AN ACT relating to postsecondary education.

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AN ACT relating to postsecondary education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 164.001 is amended to read as follows: 3
As used in this chapter, unless the context requires otherwise: 4
(1) "Administrator" means the chief executive officer of the institution; 5
(2) "Adult basic education" means ins truction in mathematics, science, social studies, 6
reading, language arts, and related areas to enable individuals to better function in 7
society; 8
(3) "Benchmarks" means objective measures developed where applicable or practical 9
by the Council on Postsecondary Education to judge the performance of the 10
postsecondary education system and progress toward the goals of postsecondary 11
education in the Commonwealth[as stated in KRS 164.003(2]); 12
(4) "Board" or "governing board" means the board of trustees for the University of 13
Kentucky or the University of Louisville, the board of regents for a comprehensive 14
university, or the board of regents for the Kentucky Com munity and Technical 15
College System; 16
(5) "Board of regents" means the governing board of each comprehensive university 17
and the Kentucky Community and Technical College System; 18
(6) ["Committee" means the Strategic Committee on Postsecondary Education create d 19
in KRS 164.004; 20
(7) ]"Comprehensive university" means the following public institutions: Eastern 21
Kentucky University, Kentucky State University, Morehead State University, 22
Murray State University, Northern Kentucky University, and Western Kentucky 23
University; 24
(7)[(8)] "Council" means the Council on Postsecondary Education created in KRS 25
164.011; 26
(8)[(9)] "Customized training" means training in specific academic areas, work 27
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processes, or technical skills that are designed to serve a specific industry or 1
industries to upgrade worker skills; 2
(9)[(10) "Goals" means the six (6) goals specified in KRS 164.003(2); 3
(11)] "Independent institution" means a nonpublic postsecondary education institution in 4
Kentucky whose instruction is not solely sectarian in nature, is accredited by a 5
regional accrediting association recognized by the United States Department of 6
Education, and is licensed by the Council on Postsecondary Education; 7
(10)[(12)] "Institution" means a university, college, community college, health 8
technology center, vocational-technical school, technical institute, technical college, 9
technology center, or the Kentucky Community and Technical College System; 10
(11)[(13)] "Kentucky Community and Technical College System" means the system 11
composed of public comm unity and technical colleges, including those 12
postsecondary institutions operated by the former Cabinet for Workforce 13
Development and those community colleges in the University of Kentucky 14
Community College System on May 30, 1997. 15
The system also includes institutions created by the board of regents for the 16
Kentucky Community and Technical College System and approved by the General 17
Assembly; 18
(12)[(14)] "Literacy" means an individual's ability to read, write, and speak in English 19
and compute and solve probl ems at levels of proficiency necessary to function on 20
the job and in society to achieve one's goals and develop one's knowledge and 21
potential; 22
(13)[(15)] "Lower division academic course" means any academic course offered for 23
college or university credit th at is designated as a freshman or sophomore level 24
academic course; 25
(14)[(16)] "Nonteaching personnel" means any employee who is a full -time staff 26
member, excluding a president, chancellor, vice president, academic dean, 27
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academic department chair, or administrator; 1
(15)[(17)] "Postsecondary education system" means the following public institutions: 2
University of Kentucky, University of Louisville, Eastern Kentucky University, 3
Kentucky State University, Morehead State University, Murray State University, 4
Northern Kentucky University, Western Kentucky University, and the Kentucky 5
Community and Technical College System; 6
(16)[(18) "P-16 council" or "council of partners" means a local or state council that is 7
composed of educators from public and private preschool s, elementary, secondary, 8
and postsecondary education institutions, local board of education members, and 9
may include community and business representatives that have voluntarily 10
organized themselves for the purpose of improving the alignment and quality o f the 11
education continuum from preschool through postsecondary education as well as 12
student achievement at all levels; 13
(19)] "Public" means operated with state support; 14
(17)[(20)] "Relative" means a person's father, mother, brother, sister, husband, wife, son, 15
daughter, aunt, uncle, son-in-law, or daughter-in-law; 16
(18)[(21) "Remedial education" means any program, course, or activity that is designed 17
specifically for students who have basic deficiencies in reading, written or oral 18
