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AN ACT relating to the Kentucky Horse Park. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 148.258 is amended to read as follows: 3
As used in KRS 148.258[148.260] to 148.320:[ the term ] 4
(1) "Commission" means[shall mean] the "Kentucky Horse Park Commission" unless 5
the context clearly indicates otherwise; 6
(2) "Emergency" means an incident or situation which impedes the operations of the 7
Kentucky Horse Park, or poses a major threat to the public safety of any guest, 8
employee, or equine population of the Kentucky Horse Park; and 9
(3) "Solely for administrative purposes" means for those limited functions and 10
purposes expressly requested by the commission to be performed by the Tourism, 11
Arts and Heritage Cabinet. The commission shall have sole discretion as to which 12
functions shall be deemed necessary for the efficient operation of the Kentucky 13
Horse Park. 14
Section 2. KRS 148.260 is amended to read as follows: 15
(1) There is hereby created and established an agency of state government to be known 16
as the Kentucky Horse Park Commission, which shall constitute a separate 17
administrative body of state government within the meaning of KRS 12.010(8) and 18
under the provisions of KRS 12.015 shall be attached to the Tourism, Arts and 19
Heritage Cabinet solely for administrative purposes. 20
(2) The commission shall be composed of the following eighteen (18)[fifteen (15)] 21
members: 22
(a) The secretary of the Tourism, Arts and Heritage Cabinet or designee; 23
(b) The secretary of the Finance and Administration Cabinet or designee; 24
(c) The Commissioner of Agriculture or designee; 25
(d) The mayor of Lexington or designee; 26
(e) The Scott County judge/executive or designee; 27 UNOFFICIAL COPY 23 RS HB 39/GA
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(f) The dean of the University of Kentucky College of Agriculture, Food and 1
Environment or designee; and 2
(g) Twelve (12)[Thirteen (13)] members appointed by the Governor who possess 3
the ability to provide broad management expertise and direction in the 4
operation of the Kentucky Horse Park and, to the extent possible, represent 5
the diverse interests of the Kentucky horse industry, four (4) or more of whom 6
represent the equine industry and four (4) or more of whom are active in 7
industry, tourism, or commerce. The members of the commission appointed 8
under this paragraph shall serve no more than three (3) consecutive[for a 9
term of] four (4) year terms.[years, except that initial appointments shall be as 10
follows: 11
1. Four (4) members shall serve for a term of two (2) years; 12
2. Five (5) members shall serve for a term of three (3) years; and 13
3. Four (4) members shall serve for a term of four (4) years; and] 14
(3) Members serving under subsection (2)(a) to (f) of this section[(b) The secretary 15
of the Cabinet for Economic Development and the secretary of the Tourism, Arts 16
and Heritage Cabinet, who] shall serve as ex officio members with full voting 17
rights, except as provided in subsection (4) of this section. 18
(4)[(3)] The Governor shall designate one (1) member of the commission to serve as 19
chairperson and one (1) member of the commission to serve as vice chairperson, 20
both of whom shall serve at the pleasure of the Governor. The chairperson shall 21
generally serve as a nonvoting member, but shall vote when there is a tie among 22
the other members. The vice chairperson shall preside over meetings in the absence 23
of the chairperson, and shall retain the right to vote unless serving in the capacity 24
of chairperson. 25
(5) If a vacancy occurs on the commission, the unexpired term shall be filled 26
pursuant to the requirements and procedures for the original appointment. 27 UNOFFICIAL COPY 23 RS HB 39/GA
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(6)[(4)] The commission shall meet quarterly, and the chairperson shall preside over 1
the meetings. The chairperson may call special meetings of the commission upon a 2
request of the majority of the members of the commission, or upon request of the 3
Governor. 4
(7)[(5)] Members shall be reimbursed only for expenses incurred in the discharge of 5
official business, subject to regulations established by the Finance and 6
Administration Cabinet. All expenses reimbursed to members shall be paid from 7
operating funds of the Kentucky Horse Park. 8
(8)[(6)] The commission shall establish and maintain an office at the Kentucky [State 9
]Horse Park for the transaction of its business and shall not establish any branch 10
office. The commission may hold meetings at any other place when the 11
convenience of the commission requires. 12
(9)[(7)] The commission shall be authorized to adopt bylaws providing for the call of 13
its meetings, which shall be held at least quarterly, and for its operating procedures. 14
A quorum of the commission shall consist of ten (10)[eight (8)] members, and a 15
quorum of members present at any duly-called meeting may act upon any matter 16
before it for consideration. Each member shall have one (1) vote. 17
(10)[(8)] The Governor may establish an advisory committee to advise in the 18
administration, development, and operation of the Kentucky Horse Park or other 19
functions, activities, and programs provided for or authorized by KRS 20
148.258[148.260] to 148.320. 21
Section 3. KRS 148.270 is amended to read as follows: 22
(1) (a) The commission shall be a body corporate with usual corporate powers. 23
