Wednesday, April 29, 2015

Const Duties of a Lt Gov of Ky (2015)

Here's 6 statewide Boards and 5 interstate boards Kentucky's Lieutenant Governors are supposed to attend per Kentucky's Constitution:

1- Vice Chairman of State Property and Buildings Commission (SPBC). SPBC issues majorly expensive revenue bonds to provide financing for capital construction projects and financing programs approved by the General Assembly.

2- Vice Chairman of Kentucky Turnpike Authority (KTA). The KTA's purpose is to construct, acquire, finance and operate major Kentucky road systems for the benefit of the traveling public. Tolls! William Justus Goebel wouldn't have heard this bullshit over 100 years ago. I won't stand for it today. We can build these roads in other ways. I'm 100% against toll roads.

3- Member of Kentucky Council for Agriculture. Big council about Kentucky's agriculture and Kentucky agricultural matters. The Council for Agriculture is chaired by Commissioner of Agriculture, who is now James Comer, and will soon to be, hopefully, Jamie Marie Logsdon? Spann.

4- Appoint 1 Member to the Public Officials Compensation Commission (POCC). Appoint one (1) member of the Public Officials' Compensation Commission as provided in KRS 64.742. This board probably has to do with how much public officials get paid. Would choose 1 morally and ethically exceptional person by a merit-based application process.

5- Member of the Kentucky Housing Corporation Board (KHCB). Kentucky Housing Corporation (KHC), the Kentucky state housing agency, was created by the 1972 Kentucky General Assembly to provide affordable housing opportunities. KHC is a self-supporting, public corporation.

6- Member of Kentucky Mining Advising Council. Kentucky Mining Advisory Council for the Interstate Mining Compact as provided by KRS 350.310 350.310 Mining Council -- Members -- Terms. (1) The "Mining Council," hereinafter called "the council," is hereby established in the office of the Governor. The council shall be the advisory body referred to in Article V(a) of the Interstate Mining Compact. No member of the council shall receive any compensation on account of his service thereon, but any such member shall be entitled to reimbursement for expenses actually incurred by him in connection with his possible service as the Governor's alternate on the Interstate Mining Commission. (2) The council shall be composed of eight (8) members: one (1) of whom shall be the Lieutenant Governor; three (3) of whom shall be representatives of mining industries; two (2) of whom shall be representatives of nongovernmental conservation interests; the commissioner for environmental protection and the secretary of the Energy and Environment Cabinet. (3) The members of the council representing mining industries and nongovernmental conservation interests shall be appointed by the Governor. The term of office of such members shall be for four (4) years concurrent with that of the Governor or until their successor has been qualified. Effective:July 15, 2010http://www.lrc.ky.gov/statutes/statute.aspx?id=32837

Interstate Boards

1- Southern Growth Policies Board The Southern Growth Policies Board as prescribed by KRS 147.585; The Southern Growth Policies Board is a think tank established in 1971 to support southern states economic development efforts and to improve the lives of all southerners. The Future of the South Reports have explored, globalization, entrepreneurship, leadership, innovation and in 2009, energy. The Southern Technology Council is part of Southern Growth. The Southern Growth Policies Agreement is an interstate compact among Alabama, Arkansas, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Virginia, and West Virginia. http://ballotpedia.org/Southern_Growth_Policies_Agreement

2- Breaks Interstate Park Commission The Breaks Interstate Park Commission as provided in KRS 148.225 Breaks Interstate Park is a bi-state state park located in southeastern Kentucky and southwestern Virginia in the Jefferson National Forest at the northeastern terminus of Pine Mountain. It is administered by the states of Virginia and Kentucky and is one of several interstate parks in the United States. The Breaks, also referred as the "Grand Canyon of the South," is the deepest gorge east of the Mississippi River,[4] through which the Russell Fork river and Clinchfield Railroad (now the CSX Transportation Kingsport Subdivision) run. It is accessed viaVirginia State Route 80, between Haysi, Virginia and Elkhorn City, Kentucky, and passes through the community of Breaks, Virginia east of the park. American frontiersman Daniel Boone is credited with being the first person of European descent to discover the Breaks, which he first saw in 1767. Breaks Interstate Park is located about 5 miles (8 km) east of Elkhorn City, Kentucky (Pike County). The park covers 4,500 acres (1,800 ha). The park's main feature, Breaks Canyon, is five miles long and ranges from 830 to 1,600 feet (250 to 490 m) deep. The canyon was formed by the Russell Fork river through millions of years of erosion.

3- Falls of the Ohio Interstate Park Commission The Falls of the Ohio Interstate Park Commission pursuant to KRS 148.242 148.241 Compact for Falls of the Ohio Interstate Park. The Falls of the Ohio Interstate Park Compact is hereby enacted into law and entered into by this state with the state of Indiana, in the form substantially as follows: FALLS OF THE OHIO INTERSTATE PARK COMPACT ARTICLE I. The State of Indiana and the Commonwealth of Kentucky agree to create, develop and operate an interstate park to be known as Falls of the Ohio Interstate Park, which shall be located along the Ohio River at the Falls of the Ohio and on adjacent areas in Clark and Floyd Counties, Indiana, and Jefferson County, Kentucky.