communication, mathematics, study skills, or other skills necessary to do beginning 19
postsecondary work as defined by the institution; 20
(22)] "Standardized degree program" means a program, approved by the Council on 21
Postsecondary Education, that consists of specific competencies, curr iculum, and 22
performance requirements regardless of the providing institution; 23
(19)[(23)] "Strategic agenda" means the state strategic postsecondary education agenda 24
described in KRS 164.0203; 25
(20)[(24)] "Technical institution" means an educational institut ion that offers 26
certificates, diplomas, or technical degrees in technical or occupational -related 27
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programs, including a facility called a vocational -technical school, technical 1
institute, health technology center, technology center, technical college, or s imilar 2
designation; and 3
(21)[(25)] "Learning outcomes" means the knowledge, skills, and abilities that students 4
have attained as a result of their involvement in a particular set of educational 5
experiences. 6
Section 2. KRS 164.013 is amended to read as follows: 7
(1) The Council on Postsecondary Education shall set the qualifications for the position 8
of president of the council. [Except for the first president appointed under 9
subsection (2) of this section, ]The council may employ a search firm and conduct a 10
nationwide search for candidates. Any search firm employed by the council shall 11
consider, interview, and propose three (3) or more candidates for the position of 12
president. The council may seek additional names from the s earch firm or from 13
other sources. 14
(2) [In the selection of candidates for the first president of the Council on 15
Postsecondary Education, the Strategic Committee on Postsecondary Education 16
shall serve as a search committee, employing a search firm for assis tance. The 17
committee shall recommend three (3) candidates to be considered by the council 18
and shall repeat this process until it finds a satisfactory person to appoint as the first 19
president of the council. 20
(3) ]The president shall possess an excellent academic and administrative background, 21
have strong communication skills, have significant experience and an established 22
reputation as a professional in the field of postsecondary education, and shall not 23
express, demonstrate, or appear to have an institutional or regional bias in his or her 24
actions. 25
(3)[(4)] The president shall be the primary advocate for postsecondary education and 26
advisor to the Governor and the General Assembly on matters of postsecondary 27
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education in Kentucky. As the primary advocate for postsecondary education, the 1
president shall work cl osely with the [committee and the ] elected leadership of the 2
Commonwealth to ensure that they are fully informed about postsecondary 3
education issues and that the council fully understands the goals for postsecondary 4
education in the Commonwealth[that the General Assembly has established in KRS 5
164.003(2)]. 6
(4)[(5)] The president may design and develop for review by the council new 7
statewide initiatives in accordance with the strategic agenda. 8
(5)[(6)] (a) The council shall set the salary of the president a t an amount no greater 9
than the salary the president was receiving on January 1, 2012. 10
(b) The salary of the president shall be exempt from state employee salary 11
limitations as set forth in KRS 64.640. 12
(6)[(7)] The president shall be accorded a contract to serve for a term not to exceed 13
five (5) years, which is renewable at the pleasure of the council. 14
(7)[(8)] The president shall determine the staffing positions and organizational 15
structure necessary to carry out the responsibilities of the council and may employ 16
staff. All personnel positions of the Council on Higher Education, as of May 30, 17
1997, with the exception of the position of executive director, shall be transferred to 18
the Council on Postsecondary Education. All personnel shall be transferred at t he 19
same salary and benefit levels. Notwithstanding the provisions of KRS 11A.040, 20
any person employed by the Council on Higher Education prior to May 30, 1997, 21
may accept immediate employment with any governmental entity or any 22
postsecondary education organization or institution in the Commonwealth and may 23
carry out the employment duties assigned by that entity, organization, or institution. 24
(8)[(9)] The president shall be responsible for the day-to-day operations of the council 25
and shall report and submit annual reports on the strategic implementation plan of 26
the strategic agenda, carry out policy and program directives of the council, prepare 27
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and submit to the council for its approval the proposed budget of the council, and 1
perform all other duties and responsibilities assigned by state law. 2
(9)[(10)] With approval of the council, the president may enter into agreements with 3
any state agency or political subdivision of the state, any state postsecondary 4
