Kentucky HB 314: AN ACT relating to controlled substance monitoring. Amend KRS 218A.202 to require certain hospitals to report positive toxicology screens to the Cabinet for Health and Family Services; permit federal prosecutors and agents to use KASPER; permit practitioners or pharmacists to review KASPER reports of birth mothers of potentially drug-exposed infants; remove a pilot program relating to real-time electronic monitoring; make other technical corrections; amend KRS 218A.240 to conform.

Bill Text

CHAPTER 2
Legislative Research Commission PDF Version

1
CHAPTER 2
( HB 314 )
AN ACT relating to the Kentucky Communications Network Authority and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 154.15-010 is amended to read as follows:
As used in this subchapter:
(1) "Authority" means the Kentucky Communications Network Authority;
(2) "Board" means the Board of the Kentucky Communications Network Authority;
(3)[ "Executive director" means the executive director of the Kentucky Communications Network Authority;
(4)] "Network" or "KentuckyWired" means the Commonwealth's open-access broadband network; and
(4)[(5)] "Partnership" means the public-private partnership entered into between the Commonwealth and a
private entity or entities for the purpose of creating, running, and maintaining the network.
Section 2. KRS 154.15-020 is amended to read as follows:
(1) The Kentucky Communications Network Authority is established and shall be attached to the Finance and
Administration Cabinet for administrative purposes[Office of the Governor. The authority shall be headed by
an executive director who shall be hired by the board and approved by the Governor].
(2) [Notwithstanding KRS 42.726, ]The duties of the authority shall be to:
(a) Oversee and maintain KentuckyWired, the Commonwealth's open-access broadband network;
(b) Manage the master agreement establishing the public-private partnership between the Commonwealth
and its private industry partner or partners. The purpose of the agreement is to design, engineer, build,
operate, maintain, and upgrade the network;
(c) Provide network connectivity to public agencies;
(d) Offer access to entities eligible to utilize excess capacity on the network;
(e) Manage other aspects of the network and its utilization[ through the executive director and] with
oversight and input from the board established in KRS 154.15-030[ and the advisory group established
in this section];
(f) Promulgate administrative regulations in accordance with[pursuant to] KRS Chapter 13A necessary to
implement the purposes of this subchapter;
(g) Enter into contracts with public and private entities to carry out its duties and responsibilities. A
contract or other agreement involving the acquisition or disposition of a property interest by the
Commonwealth shall be signed by the secretary of the Finance and Administration Cabinet. KRS
Chapters 45A and 56 may require the secretary's signature on other contracts or agreements;
(h) Provide program management services ensuring the financial viability of the master agreement and
related contracts and agreements, including grant administration, contract compliance and oversight,
community planning support, and constituent services; and
(i) Seek out, secure, and manage funding sources for the network[; and
(j) Create an advisory group, including major stakeholders, to provide input and feedback on issues
important to the user community and to the long-term sustainability of the project and the network. The
advisory group shall be administratively attached to and managed by the authority. The advisory group
shall include but not be limited to representatives of:
1. The Department of Education;
2. The Council on Postsecondary Education;
3. The Cabinet for Economic Development;

ACTS OF THE GENERAL ASSEMBLY 2
4. The Cabinet for Health and Family Services;
5. The Transportation Cabinet;
6. The Justice and Public Safety Cabinet;
7. The Finance and Administration Cabinet;
8. The Administrative Office of the Courts;
9. The Legislative Research Commission;
10. Institutions of higher education;
11. Local government entities;
12. Libraries;
13. Public health care institutions or agencies;
14. Kentucky Educational Television; and
15. Others whose input will benefit the network].
(3) The executive director of the Commonwealth Office of Technology established in KRS 42.724 shall assign
personnel employed with the Commonwealth Office of Technology to carry out the functions and
responsibilities of the authority[With the approval of the board, the executive director may hire additional
officers and other personnel necessary for the proper functioning of the authority, fix their salaries, and
prescribe their duties. The executive director and persons employed by the authority shall not be subject to the
provisions of KRS Chapter 18A].
(4) (a) With the approval of the board, the executive director of the Commonwealth Office of Technology
may make, execute, and effectuate contracts, leveraging future revenues from provision of government-
to-government services and sale or lease of excess capacity, to incur debt in the name of the authority
and enter into financing agreements with the Commonwealth, agencies of the Commonwealth, lending
institutions, investors, or investing entities.
(b) The total amount of debt or financing under this subsection shall not exceed one hundred ten million
dollars ($110,000,000), and sh