Download as PDF
45A.705 Government Contract Review Committee -- Membership -- Duties -Meeting -- Vote required to act.
(1)
(2)
(3)
(4)
(5)
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
(3) 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 serve
for terms of two (2) years, and the members appointed 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 committee shall be filled by
the appointing authority who made the original appointment.
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).
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).
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.
If the committee determines that the contract service or agreement, other than
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 the reasons for its disapproval or objection to 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
(6)
(7)
(8)
her designee. The committee shall act on 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.
Upon receipt of the committee's disapproval or objection to a personal service
contract, tax incentive agreement, or memorandum of agreement, 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 approved.
The secretary of the Finance and Administration Cabinet or his or her designee
shall notify the committee of the action taken on personal service contracts, tax
incentive agreements, and memoranda of agreement disapproved or objected
to within ten (10) days from the date the personal service contracts, tax
incentive agreement, or memoranda of agreement were reviewed by the
committee.
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.
Effective:June 26, 2009
History: Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 50, effective June
26, 2009. -- Amended 2003 Ky. Acts ch. 185, sec. 5, effective March 31, 2003.
-- Amended 1998 Ky. Acts ch. 120, sec. 17, effective July 15, 1998; and ch. 486,
sec. 5, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 496, sec. 17,
effective July 13, 1990.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.