4- Tennessee-Tombigbee Waterway Development Board The Tennessee-Tombigbee Waterway Development Authority pursuant to KRS 182.305 http://tenntom.org/ The Tennessee–Tombigbee Waterway (popularly known as the Tenn-Tom) is a 234-mile (377-kilometer) man-made waterway that extends from the Tennessee River to the junction of the Black Warrior-Tombigbee River system near Demopolis, Alabama, United States. The Tennessee–Tombigbee Waterway links commercial navigation from the nation’s midsection to the Gulf of Mexico. The major features of the waterway are 10 locks and dams, a 175-foot (53 m) deep cut between the Tombigbee River watershed and the Tennessee River watershed, and 234 miles (377 km) of navigation channels. The ten locks are 9 by 110 by 600 feet (2.7 × 33.5 × 182.9 m) the same dimension as the locks on the Mississippi. Under construction for twelve years by the U.S. Army Corps of Engineers, the Tennessee–Tombigbee Waterway was completed in December 1984 at a total cost of nearly $2 billion. The Tenn-Tom encompasses 17 public ports and terminals, 110,000 acres (450 km2) of land, and another 88,000 acres (360 km2) managed by state conservation agencies for wildlife habitat preservation and recreational use. Although supported by southern Congressmen, the Tenn-Tom Waterway was widely criticized at its creation as an example of exorbitant "pork barrel" spending. However, in succeeding years it has become an example of government investment in infrastructure yielding economic benefits over time. http://en.wikipedia.org/wiki/Tennessee%E2%80%93Tombigbee_Waterway The Waterway was completed in 1984 and dedicated on June 1, 1985. The Waterway is the largest water resource project ever built in the U.S. and is an engineering marvel. https://www.facebook.com/tennesseetombigbeewaterwaydevelopmentauthority/info?tab=page_info 182.300 Tennessee-Tombigbee Waterway Development Compact. The Governor on behalf of the Commonwealth is authorized to execute a compact, in substantially the following form, with the other states that are parties to the compact; and the General Assembly, with the provision contained in KRS 182.310, signifies in advance its approval and ratification of the compact, which is as follows: ARTICLE I The purpose of this compact is to promote the development of a navigable waterway connecting the Tennessee and Tombigbee Rivers by way of the east fork of the Tombigbee River and Mackeys and Yellow Creeks so as to provide a nine (9) foot navigable channel from the junction of the Tombigbee and Warrior Rivers at Demopolis in the State of Alabama to the junction of Yellow Creek with the Tennessee River at Pickwick Pool in the State of Mississippi, and to establish a joint interstate authority to assist in these efforts.

5- Interstate Water Sanitation Control The Interstate Water Sanitation Control Commissions as prescribed by KRS 224.18-710; and 224.18-710 Interstate Water Sanitation Board. (1) A three (3) member Interstate Water Sanitation Board is established. The members of the board shall serve as Kentucky's members of interstate water sanitation control commissions created by compacts to which Kentucky is a party, which compacts are composed of states forming a river basin, and which compacts require a three (3) member representation from each state. The Governor shall appoint one (1) of the board members, who shall be a resident and citizen of this state. The member shall be appointed for a term of four (4) years, and shall hold office until his successor is appointed and qualified, subject to removal at the pleasure of the Governor. The Lieutenant Governor and the secretary of the Energy and Environment Cabinet shall, ex officio, be the second and third members of the board.




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NOTES
Vice Chairman of State Property & Buildings Commission, meaning I'm only entitled to power bequested upon me by the Chair... so I don't set the agenda, and I am probably a voting member.

  1. The State Property and Buildings Commission is reconstituted as of October 1, 1976, with the powers herein provided. Effective:June 25, 2009

the Governor, who shall be chairman thereof, the Lieutenant Governor who shall be vice chairman of the commission, the Attorney General, the secretary of the Cabinet for Economic Development, the executive director of the Office of the Controller, the state budget director, and the secretary of the Finance and Administration Cabinet, or their alternates as authorized in subsection (5) of this section.


Finance and Administration Cabinet
State Property and Buildings Commission

Press Release Date:

Tuesday, August 13, 2013

Contact Information:
Pamela Trautner
(502) 564-4240
pamela.trautner@ky.gov

State Property and Buildings Commission
1 p.m., Aug. 14, 2013
Room 182, Capitol Annex, Frankfort

1. Call to Order
A. Quorum
B. Notification of Press

2. Approval of minutes from July 12, 2013

3. Kentucky Economic Development Finance Authority (KEDFA) Bond Grant
A Resolution of the State Property and Buildings Commission of the Commonwealth of Kentucky approving the application of the Secretary of the Cabinet for Economic Development to identify and specify certain Economic Development projects to be financed from the proceeds of Economic Development Revenue Bonds to be issued by the Commission to make a grant to the Boyle County Fiscal Court for the benefit of Corning Incorporated (Corning) for $500,000. (Resolution 2013-20)

4. Kentucky Economic Development Finance Authority (KEDFA) Bond Grant

A Resolution of the State Property and Buildings Commission of the Commonwealth of Kentucky approving the application of the Secretary of the Cabinet for Economic Development to identify and specify certain Economic Development projects to be financed from the proceeds of Economic Development Revenue Bonds to be issued by the Commission to make a grant to the City of Russell Springs for the benefit of Dr. Schneider Automotive Systems, Inc. (Dr. Schneider) for $500,000. (Resolution 2013-21)

5. Morehead State University General Receipts Bonds, 2013 Series A

Resolution of the State Property and Buildings Commission of the Commonwealth of Kentucky approving the issuance of Morehead State University General Receipts Bonds, 2013 Series A.
(Resolution 2013-22)

6. Kentucky Housing Corporations (Centre Meadows Project)

A Resolution of the State Property and Buildings Commission of the Commonwealth of Kentucky approving the issuance by the Kentucky Housing Corporation of its Tax-Exempt Multifamily Housing Revenue Bonds in one or more series in an aggregate principal amount not to exceed $16,000,000. (Resolution 2013-23)

7. Other Business

8. Adjournment

Issue revenue bonds to provide financing for capital construction projects and financing programs approved by the General Assembly.

