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175B.015 Kentucky Public Transportation Infrastructure Authority -- Members
-- Meetings -- Records -- Administrative regulations -- Model procurement
code compliance.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
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.
(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.
The ex officio members shall serve for the term of their respective offices.
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.
Vacancies occurring during the term of any member shall be filled in the same
manner as the original appointment.
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.
(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, or at least quarterly if any bi-state
authority or project authority exists, 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.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 38, sec. 1, effective June 25, 2013. -- Created
2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 77, effective June 26, 2009.
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