(b) The General Assembly hereby recognizes and reaffirms that the operations 24
of the Kentucky Horse Park and the operations of its facilities are unique 25
activities for state government and that an independent corporate structure 26
is best to enable the Kentucky Horse Park to be managed in an 27 UNOFFICIAL COPY 23 RS HB 39/GA
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entrepreneurial and businesslike manner. The Kentucky Horse Park 1
Commission shall be an independent, de jure municipal corporation and 2
political subdivision of the Commonwealth of Kentucky, which shall be a 3
public body corporate and politic. 4
(c) The Kentucky Horse Park Commission is a public agency as defined in KRS 5
61.805 and is subject to the Open Meetings Act, KRS 61.805 to 61.850. 6
(d) The Kentucky Horse Park Commission shall be attached to the Tourism, 7
Arts and Heritage Cabinet solely for administrative purposes and shall not 8
be subject to reorganization under KRS Chapter 12. 9
(2) Full minutes and records shall be kept of all meetings of the board and all official 10
actions shall be recorded. 11
(3) (a)[(2)] The commission shall appoint a president[an executive director], who 12
shall hold the position at the pleasure of the commission[office during its 13
pleasure] and shall devote his or her entire time to the duties of the[his] 14
office. 15
(b) The president[executive director] shall be the chief executive[administrative] 16
officer and secretary of the commission and shall provide the staff direction 17
and coordination in implementing the program and discharging the duties of 18
the commission. The president[executive director] shall serve as the 19
administrative head of the Kentucky [State ]Horse Park, thereby overseeing 20
daily operations of the park. 21
(c) The president[secretary] shall keep a full and true record of all the 22
proceedings of the commission, of all books and papers ordered filed by the 23
commission, and of all orders made by the commission or approved and 24
confirmed by it and ordered filed, and shall be responsible to it for the safe 25
custody and preservation of all such documents in its office. All documents 26
shall be subject to the open records provisions of KRS 61.870 to 61.884. 27 UNOFFICIAL COPY 23 RS HB 39/GA
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(d) The commission shall designate from time to time staff persons to perform the 1
duties of the president[executive director] during his or her absence, and 2
during the absence, the persons so designated shall possess the same powers 3
as the president[their principal]. 4
(4) The president may only be removed by an affirmative vote of a majority of the 5
members of the commission, and upon thirty (30) days' written notice. 6
(5) The commission shall determine the term, conditions, and compensation of its 7
president, provided the term does not exceed four (4) years. There is no limit on 8
the number of terms an individual can serve as president. 9
(6) (a) The president shall have the authority to organize administrative divisions 10
and may designate chiefs of the divisions who, under the control and 11
supervision of the president, shall have the duties of direction of the 12
divisions. 13
(b) The president shall organize a Division of Personnel Management and Staff 14
Development that shall manage all personnel matters, including staff 15
development and training programs for affirmative action. The director of 16
this division shall be appointed by the president, and the appointment shall 17
be subject to confirmation by the commission. 18
(c) The president shall employ other employees and agents necessary to carry 19
out the policies of the commission and to conduct the affairs of the 20
Kentucky Horse Park, and shall fix the duties and compensation of any 21
employees or agents with the approval of the commission. 22
(7) The president and any persons newly employed under this section after July 1, 23
2023, shall not be subject to KRS Chapter 18A. 24
(8)[(3)] The commission acting through the president[executive director] may employ 25
such additional staff as necessary to perform the duties and exercise the powers 26
conferred upon it by the provisions of KRS 148.258[148.260] to 148.320. 27 UNOFFICIAL COPY 23 RS HB 39/GA
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Section 4. KRS 148.280 is amended to read as follows: 1
(1) The commission: 2
(a) Shall have the authority and control of such property as now is under its 3
custody and control, and of such property as may hereafter be placed under its 4
control or transferred to it by the State Property and Buildings Commission, 5
for any purpose mentioned in this section; 6
(b) May erect and repair buildings on the Kentucky[State] Horse Park and make 7
any and all necessary or proper improvements, and generally carry on a 8
program of development and extension of facilities designed to accomplish 9
the objectives defined in this section; and 10
(c) Shall promote the progress of the state and stimulate public interest in the 11
advancement and development of the state by providing the facilities of the 12
Kentucky[State] Horse Park for exhibitionary, competitive, and other events 13
relative to various aspects of the horse industry and other functions calculated 14
to advance and enhance the tourist industry, economy, entertainment, cultural, 15
and educational interests of the public. 16
(2) The commission may take, acquire, and hold property, and all interest herein, by 17
deed, gift, devise, bequest, lease, or by transfer from the state property so acquired 18