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The Kentucky Turnpike was a thirty-nine mile highway between Elizabethtown and the Watterson Expressway. Ground was broken on the turnpike on July 25, 1954 and it opened to traffic on August 1, 1956. The turnpike was financed with bonds, and the bonds were repaid through tolls. Tolls were lifted on June 30, 1975—nineteen years ahead of schedule. In 1975, the turnpike became part of Interstate 65 which already connected to the northern and southern termini of the highway

Kentucky Turnpike Authority

Governor (Chairman)
Lieutenant Governor
Secretary of Finance and Administration Cabinet
Secretary of Cabinet for Economic Development
Secretary of the Transportation Cabinet
Attorney General
State Highway Engineer

To construct, acquire, finance and operate road systems for the benefit of the traveling public. http://finance.ky.gov/services/ofm/Pages/TurnpikeAuthority.aspx

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Kentucky Council of Agriculture

247.417 Members of council -- Officers -- Compensation -- Meetings -- Quorum. (1) The membership of the council shall consist of the Lieutenant Governor, the Commissioner of Agriculture, the secretary of the Cabinet for Economic Development, and eighteen (18) citizen members, a majority of whom shall be full-time farmers, appointed by the Commissioner of Agriculture. Two (2) members shall be appointed from each Supreme Court district and four (4) from the state at large. All members shall serve at the Commissioner's will during his incumbency, and until each member's successor is appointed. (2) The Commissioner of Agriculture shall serve as chairman of the council. The council may elect by majority vote a vice chairman and such officers of the council as may be deemed necessary. (3) Citizen members of the council shall receive a compensation of fifty dollars ($50) per day for each day of attendance at meetings of the council, and shall be reimbursed by the Commissioner's Office for necessary and actual expenses in accordance with the provisions of KRS Chapters 44 and 45. (4) The council shall meet at the call of the chairman, but not less often than four (4) times during each calendar year. A majority of the members appointed to the council shall constitute a quorum. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 235, sec. 7, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 404, sec. 36, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 396, sec. 52, effective July 15, 1982; and ch. 447, sec. 18, effective April 12, 1982. -- Amended 1978 Ky. Acts ch. 154, sec. 29, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 299, sec. 52. -- Amended 1972 Ky. Acts ch. 53, sec. 3. -- Created 1966 Ky. Acts ch. 87, sec. 4(3).


Contact us by email Warren.Beeler@ky.gov

2013 Chairman
Dr. Tony Brannon
Murray State University,
Hutson School of Agriculture

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Turnpike Authority; to build superhighways, Interstates, Intercities, like THE Kentucky Turnpike, which took 21 years of tolls to pay off. Tolls! William Justus Goebel wouldn't have heard this bullshit over 100 years ago. I won't stand for it today. We can build these roads in other ways. I'm 100% against toll roads. Toll roads are the devil... and it's double taxation without representation, folks will be backed up for miles, there's already traffic jams, if anything, we need bigger and wider roads, and maybe a big parking lot for all the cars, and have superfast mass transit in the cities. Just spit ball'n ideas here.

175.450 General powers of authority as to turnpike projects. The authority is hereby authorized and empowered: (1) To construct, reconstruct, maintain, repair, operate, and regulate turnpike projects at such locations within the Commonwealth as may be determined by the authority and the department and provided for in an agreement or agreements; (2) To acquire sites abutting on any turnpike project, as a part of such project, and to construct or contract for the construction of buildings and appurtenances for service stations, garages, restaurants and other services and to lease the same to parties other than the department for any of such purposes (or, if leases to such parties cannot be made on acceptable terms, to operate or to lease to the department any or all of the same) in such manner and under such terms as may be provided in an agreement; (3) To issue turnpike revenue bonds of the authority payable solely from the tolls, revenues, rentals and other funds pledged for their payment, for the purpose of paying all or any part of the cost of any one or more turnpike projects, and to refund any of its bonds; (4) To fix and revise from time to time and charge and collect tolls for transit over each turnpike project constructed by it, except to the extent that such powers are surrendered to the department pursuant to a lease; (5) To combine for financing purposes any two (2) or more turnpike projects; (6) To lease as lessor any turnpike project or projects to the department as lessee, pursuant to the terms and provisions of a lease; (7) To establish and enforce rules and regulations for the use of any turnpike project, except during any period when such powers are provided to be exercised by the department pursuant to a lease; (8) Without reference to KRS Chapter 56, to acquire and hold in the name of the authority real and personal property in the exercise of its powers and the performance of its functions and duties under this chapter, and to dispose of the same, with the approval of the department; (9) To designate the locations and establish, limit and control such points of ingress to and egress from each turnpike project as the authority and the department may determine to be necessary or desirable to insure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated; (10) To make and enter into such contracts and agreements with the department and other parties as may be necessary or incidental to the performance of its duties and the execution of its powers under this chapter; (11) To employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in the judgment of the authority, and to fix their compensation; (12) To receive and accept from the Commonwealth, the department, and any federal agency, grants for or in aid of the construction of any turnpike project, and to receive and accept aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made; (13) To expend any funds provided under the authority of this chapter in advertising the facilities and services of a turnpike project or projects to the traveling public; and (14) To do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter. Effective:March 25, 1960 History: Created 1960 Ky. Acts ch. 173, sec. 5, effective March 25, 1960

