end of the term of the Governor or other elected official who issued the executive order; EMERGENCY.

     Feb 18-introduced in House
     Feb 19-to State Government (H)
     Feb 20-posted in committee

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