education institution, or any other person or entity t o enlist staff assistance to 5
implement the duties and responsibilities under KRS 164.020. 6
(10)[(11)] The president shall be reimbursed for all actual and necessary expenses 7
incurred in the performance of all assigned duties and responsibilities. 8
Section 3. KRS 164.020 is amended to read as follows: 9
The Council on Postsecondary Education in Kentucky shall: 10
(1) Develop and implement the strategic agenda [ with the advice and counsel of the 11
Strategic Committee on Postsecondar y Education] . The council shall provide for 12
and direct the planning process and subsequent strategic implementation plans 13
based on the strategic agenda as provided in KRS 164.0203; 14
(2) Revise the strategic agenda and strategic implementation plan [ with the advice and 15
counsel of the committee as set forth in KRS 164.004]; 16
(3) Develop a system of public accountability related to the strategic agenda by 17
evaluating the performance and effectiveness of the state's postsecondary system. 18
The council shall prepare a report in conjunction with the accountability reporting 19
described in KRS 164.095, which shall be submitted to [the committee, ] the 20
Governor[,] and the General Assembly by December 1 annually. This report shall 21
include a description of contributions by po stsecondary institutions to the quality of 22
elementary and secondary education in the Commonwealth; 23
(4) Review, revise, and approve the missions of the state's universities and the 24
Kentucky Community and Technical College System. The Council on 25
Postsecondary Education shall have the final authority to determine the compliance 26
of postsecondary institutions with their academic, service, and research missions; 27
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(5) Establish and ensure that all postsecondary institutions in Kentucky cooperatively 1
provide for an integrated system of postsecondary education. The council shall 2
guard against inappropriate and unnecessary conflict and duplication by promoting 3
transferability of credits and easy access of information among institutions; 4
(6) Engage in analyses and resea rch to determine the overall needs of postsecondary 5
education and adult education in the Commonwealth; 6
(7) Develop plans that may be required by federal legislation. The council shall for all 7
purposes of federal legislation relating to planning be consider ed the "single state 8
agency" as that term may be used in federal legislation. When federal legislation 9
requires additional representation on any "single state agency," the Council on 10
Postsecondary Education shall establish advisory groups necessary to satisfy federal 11
legislative or regulatory guidelines; 12
(8) (a) Determine tuition and approve the minimum qualifications for admission to 13
the state postsecondary educational system. In defining residency, the council 14
shall classify a student as having Kentucky r esidency if the student met the 15
residency requirements at the beginning of his or her last year in high school 16
and enters a Kentucky postsecondary education institution within two (2) 17
years of high school graduation. In determining the tuition for non -Kentucky 18
residents, the council shall consider the fees required of Kentucky students by 19
institutions in adjoining states, the resident fees charged by other states, the 20
total actual per student cost of training in the institutions for which the fees 21
are being determined, and the ratios of Kentucky students to non -Kentucky 22
students comprising the enrollments of the respective institutions, and other 23
factors the council may in its sole discretion deem pertinent, except that the 24
Kentucky Community and Technical College System may assess a mandatory 25
student fee not to exceed eight dollars ($8) per credit hour to be used 26
exclusively for debt service on amounts not to exceed seventy -five percent 27
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(75%) of the total projects cost of the Kentucky Community and Technical 1
College System agency bond projects included in 2014 Ky. Acts ch. 117, Part 2
II, J., 11. 3
(b) The Kentucky Community and Technical College System mandatory fee 4
established in this subsection shall only be used for debt service on agency 5
bond projects. 6
(c) Any fee established as provided by this subsection shall cease to be assessed 7
upon the retirement of the project bonds for which it services debt. 8
(d) Prior to the issuance of any bonds, the Kentucky Community and Technical 9
College System shall certify in w riting to the secretary of the Finance and 10
Administration Cabinet that sufficient funds have been raised to meet the 11
local match equivalent to twenty-five percent (25%) of the total project cost; 12
(9) Devise, establish, and periodically review and revise po licies to be used in making 13
recommendations to the Governor for consideration in developing 14
recommendations to the General Assembly for appropriations to the universities, 15
the Kentucky Community and Technical College System, and to support strategies 16