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appoint one (1) member of the Public Officials' Compensation Commission as provided in KRS 64.742

64.742 Public Officials Compensation Commission. There is established a commission to be known as the Public Officials Compensation Commission consisting of five (5) members as follows: one (1) shall be appointed by the Governor, one (1) shall be appointed by the Lieutenant Governor, one (1) shall be appointed by the Speaker of the House of Representatives, one (1) shall be appointed by the President of the Senate, and one (1) shall be appointed by the Chief Justice of the Supreme Court. All appointments shall be for terms not to exceed four (4) years, except that the initial terms shall be for a period of three (3) years. No member shall be eligible for election or appointment to public office for the duration of his appointive term. Effective:July 15, 1994 History: Amended 1994 Ky. Acts ch. 486, sec. 22, effective July 15, 1994. -- Created 1976 Ky. Acts ch. 83, sec. 2, effective March 29, 1976.

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http://www.lrc.ky.gov/lrcpubs/rm465.pdf To serve as a member of the Board of the Kentucky Housing Corporation in accordance with KRS 198A.030;

198A.030 Kentucky Housing Corporation established -- Board of directors -- Officers of corporation and duties. (1) There is hereby created and established an independent, de jure municipal corporation and political subdivision of the Commonwealth which shall be a public body corporate and politic to be known as the Kentucky Housing Corporation. (2) The Kentucky Housing Corporation is created and established as a de jure municipal corporation and political subdivision of the Commonwealth to perform essential governmental and public functions and purposes in improving and otherwise promoting the health and general welfare of the people by the production of residential housing in Kentucky. (3) The corporation shall be governed by a board of directors, consisting of fifteen (15) members, five (5) of whom shall be the Lieutenant Governor, the secretary of the Finance and Administration Cabinet, the commissioner of the Department for Local Government, the Attorney General, and the secretary of the Cabinet for Economic Development, or their duly appointed designees, as public directors, and ten (10) private directors who shall be appointed by the Governor, subject to confirmation by the Senate as provided by KRS 11.160, as follows: (a) One (1) private director representing the interests of financial lending institutions located within the Commonwealth; (b) One (1) private director representing the interests of the manufactured housing industry within the Commonwealth; (c) One (1) private director representing the interests of real estate practitioners licensed by the Kentucky Real Estate Commission; (d) One (1) private director representing the interests of the homeless population within the Commonwealth; (e) One (1) private director representing the interests of local government; (f) One (1) private director representing the interests of the home construction industry in the Commonwealth; (g) One (1) private director representing the interests of consumers in the Commonwealth; (h) One (1) private director representing the interests of the Kentucky State Building Trades Council; (i) One (1) director representing the interests of nonprofit housing organizations located within the Commonwealth; and (j) One (1) director having significant professional experience in auditing, financial accounting, municipal bond financing, or investment banking. (4) Private directors appointed by the Governor may include previous members of the board, and members may be reappointed for successive terms. All appointments shall be for four (4) years, and the appointees shall serve until a qualified successor is appointed. (5) In case of a vacancy, the Governor may appoint a person for the vacancy to hold office during the remainder of the term. A vacancy shall be filled in accordance with the requirement and procedures for appointments. (6) The Governor may remove any private director whom he may appoint in case of incompetency, neglect of duty, gross immorality, or malfeasance in office, and he may declare his office vacant and may appoint a person for the vacancy as provided in this section. (7) The Governor shall designate a director of the corporation to serve as chairman. The term of the chairman shall extend to the earlier of either the date of expiration of his then current term as a director of the corporation or a date six (6) months after the expiration of the then current term of the Governor designating the chairman. (8) The board of directors shall annually elect one (1) of its members as vice chairman. The board of directors shall also elect or appoint, and prescribe the duties of, other officers the board of directors deems necessary or advisable, including an executive director and a secretary, and the board of directors shall fix the compensation of the officers. (9) The executive director shall administer, manage, and direct the affairs and business of the corporation, subject to the policies, control, and direction of the board of directors of the corporation. The secretary of the corporation shall keep a record of the proceedings of the corporation and shall be custodian of all books, documents, and papers filed with the corporation, the minute book or journal of the corporation, and its official seal. The secretary shall have authority to cause copies to be made of all minutes and other records and documents of the corporation and to give certificates under the official seal of the corporation to the effect that copies are true copies, and all persons dealing with the corporation may rely upon the certificates. (10) A majority of the board of directors of the corporation shall constitute a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. A majority shall be determined by excluding any existing vacancies from the total number of directors. (11) Action shall be taken by the corporation upon a vote of a majority of the directors present at a meeting at which a quorum shall exist called upon three (3) days' written notice to each director or upon the concurrence of at least eight (8) directors. (12) Each private director shall be entitled to a fee of one hundred dollars ($100) for attendance at each meeting of the board of directors or duly called committee meeting of the board. Effective:July 15, 2010 History: Amended 2010 Ky. Acts ch. 117, sec. 82, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 12, sec. 46, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 47, sec. 86, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 85, sec. 620, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 69, sec. 69, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 289, sec. 1, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 339, sec. 3, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 182, sec. 2, effective July 15, 1982; and ch. 396, sec. 49, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 141, sec. 6, effective July 15, 1980; and ch. 295, sec. 46, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 154, sec. 16, effective June 17, 1978; ch. 155, sec. 121, effective June 17, 1978; ch. 220, sec. 3, effective June 17, 1980; and ch. 384, sec. 571, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 200, sec. 13; and ch. 210, sec. 6. -- Amended 1974 Ky. Acts ch. 257, sec. 7;