in the manner provided by law, and may dispose of any property so acquired in the 19
manner provided by law. 20
(3) The commission may promulgate[enact by] administrative regulations[regulation 21
as provided] in accordance with KRS Chapter 13A to govern[, rules governing] the 22
operation, maintenance, or use of property under its custody and control, as are 23
necessary to: 24
(a) Maintain decency and good order; 25
(b) Protect the peace or safety of the general public; 26
(c) Protect the public interest, convenience, or necessity; and 27 UNOFFICIAL COPY 23 RS HB 39/GA
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(d) Govern the operation, maintenance, or use of the Kentucky Horse Park. 1
(4) The commission may: 2
(a) Employ or contract with other persons, firms, or corporations the commission 3
may deem necessary or desirable to accomplish its duties and functions; may 4
fix the compensation and the terms of employment or contract of those 5
employed or contracted with; and may assign to them duties and 6
responsibilities the commission may determine, including the responsibility of 7
actual operation of any or all of the facilities under the control of the 8
commission; 9
(b) Purchase liability insurance for the members and executive officers 10
exempted from the classified service of the state by KRS 18A.115; and 11
(c) Operate shows and expositions that support the purpose and function of the 12
Kentucky Horse Park. 13
Section 5. KRS 148.285 is amended to read as follows: 14
The commission shall: 15
(1) Formulate policies and procedures as necessary to carry out the provisions of KRS 16
148.258[148.260] to 148.320; 17
(2) Promulgate administrative[rules and] regulations as necessary to carry out the 18
provisions of KRS 148.258[148.260] to 148.320; 19
(3) Annually provide the Interim Joint Committee on Tourism, Small Business, and 20
Information Technology[Governor] a report by November 1[January 30 and 21
provide the General Assembly a report by January 30] showing the status of the 22
horse industry within the Commonwealth and recommend any action necessary to 23
preserve and strengthen that industry; and 24
(4) Employ staff personnel, if any, as it may deem necessary to implement the business 25
of the commission and the intent of KRS 148.258[148.260] to 148.320. The 26
commission shall fix the compensation of such employees and any employee of the 27 UNOFFICIAL COPY 23 RS HB 39/GA
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commission shall be reimbursed for expenses paid or incurred in the discharge of 1
official business when approved by the commission. 2
Section 6. KRS 148.290 is amended to read as follows: 3
(1) The commission may enter into agreements with the law enforcement agency of 4
any urban-county or counties in which the Kentucky[State] Horse Park is located or 5
in any adjacent county or with the Department of Kentucky State Police for proper 6
policing of the Kentucky[State] Horse Park. If authorized to do so by the 7
commission and subject to KRS 61.300, the president[executive director] may 8
commission employees of the park as patrol officers. These patrol officers shall 9
have all the powers of peace officers upon the property of the Kentucky[State] 10
Horse Park and the public property and roads traversing or immediately adjacent 11
thereto. 12
(2) The commission is authorized to establish by resolution speed limits governing the 13
operation of motor vehicles on horse park property. Notice to the public of such 14
speed limits shall be posted by signs or markings. 15
(3) The commission may by administrative regulation establish restrictions on the use, 16
including the operation, parking, impoundment, and removal, of golf cart-type 17
vehicles, all-terrain vehicles as defined by KRS 189.010(24), horse trailers, and 18
automobiles operated on Kentucky[State] Horse Park property. The commission 19
may prohibit the use of all-terrain vehicles on Kentucky[State] Horse Park property. 20
(4) The commission may by administrative regulation establish a permit system, 21
including a fee schedule, for golf cart-type vehicles, require owners to purchase 22
usage permits, and require that the usage permit be displayed on the vehicle when 23
operated on Kentucky[State] Horse Park property. 24
(5) The commission may by administrative regulation establish a trailer permit system, 25
including a fee schedule, for horse owners participating in events but not renting 26
stalls at the Kentucky[State] Horse Park. 27 UNOFFICIAL COPY 23 RS HB 39/GA
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Section 7. KRS 148.320 is amended to read as follows: 1
(1) (a) All revenues derived by the commission from the use of properties and 2
facilities under its custody and control shall be used exclusively for the 3
purpose of defraying the expenses of the commission, the cost of the 4
management and operation of such properties and facilities, the payment of 5
interest and principal upon any indebtedness incurred by the commission for 6
such properties and facilities, the creation of adequate reserves for the repair 7
and replacement thereof and for the financing of further extensions, 8
improvements, and additions thereto. Included in the cost of operation may be 9
such promotional activities as the commission may determine upon as 10
calculated to stimulate and increase the use and the revenues of such facilities, 11
and to increase and stimulate the interest and usefulness of the 12
Kentucky[State] Horse Park. 13