for persons to maintain necessary levels of literacy throughout their lifetimes. The 17
council has sole discretion, with advice of the [Strategic Committee on 18
Postsecondary Education and the ]executive officers of the postsecondary education 19
system, to devise pol icies that provide for allocation of funds among the 20
universities and the Kentucky Community and Technical College System; 21
(10) Lead and provide staff support for the biennial budget process as provided under 22
KRS Chapter 48[, in cooperation with the committee]; 23
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 24
capital construction projects covered by KRS 45.750(1)(f), including real 25
property acquisitions, and regardless of the source of funding for projects or 26
acquisitions. Approval of capital projects and real property acquisitions shall 27
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be on a basis consistent with the strategic agenda and the mission of the 1
respective universities and the Kentucky Community and Technical College 2
System. 3
(b) The organized groups that are establishing community college satellites as 4
branches of existing community colleges in the counties of Laurel, Leslie, and 5
Muhlenberg, and that have substantially obtained cash, pledges, real property, 6
or other commitments to build the satellite at no cost to the Commonwealth, 7
other than operating costs that shall be paid as part of the operating budget of 8
the main community college of which the satellite is a branch, are authorized 9
to begin construction of the satellite on or after January 1, 1998; 10
(12) Require reports from the executive officer of each institution it deems necessary for 11
the effectual performance of its duties; 12
(13) Ensure that the state postsecondary system does not unnecessarily duplicate 13
services and programs provided by private p ostsecondary institutions and shall 14
promote maximum cooperation between the state postsecondary system and private 15
postsecondary institutions. Receive and consider an annual report prepared by the 16
Association of Independent Kentucky Colleges and Universiti es stating the 17
condition of independent institutions, listing opportunities for more collaboration 18
between the state and independent institutions and other information as appropriate; 19
(14) Establish course credit, transfer, and degree components as require d in KRS 20
164.2951; 21
(15) (a) Define and approve the offering of all postsecondary education technical, 22
associate, baccalaureate, graduate, and professional degree, certificate, or 23
diploma programs in the public postsecondary education institutions. The 24
council shall not approve a new degree, certificate, or diploma program that 25
includes a requirement for a course or training of which the primary purpose 26
is to indoctrinate participants with a discriminatory concept. 27
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(b) The council shall expedite wherever pos sible the approval of requests from 1
the Kentucky Community and Technical College System board of regents 2
relating to new certificate, diploma, technical, or associate degree programs of 3
a vocational -technical and occupational nature. Without the consent of the 4
General Assembly, the council shall not abolish or limit the total enrollment 5
of the general program offered at any community college to meet the goal of 6
reasonable access throughout the Commonwealth to a two (2) year course of 7
general studies designed for transfer to a baccalaureate program. This does not 8
restrict or limit the authority of the council, as set forth in this section, to 9
eliminate or make changes in individual programs within that general 10
program; 11
(16) Eliminate, in its discretion, exist ing programs or make any changes in existing 12
academic programs at the state's postsecondary educational institutions, taking into 13
consideration these criteria: 14
(a) Consistency with the institution's mission and the strategic agenda; 15
(b) Alignment with the priorities in the strategic implementation plan for 16
achieving the strategic agenda; 17
(c) Elimination of unnecessary duplication of programs within and among 18
institutions; 19
(d) Efforts to create cooperative programs with other institutions through 20
traditional means, or by use of distance learning technology and electronic 21
resources, to achieve effective and efficient program delivery; and 22
(e) Alignment with KRS 164.2895, including the elimination of any program that 23
includes a requirement for a course or trai ning of which the primary purpose 24
is to indoctrinate participants with a discriminatory concept; 25
(17) Ensure the governing board and faculty of all postsecondary education institutions 26
are committed to providing instruction free of discrimination against s tudents who 27
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hold political views and opinions contrary to those of the governing board and 1
faculty; 2
(18) Review proposals and make recommendations to the Governor regarding the 3
establishment of new public community colleges, technical institutions, and new 4