1084 KY-7, West Liberty, KY 41472



Kentucky Housing Corporation (KHC), the Kentucky state housing agency, was created by the 1972 Kentucky General Assembly to provide affordable housing opportunities. KHC is a self-supporting, public corporation.

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The Southern Growth Policies Board as prescribed by KRS 147.585;

147.585 Lieutenant Governor to be member of board. One (1) of the two (2) members of the Southern Growth Policies Board appointed by the Governor pursuant to paragraph 2(c) of Article II of the compact set forth in KRS 147.580 shall be the Lieutenant Governor. Effective:July 15, 1980 History: Created 1980 Ky. Acts ch. 141, sec. 9, effective July 15, 1980.

100 Capitola Dr # 100, Durham, NC 27713
(919) 941-5145

The Southern Growth Policies Board is a think tank established in 1971 to support southern states economic development efforts and to improve the lives of all southerners. The Future of the South Reports have explored, globalization, entrepreneurship, leadership, innovation and in 2009, energy. The Southern Technology Council is part of Southern Growth.

The Southern Growth Policies Agreement is an interstate compact among Alabama, Arkansas, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Virginia, and West Virginia. http://ballotpedia.org/Southern_Growth_Policies_Agreement

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The Breaks Interstate Park Commission as provided in KRS 148.225

148.225 Lieutenant Governor to be member of board. One (1) of the four (4) members of the Breaks Interstate Park Commission appointed by the Governor pursuant to Article II of the compact set forth in KRS 148.220 shall be the Lieutenant Governor. Effective:July 15, 1994. History: Amended 1994 Ky. Acts ch. 22, sec. 2, effective July 15, 1994. -- Created 1980 Ky. Acts ch. 141, sec. 10, effective July 15, 1980. Legislative Research Commission Note (8/16/95). The Commonwealth of Virginia approved changes in the Breaks Interstate Park Compact that were substantially the same as those adopted in 1994 Ky. Acts ch. 22. See Virginia Acts of Assembly, 1994 Session, Chapter 622 (approved April 10, 1994, effective upon approval of same amendments by the Commonwealth of Kentucky). Thus, pursuant to 1994 Ky. Acts ch. 22, sec. 3, the 1994 amendment of this statute became effective July 15, 1994, the normal effective date for legislation enacted during the 1994 Regular Session of the Kentucky General Assembly.




Breaks Interstate Park is a bi-state state park located in southeastern Kentucky and southwestern Virginia in the Jefferson National Forest at the northeastern terminus of Pine Mountain. It is administered by the states of Virginia[2] and Kentucky[3] and is one of several interstate parks in the United States.

The Breaks, also referred as the "Grand Canyon of the South," is the deepest gorge east of the Mississippi River,[4] through which the Russell Fork river and Clinchfield Railroad (now the CSX Transportation Kingsport Subdivision) run. It is accessed viaVirginia State Route 80, between Haysi, Virginia and Elkhorn City, Kentucky, and passes through the community of Breaks, Virginia east of the park.

American frontiersman Daniel Boone is credited with being the first person of European descent to discover the Breaks, which he first saw in 1767

Breaks Interstate Park is located about 5 miles (8 km) east of Elkhorn City, Kentucky (Pike County). The park covers 4,500 acres (1,800 ha). The park's main feature, Breaks Canyon, is five miles long and ranges from 830 to 1,600 feet (250 to 490 m) deep. The canyon was formed by the Russell Fork river through millions of years of erosion.

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The Falls of the Ohio Interstate Park Commission pursuant to KRS 148.242

