KRS 175B.015: Kentucky Public Transportation Infrastructure Authority -- Members

-- Meetings -- Records -- Administrative regulations -- Model procurement

code compliance.

(1) The Kentucky Public Transportation Infrastructure Authority is hereby

established as an independent de jure municipal corporation and political

subdivision of the Commonwealth constituting a governmental agency and

instrumentality of the Commonwealth. The General Assembly hereby finds and

declares that in carrying out its functions, powers, and duties as prescribed in

this chapter, the state authority will be performing essential public and

government functions that improve the public welfare and prosperity of the

people of the Commonwealth by promoting the availability of and enhancing

accessibility to improved transportation services within the Commonwealth.

(2) (a) The state authority shall be composed of the following eleven (11) voting

members:

1. The secretary of the Finance and Administration Cabinet, or the

secretary's designee;

2. The secretary of the Transportation Cabinet;

3. A representative of the Kentucky Association of Counties, to be

appointed by the Governor;

4. A representative of the Kentucky County Judges/Executive

Association, to be appointed by the Governor;

5. A representative of the Kentucky League of Cities, to be appointed

by the Governor; and

6. Six (6) citizen members to be appointed by the Governor and

confirmed by the Senate in accordance with KRS 11.160, at least

two (2) of whom shall be familiar with road and bridge design or the

financing and administration of transportation infrastructure projects;

and

(b) Each Kentucky member who shares duties as a presiding officer of a

bi-state authority pursuant to KRS 175B.030(4)(a)3. shall serve as a

nonvoting ex officio member.

(3) The ex officio members shall serve for the term of their respective offices.

(4) Members appointed pursuant to subsection (2)(a)3. to 6. of this section shall

begin their terms on October 1, 2009, and shall be appointed for a term of four

(4) years; however, in making initial appointments, the members appointed

pursuant to subsection (2)(a)6. of this section shall include two (2) members for

a term of two (2) years, two (2) members for a term of three (3) years, and two

(2) members for a term of four (4) years.

(5) Vacancies occurring during the term of any member shall be filled in the same

manner as the original appointment.

(6) The members of the state authority shall receive no compensation for their

services, but shall be entitled to reimbursement for all reasonable expenses

necessary and incidental to the performance of their duties and functions as

members of the state authority.

(7) (a) Members of the state authority shall be considered public servants

subject to KRS Chapter 11A.

(b) The following individuals or entities shall be prohibited from entering into

any contract or agreement with the state authority:

1. Any member of the state authority, a project authority, or a bi-state

authority;

2. Any spouse, child, stepchild, parent, stepparent, or sibling of a

member of the state authority, a project authority, or a bi-state

authority; and

3. Any corporation, limited liability entity, or other business entity of

which a person identified in subparagraph 1. or 2. of this paragraph

is an owner, member, or partner or has any other ownership

interest.

(8) (a) The chairman of the state authority shall be the secretary of the

Transportation Cabinet.

(b) The members of the state authority shall elect a vice chairman and a

secretary from the membership.

(9) The Finance and Administration Cabinet shall provide fiscal consultant

services to the state authority.

(10) The state authority shall hold its initial meeting no later than November 1,

2009, and shall meet as needed thereafter, with adequate notice at the call of

the chair. A quorum of at least fifty percent (50%) of the members of the state

authority must be present for the state authority to take any action. At least

eight (8) members shall vote in the affirmative for the state authority to approve

a new project. All other business shall be approved by a majority vote of the

members present.

(11)(a) The state authority shall be attached for administrative purposes to the

Transportation Cabinet. The state authority shall establish and maintain

an office, and the secretary of the state authority shall maintain complete

records of the state authority's actions and proceedings as public records

open to inspection.

(b) The state authority shall employ staff as needed in the conduct of its

duties and functions, and shall fix their compensation.

(12) The state authority may promulgate administrative regulations in accordance

with KRS Chapter 13A as needed:

(a) Establishing collection and enforcement procedures, including fines,

charges, assessments, and other enforcement mechanisms, for the

violation of KRS 175B.040(4), and for violation of any administrative

regulation promulgated under this subsection;

(b) Establishing an appeals process by which a person may contest a

violation of KRS 175B.040(4), or a violation of any administrative

regulation promulgated under this subsection, by way of an administrative

hearing to be conducted in accordance with KRS Chapter 13B;

(c) Relating to any matters necessary to the efficient administration of tolls

when implemented for a project developed under this chapter; and

(d) To fulfill any other requirements of this chapter.

(13) The state authority shall comply with applicable provisions of KRS Chapter 45A

in the development of a project and the procurement of goods and services.

(14) The records of the state authority shall be considered open records pursuant to

KRS 61.870 to 61.884.

(15) The meetings of the state authority shall be considered open meetings

pursuant to KRS 61.805 to 61.850.