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HB 445 (BR 1785) - B. Yonts

     AN ACT relating to government contracts.
     Amend various sections in KRS Chapter 45A to expand and refine the list of entities included in definition of "contracting body"; allow committee to determine the definition of "governmental emergency"; refine the definition of memorandum of agreement (MOA) to eliminate exemptions for agreements between state agencies as required by federal or state law and agreements between state agencies and state universities and include grant and research agreements; correct references to universities and colleges and institutions of higher education; require reporting of federal grant and research projects; refine the definition of "personal service contract" (PSC) to eliminate professional skill or judgment requirement and specifically include contracts for personal or professional services and group health care for public employees; allow the committee to establish reporting schedule for exempt PSC's; exempt health maintenance organization or Medicaid-managed health care service contracts with the Cabinet for Health and Family Services, but require reporting of such contracts; exempt contracts between postsecondary institutions and health care providers, but require reporting of such contracts; exempt PSC's of postsecondary institutions for federal grant and research projects, but require reporting of such contracts; exempt contracts $40,000 and under from request for proposals process, but require three quotes when feasible, and determination of unfeasibility may be reviewed by the secretary of the Finance and Administration Cabinet or the committee; exempt contracts $40,000 and under from routine review process, but require filing within 30 days for informational purposes; prohibit delegation of decision-making authority by secretary of the Finance and Administration Cabinet, except with respect to institutions of higher education that have elected to implement procurement procedures in accordance with statutory authority; delete requirement for annual reports; delineate powers of the committee; specify that competitive bids may not be required for authorized contracts with risk-bearing organizations responsible for Medicaid-managed health care services.


     HCS - Retain original provisions of the bill and add that personal service contracts require professional skill or professional judgment.

     HFA (1, B. Yonts) - Amend the bill to exempt memoranda of agreement between state agencies and postsecondary institutions required by federal or state law from routine reporting; exempt service contracts for services not requiring professional skill or professional judgment for $40,000 or less in a fiscal year from routine reporting; clarify that the president of a postsecondary institution shall act as the head contracting authority for postsecondary institutions operating under the procurement procedures of KRS 164A.575; make technical corrections.

     Feb 17-introduced in House
     Feb 18-to State Government (H)
     Feb 23-posted in committee
     Feb 25-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 26-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, March 1, 2010
     Mar 2-floor amendment (1) filed to Committee Substitute
     Mar 3-3rd reading, passed 99-0 with Committee Substitute, floor amendment (1)
     Mar 4-received in Senate
     Mar 8-to State & Local Government (S)

Vote History
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