148.241 Compact for Falls of the Ohio Interstate Park. The Falls of the Ohio Interstate Park Compact is hereby enacted into law and entered into by this state with the state of Indiana, in the form substantially as follows: FALLS OF THE OHIO INTERSTATE PARK COMPACT ARTICLE I. The State of Indiana and the Commonwealth of Kentucky agree to create, develop and operate an interstate park to be known as Falls of the Ohio Interstate Park, which shall be located along the Ohio River at the Falls of the Ohio and on adjacent areas in Clark and Floyd Counties, Indiana, and Jefferson County, Kentucky. Said park shall be of such area and of such character as may be determined by the commission created by this compact. ARTICLE II. There is hereby created The Falls of the Ohio Interstate Park Commission, which shall be a body corporate with the powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the appropriate authorities of Indiana and Kentucky. The commission shall consist of three commissioners from each of the two states, each of whom shall be a citizen of the state he shall represent. Members of the commission shall be appointed by the Governor. Vacancies shall be filled by the Governor for the unexpired term. The term of one of the first commissioners appointed shall be for two years, the term of another for three years, and the term of the third for four years. Their successors shall be appointed for terms of four years each. Each commissioner shall hold office until his successor is appointed and qualified. An officer or employee of the state, a political subdivision or the United States government may be appointed a commissioner under this compact. ARTICLE III. The commission created herein shall be a joint corporate instrumentality of both the State of Indiana and the Commonwealth of Kentucky for the purpose of effecting the objects of this compact, and shall be deemed to be performing governmental functions of the two states in the performance of its duties hereunder. The commission shall have power to sue and be sued, to contract and be contracted with, to use a common seal and to make and adopt suitable bylaws, rules and regulations. The commission shall have the authority to acquire by gift, purchase or otherwise real estate and other property, and to dispose of such real estate and other property. Each state agrees that it will exercise the right of eminent domain to acquire property located within each state required by the commission to effectuate the purposes of this compact. ARTICLE IV. The commission shall select from among its members a chairman and a vice chairman, and may select from among its members a secretary and treasurer or may designate other persons to fill these positions. It may appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert and other assistants and employees as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensation. It may establish and maintain one or more offices for the transaction of its business, and may meet at any time or place. A majority of the commissioners present shall constitute a quorum for the transaction of business. The commissioners shall serve without compensation, but shall be paid their expenses incurred in and incident to the performance of their duties. They shall take the oath of office required of officers of their respective states. ARTICLE V. Each state agrees that the officers and departments of each will be authorized to do all things falling within their respective jurisdictions necessary or incidental to the carrying out of the compact in every particular. The commission shall be entitled to the services of any state officer or agency in the same manner as any other department or agency of this state. The commission shall keep accurate records, showing in full its receipts and disbursements, and said records shall be open at any reasonable time to the inspection of such representative of the two states as may be duly constituted for that purpose. The commission shall submit annually and at other times as required such reports as may be required by the laws of each state or by the Governor thereof. ARTICLE VI. The cost of acquiring land and other property required in the development and operation of the Falls of the Ohio Interstate Park and constructing, maintaining and operating improvements and facilities therein and equipping same may be defrayed by funds received from appropriations, gifts, the use of money received as fees or charges for the use of said park and facilities, or by the issuance of revenue bonds, or by a combination of such sources of funds. The commission may charge for admission to said park, or make other charges deemed appropriate by it and shall have the use of funds so received for park purposes. The commission is authorized to issue revenue bonds, which shall not be obligations of either state, pursuant to procedures which shall be in substantial compliance with the provisions of laws of either or both states governing the issuance of revenue bonds by governmental agencies. ARTICLE VII. All money, securities and other property, real and personal, received by way of gift or otherwise or revenue received from its operations may be retained by the commission and used for the development, maintenance and operation of the park or for other park purposes. The commission shall not pledge the credit of either state except by and with the authority of the General Assembly thereof. ARTICLE VIII. This compact may be amended from time to time by the concurrent action of the two states parties hereto. The compact approved herein shall become effective upon ratification and approval of the compact by the General Assembly of the State of Indiana and upon approval of this compact by the Congress of the United States. History: Created 1968 Ky. Acts ch. 8, sec. 1. http://www.lrc.ky.gov/statutes/statute.aspx?id=1733

148.242 Lieutenant Governor to be member of board. One (1) of the three (3) members of the Falls of the Ohio Interstate Park Commission appointed by the Governor pursuant to Article II of the compact set forth in KRS 148.241 shall be the Lieutenant Governor. Effective:July 15, 1980 History: Created 1980 Ky. Acts ch. 141, sec. 10, effective July 15, 1980 http://www.lrc.ky.gov/Statutes/statute.aspx?id=1734

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The Tennessee-Tombigbee Waterway Development Authority pursuant to KRS 182.305


The Tennessee–Tombigbee Waterway (popularly known as the Tenn-Tom) is a 234-mile (377-kilometer) man-made waterway that extends from the Tennessee River to the junction of the Black Warrior-Tombigbee River system near Demopolis, Alabama, United States. The Tennessee–Tombigbee Waterway links commercial navigation from the nation’s midsection to the Gulf of Mexico. The major features of the waterway are 10 locks and dams, a 175-foot (53 m) deep cut between the Tombigbee River watershed and the Tennessee River watershed, and 234 miles (377 km) of navigation channels.[1] The ten locks are 9 by 110 by 600 feet (2.7 × 33.5 × 182.9 m) the same dimension as the locks on the Mississippi.[2][3] Under construction for twelve years by the U.S. Army Corps of Engineers, the Tennessee–Tombigbee Waterway was completed in December 1984 at a total cost of nearly $2 billion.[4] The Tenn-Tom encompasses 17 public ports and terminals, 110,000 acres (450 km2) of land, and another 88,000 acres (360 km2) managed by state conservation agencies for wildlife habitat preservation and recreational use. Although supported by southern Congressmen, the Tenn-Tom Waterway was widely criticized at its creation as an example of exorbitant "pork barrel" spending. However, in succeeding years it has become an example of government investment in infrastructure yielding economic benefits over time. http://en.wikipedia.org/wiki/Tennessee%E2%80%93Tombigbee_Waterway

The Waterway was completed in 1984 and dedicated on June 1, 1985. The Waterway is the largest water resource project ever built in the U.S. and is an engineering marvel. https://www.facebook.com/tennesseetombigbeewaterwaydevelopmentauthority/info?tab=page_info