(b) Any surplus revenues remaining after full provision for the purposes in 14
paragraph (a) of this subsection shall: 15
1. Be used to reduce the admission fees to the public for admittance to 16
the Kentucky Horse Park and for public use by the citizens of the 17
Commonwealth of the facilities, or reduce the annual appropriation by 18
the General Assembly to the Kentucky Horse Park; and 19
2. Not be appropriated to any other agency or function. 20
(2) The commission shall generally cause its funds to be deposited in the State 21
Treasurer's office to be withdrawn on appropriate vouchers approved by the 22
commission. 23
(3) An annual accounting of the funds of the commission shall be made by the Auditor 24
of Public Accounts and reported to the Governor for the benefit of the Governor 25
and the General Assembly. 26
(4) The commission may receive tax revenues from any governmental unit and 27 UNOFFICIAL COPY 23 RS HB 39/GA
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financial contributions from local governments, private persons, or foundations. 1
(5) The president of the Kentucky Horse Park may, in lieu of the secretary of the 2
Finance and Administration Cabinet, declare an emergency for purchasing 3
purposes. 4
Section 8. KRS 45A.095 is amended to read as follows: 5
(1) For purposes of this section: 6
(a) "Emergency condition" means a situation which creates a threat or impending 7
threat to public health, welfare, or safety such as may arise by reason of fires, 8
floods, tornadoes, other natural or man-caused disasters, epidemics, riots, 9
enemy attack, sabotage, explosion, power failure, energy shortages, 10
transportation emergencies, equipment failures, state or federal legislative 11
mandates, or similar events. The existence of the emergency condition creates 12
an immediate and serious need for services, construction, or items of tangible 13
personal property that cannot be met through normal procurement methods 14
and the lack of which would seriously threaten the functioning of government, 15
the preservation or protection of property, or the health or safety of any 16
person; and 17
(b) "Sole source" means a situation in which there is only one (1) known capable 18
supplier of a commodity or service, occasioned by the unique nature of the 19
requirement, the supplier, or market conditions. 20
(2) A contract may be made by noncompetitive negotiation only: 21
(a) For sole source purchases; 22
(b) When competition is not feasible, as determined by the purchasing officer in 23
writing prior to award, under administrative regulations promulgated by the 24
secretary of the Finance and Administration Cabinet or the governing boards 25
of universities operating under KRS Chapter 164A; 26
(c) When emergency conditions exist; or 27 UNOFFICIAL COPY 23 RS HB 39/GA
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(d) For sponsorships, naming rights, or other advertising or similar considerations 1
for which competition is not feasible. 2
(3) Insofar as it is practical, no fewer than three (3) suppliers shall be solicited to 3
submit written or oral quotations whenever it is determined that competitive sealed 4
bidding is not feasible. Award shall be made to the supplier offering the best value. 5
The names of the suppliers submitting quotations and the date and amount of each 6
quotation shall be placed in the procurement file and maintained as a public record. 7
(4) Competitive bids may not be required: 8
(a) For contractual services where no competition exists, such as telephone 9
service, electrical energy, and other public utility services; 10
(b) Where rates are fixed by law or ordinance; 11
(c) For library books; 12
(d) For commercial items that are purchased for resale; 13
(e) For interests in real property; 14
(f) For visiting speakers, professors, expert witnesses, and performing artists; 15
(g) For personal service contracts executed pursuant to KRS 45A.690 to 16
45A.725;[ and] 17
(h) For agricultural products in accordance with KRS 45A.645; and 18
(i) For contracts entered into by the president of the Kentucky Horse Park for 19
emergency purchases pursuant to subsection (5) of Section 7 of this Act. 20
(5) The chief procurement officer, the head of a using agency, or a person authorized in 21
writing as the designee of either officer may make or authorize others to make 22
emergency procurements when an emergency condition exists. 23
(6) The Finance and Administration Cabinet may negotiate directly for the purchase of 24
contractual services, supplies, materials, or equipment in bona fide emergencies 25
regardless of estimated costs. The existence of the emergency shall be fully 26
explained, in writing, by the head of the agency for which the purchase is to be 27 UNOFFICIAL COPY 23 RS HB 39/GA
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made. The explanation shall be approved by the secretary of the Finance and 1
Administration Cabinet and shall include the name of the vendor receiving the 2
contract along with any other price quotations and a written determination for 3
selection of the vendor receiving the contract. This information shall be filed with 4
the record of all such purchases and made available to the public. Where practical, 5
standard specifications shall be followed in making emergency purchases. In any 6
event, every effort should be made to effect a competitively established price for 7
purchases made by the state. 8
(7) Subsection (6) of this section shall not apply to emergency purchases made 9
pursuant to subsection (5) of Section 7 of this Act. 10