KRS 248.723: Tobacco Settlement Agreement Fund Oversight Committee -- Membership

-- Meetings -- Vote required to act -- Reporting of expenditure under early

childhood development fund and the Kentucky health care improvement fund.

(Effective until January 1, 2027)

(1) There is created a permanent subcommittee of the Legislative Research

Commission to be known as the Tobacco Settlement Agreement Fund Oversight

Committee. The subcommittee shall be composed of twelve (12) members and shall

include four (4) mem bers of the House of Representatives appointed by the

Speaker; two (2) members of the minority party in the House of Representatives

appointed by the Minority Floor Leader; four (4) members of the Senate appointed

by the President; and two (2) members of the minority party in the Senate appointed

by the Minority Floor Leader. The members of the subcommittee shall serve for

terms of two (2) years. The appointed members from each chamber shall elect one

(1) member from their chamber to serve as co-chair. Any vacancy that may occur in

the membership of the subcommittee shall be filled pursuant to this subsection by

the same appointing authority who made the original appointment.

(2) The co-chairs shall have joint responsibilities for committee meeting agendas a nd

presiding at committee meetings. The members of the subcommittee shall be

compensated for attending meetings as provided in KRS 7.090(3) and 7.110(5).

(3) A majority of the entire membership of the Tobacco Settlement Agreement Fund

Oversight Committee shall constitute a quorum, and all actions of the subcommittee

shall be by vote of a majority of its entire membership.

(4) Any professional, clerical, or other employees required by the subcommittee shall

be provided in accordance with KRS 7.090(4) and (5).

(5) (a) Subsections (6) to (10) of this section shall apply only to the expenditures

from and projects under the agricultural development fund;

(b) Subsection (11) shall apply to all expenditures under the tobacco settlement

agreement fund created in KRS 248.654; and

(c) Subsection (12) shall apply to expenditures from the early childhood

development fund and the Kentucky health care improvement fund created in

KRS 200.151 and 194A.055.

(6) The subcommittee shall review each project being submitted to the Agricultural

Development Board. In reviewing the projects, the subcommittee shall determine

whether the criteria or requirements required by KRS 248.701 to 248.727 have been

met and whether any other relevant requirements have been met.

(7) (a) If the subcommittee determines that any of the criteria or requirements

required by KRS 248.701 to 248.727, except as provided in subsection (5) of

this section, have not been met, the subcommittee may, by majority vote,

recommend to the board in writing that a project not be approved.

(b) If the subcommittee determines that all relevant criteria were met for

proposals not approved by the board, the subcommittee may, by majority

vote, recommend to the board in writing that the project be approved.

(c) The r easons for recommending that a project be approved or not approved

shall be stated in correspondence from the subcommittee, which shall be

issued within thirty (30) days of action of the subcommittee.

(8) If the board proceeds with approval of a project un der the agricultural development

fund that the subcommittee has recommended in writing not be approved, or refuses

to approve a project that the subcommittee has recommended in writing be

approved, the board shall provide a written explanation to the subco mmittee as to

why the board took that action on the project. The written explanation shall be sent

within thirty (30) days of receiving the subcommittee's notification.

(9) The subcommittee shall also hear cases that arise under KRS 248.721(9) and

248.711(4). In these cases the subcommittee shall provide a forum for discussion

and possible resolution of differences between the board and the affected party. If

the differences are not resolved, the subcommittee may, by majority vote,

recommend to the board in writing a course of action.

(10) The subcommittee shall maintain records of its findings and determinations. The

records shall be transmitted to the appropriate interim joint committees of the

Legislative Research Commission within thirty (30) days of mak ing any

determination.

(11) The subcommittee shall issue an annual written report to the Legislative Research

Commission regarding the findings of the subcommittee.

(12) All expenditures under the early childhood development fund and the Kentucky

health ca re improvement fund created in KRS 200.151 and 194A.055 shall be

reported to the subcommittee. The expenditures shall be submitted in an electronic

format in a manner approved by the Legislative Research Commission in order for

the Commission to have a rep ository of information in Master Settlement

Agreement funding expenditures.

Effective: June 25, 2009