182.300 Tennessee-Tombigbee Waterway Development Compact. The Governor on behalf of the Commonwealth is authorized to execute a compact, in substantially the following form, with the other states that are parties to the compact; and the General Assembly, with the provision contained in KRS 182.310, signifies in advance its approval and ratification of the compact, which is as follows: ARTICLE I The purpose of this compact is to promote the development of a navigable waterway connecting the Tennessee and Tombigbee Rivers by way of the east fork of the Tombigbee River and Mackeys and Yellow Creeks so as to provide a nine (9) foot navigable channel from the junction of the Tombigbee and Warrior Rivers at Demopolis in the State of Alabama to the junction of Yellow Creek with the Tennessee River at Pickwick Pool in the State of Mississippi, and to establish a joint interstate authority to assist in these efforts. ARTICLE II This compact shall become effective immediately as to the states ratifying it whenever the States of Alabama and Mississippi have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states. ARTICLE III The states which are parties to this compact (hereinafter referred to as "party states") do hereby establish and create a joint agency which shall be known as the Tennessee-Tombigbee Waterway Development Authority (hereinafter referred to as the "authority"). The membership of which authority shall consist of the Governor of each party state and five (5) other citizens of each party state, to be appointed by the Governor thereof. Each appointive member of the authority shall be a citizen of that state who is interested in the promotion and development of waterways and water transportation. The appointive members of the authority shall serve for terms of four (4) years each. Vacancies on the authority shall be filled by appointment by the Governor for the unexpired portion of the term. The members of the authority shall not be compensated, but each shall be entitled to actual expenses incurred in attending meetings, or incurred otherwise in the performance of his duties as a member of the authority. The members of the authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe. The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business, and shall furnish a copy thereof to each member of the authority. It shall be the duty of the authority, in general, to promote, encourage, and coordinate the efforts of the party states to secure the development of the Tennessee-Tombigbee Waterway. Toward this end, the authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits, and other matters associated with the development of the Tennessee-Tombigbee Waterway, and to make reports thereon; to acquire, by gift or otherwise, and hold and dispose of such money and property as may be provided for the proper performance of their function; to cooperate with other public or private groups, whether local, state, regional, or national, having an interest in waterways development; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the development of the Tennessee-Tombigbee Waterway and to carry out the purposes of this compact. ARTICLE IV The authority shall appoint a secretary, who shall be a person familiar with the nature, procedures, and significance of inland waterways development and the informational, educational, and publicity methods of stimulating general interest in such developments, and who shall be the compact administrator. His term of office shall be at the pleasure of the authority and he shall receive such compensation as the authority shall prescribe. He shall maintain custody of the authority's books, records, and papers, which he shall keep at the office of the authority, and he shall perform all functions and duties, and exercise all powers and authorities, that may be delegated to him by the authority. ARTICLE V Each party state agrees that, when authorized by its legislature, it will from time to time make available and pay over to the authority such funds as may be required for the establishment and operation of the authority. The contribution of each party state shall be in the proportion that its population bears to the total population of the states which are parties hereto, as shown by the most recent official report of the United States Bureau of the Census, or upon such other basis as may be agreed upon. ARTICLE VI Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other waterway project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state. ARTICLE VII This compact shall continue in force and remain binding upon each party state until the legislature or Governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the legislature or Governor. Notice of such action shall be given to the other party state or states by the Secretary of State of the party state which takes such action. History: Created 1962 Ky. Acts ch. 265, sec. 1. http://www.lrc.ky.gov/Statutes/statute.aspx?id=5703

Strong opposition from key members of the Congress from other regions of the nation and from the railroad industry prevented any further development of the waterway until 1968 when President Johnson first budgeted funds to start the project’s engineering and design. It is said that President Kennedy had agreed to endorse the Tenn-Tom and had scheduled a meeting with the waterway’s congressional leaders to formally announce his support for its construction but the meeting never occurred because of his tragic and untimely death. As part of his “Southern Strategy” for reelection, President Nixon included $1 million in the Corps of Engineers’ 1971 budget to start construction of the Tenn-Tom. On May 25, 1971, the President traveled to Mobile, Alabama, to participate with then Governor George Wallace and other elected officials from five states to symbolically start construction of the long awaited Tennessee -Tombigbee. However, the actual start of construction was delayed until December 1972 because of a lawsuit filed against the waterway by a small group of environmentalists. The federal courts eventually ruled in favor of the project. A second lawsuit was filed by L&N Railroad (now CSX) and the Environmental Defense Fund of New York in November 1976 to stop construction of the waterway. The plaintiffs alleged that the Corps had violated the National Environmental Policy Act in designing and building the project and had abused its discretionary authorities in altering the project. This litigation lasted for some 7 years but the federal courts again ruled in favor of the project. Immediately after assuming office, President Jimmy Carter announced plans to terminate funding for 19 water resource projects and to study terminating 13 more, including the Tenn-Tom. Over 6500 waterway supporters attended a public hearing held in Columbus, Mississippi on March 29, 1977 as part of Carter’s review of the waterway. This overwhelming outpouring of public support for the project led to the President withdrawing his opposition. Later the Carter Administration selected the Tennessee-Tombigbee as a national demonstration program of how large public works projects can favorably impact rural America. During its long history, no President has ever opposed the Tenn-Tom.
After 12 years of construction at a total cost of nearly $2 billion, the Tennessee-Tombigbee Waterway was completed on December 12, 1984. The last plug of earth was removed from the waterway channel at Amory, Mississippi, allowing the long awaited mixing of the waters of the Tombigbee with that of the Tennessee River. The Tenn-Tom officially opened to commerce on January 10, 1985 when the Towboat,Eddie Waxler, transporting nearly 2.7 million gallons of petroleum products, made its maiden voyage on the waterway. A lottery was held to select the first commercial tow to transit the waterway.
The dedication of the completion of the waterway was held on June 1, 1985. Record hot temperatures did not deter some 100,000 people, including many Members of Congress, Governors, and other elected officials, from attending ceremonies in Columbus, Mississippi and Mobile, Alabama that day. During the previous week, numerous other celebrations were held throughout the four-state waterway corridor from as far away as Paducah, Ky and Gunterville, AL. One newspaper reporter observed that such public exuberance that had been displayed at the Tenn-Tom events had not occurred in this region since those celebrations held at the end of World War II.

  1. The Interstate Water Sanitation Control Commissions as prescribed by KRS 224.18-710; and

224.18-710 Interstate Water Sanitation Board. (1) A three (3) member Interstate Water Sanitation Board is established. The members of the board shall serve as Kentucky's members of interstate water sanitation control commissions created by compacts to which Kentucky is a party, which compacts are composed of states forming a river basin, and which compacts require a three (3) member representation from each state. The Governor shall appoint one (1) of the board members, who shall be a resident and citizen of this state. The member shall be appointed for a term of four (4) years, and shall hold office until his successor is appointed and qualified, subject to removal at the pleasure of the Governor. The Lieutenant Governor and the secretary of the Energy and Environment Cabinet shall, ex officio, be the second and third members of the board. Except as otherwise provided by the respective compacts, an ex officio member may delegate to any deputy or other subordinate in his cabinet the power to be present and participate, including the right to vote, as his representative or substitute at any meeting, hearing or other proceeding of the commissions. (2) The membership of the first Interstate Water Sanitation Board shall be composed of the membership of the Ohio River Valley Water Sanitation Commission existing on June 19, 1958, and the terms of the appointed members shall be effective from the date of their appointment to the Ohio River Valley Water Sanitation Commission. Effective:July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 361, effective July 15, 2010. -- Amended 1980 Ky. Acts ch. 141, sec. 12, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. III, secs. 1 and 13(2), effective June 21, 1974. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 47, effective January 1, 1973. -- Amended 1958 Ky. Acts ch. 44, sec. 2, effective June 19, 1958. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4286b-2. Formerly codified as KRS 224.205, and also previously codified as KRS 220.560 http://www.lrc.ky.gov/Statutes/statute.aspx?id=10343

224.18-715 Powers of commissions -- Duties of state agencies. The interstate water sanitation control commissions created by compacts to which Kentucky is a party, which compacts are composed of states forming a river basin, shall have all the powers provided for in the respective compacts, and all the powers necessary or incidental to the carrying out of the compacts in every particular. All officers of this state shall do all things falling within their respective provinces and jurisdictions necessary or incidental to the carrying out of the compacts in every particular, it being the policy of this state to perform and carry out the compacts and to accomplish the purposes thereof. All officers, departments, cabinets and persons of and in the state government or administration of this state shall at convenient times and upon request of the respective commissions furnish the commissions with information and data possessed by them and aid the commissions by loan of personnel or other means lying within their legal powers respectively. The courts of general jurisdiction of this state shall have the jurisdiction specified in the enforcement articles of the compacts, and the Attorney General or any other law-enforcing officer of this state shall have the power to institute any action for the enforcement of the orders of the commissions. Any powers granted to the commissions by this section shall be regarded as in aid of and supplemental to and not as a limitation upon any of the powers vested in the commissions by other laws of this state or by the laws of any of the states party to any of the compacts, or by Congress, or by the terms of the compacts. Effective:June 19, 1958 History: Amended by implication 1958 Ky. Acts ch. 44, sec. 3, effective June 19, 1958. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4286b-3, 4286b-4. Formerly codified as KRS 224.210, and also previously codified as 220.570.

  1. The Kentucky Mining Advisory Council for the Interstate Mining Compact as provided by KRS 350.310


350.310 Mining Council -- Members -- Terms. (1) The "Mining Council," hereinafter called "the council," is hereby established in the office of the Governor. The council shall be the advisory body referred to in Article V(a) of the Interstate Mining Compact. No member of the council shall receive any compensation on account of his service thereon, but any such member shall be entitled to reimbursement for expenses actually incurred by him in connection with his possible service as the Governor's alternate on the Interstate Mining Commission. (2) The council shall be composed of eight (8) members: one (1) of whom shall be the Lieutenant Governor; three (3) of whom shall be representatives of mining industries; two (2) of whom shall be representatives of nongovernmental conservation interests; the commissioner for environmental protection and the secretary of the Energy and Environment Cabinet. (3) The members of the council representing mining industries and nongovernmental conservation interests shall be appointed by the Governor. The term of office of such members shall be for four (4) years concurrent with that of the Governor or until their successor has been qualified. Effective:July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1886, effective July 15, 2010. -- Amended 1980 Ky. Acts ch. 141, sec. 13, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(7). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 79. -- Created 1966 Ky. Acts ch. 4, sec. 30. http://www.lrc.ky.gov/statutes/statute.aspx?id=32837

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