four (4) year colleges; 5
(19) Ensure the coordination, transferability, and connectivity of technology among 6
postsecondary institutions in the Commonwealth including the development and 7
implementation of a technology plan as a component of the strategic agenda; 8
(20) Approve the teacher education programs in the public institutions that comply with 9
standards established by the Education Professional Standards Board pursuant to 10
KRS 161.028; 11
(21) Constitute the representative agency of the Commonwealth in all matters of 12
postsecondary education of a general and statewide nature which are not otherwise 13
delegated to one (1) or more institutions of postsecondary learning. The 14
responsibility may be exercised through appropriate contractual relationships with 15
individuals or agencies located within or without the Commonwealth. The authority 16
includes but is not limited to contractual arrangements for programs of research, 17
specialized training, and cultural enrichment; 18
(22) Maintain procedures for the approval of a desig nated receiver to provide for the 19
maintenance of student records of the public institutions of higher education and the 20
colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 21
165A.310 which offer collegiate level courses for academi c credit, which cease to 22
operate. Procedures shall include assurances that, upon proper request, subject to 23
federal and state laws and regulations, copies of student records shall be made 24
available within a reasonable length of time for a minimum fee; 25
(23) Monitor and transmit a report on compliance with KRS 164.351 to the director of 26
the Legislative Research Commission for distribution to the Interim Joint 27
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Committee on Families and Children; 1
(24) (a) Develop in cooperation with each public university and t he Kentucky 2
Community and Technical College System a comprehensive orientation and 3
education program for new members of the council and the governing boards 4
and continuing education opportunities for all council and board members. 5
For new members of the co uncil and institutional governing boards, the 6
council shall: 7
1. Ensure that the orientation and education program comprises six (6) 8
hours of instruction time and includes but is not limited to information 9
concerning the roles of the council and governing b oard members, the 10
strategic agenda and the strategic implementation plan, and the 11
respective institution's mission, budget and finances, strategic plans and 12
priorities, institutional policies and procedures, board fiduciary 13
responsibilities, legal consider ations including open records and open 14
meetings requirements, ethical considerations arising from board 15
membership, and the board member removal and replacement 16
provisions of KRS 63.080; 17
2. Establish delivery methods by which the orientation and education 18
program can be completed in person or electronically by new members 19
within one (1) year of their appointment or election; 20
3. Provide an annual report to the Governor and Legislative Research 21
Commission of those new board members who do not complete the 22
required orientation and education program; and 23
4. Invite governing board members of private colleges and universities 24
licensed by the Council on Postsecondary Education to participate in the 25
orientation and education program described in this subsection; 26
(b) Offer, in cooperation with the public universities and the Kentucky 27
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Community and Technical College System, continuing education 1
opportunities for all council and governing board members; and 2
(c) Review and approve the orientation programs of each public university and 3
the Kentucky Community and Technical College System for their governing 4
board members to ensure that all programs and information adhere to this 5
subsection; 6
(25) Develop a financial reporting procedure to be used by all state postsecondary 7
education institutions to ensure uniformity of financial information available to 8
state agencies and the public; 9
(26) Select and appoint a president of the council under KRS 164.013; 10
(27) Employ consultants and other persons and employees as may be required for the 11
council's operations, functions, and responsibilities; 12
(28) Promulgate administrative regulations, in accordance with KRS Chapter 13A, 13
governing its powers, duties, and responsibilities as described in this section; 14
(29) Prepare and present by January 31 of each year an annual status report on 15
postsecondary education in the Commonwealth to the Governor [, the Strategic 16
Committee on Postsecondary Education,] and the Legislative Rese arch 17
Commission; 18
(30) Consider the role, function, and capacity of independent institutions of 19
postsecondary education in developing policies to meet the immediate and future 20
needs of the state. When it is found that independent institutions can meet state 21
needs effectively, state resources may be used to contract with or otherwise assist 22
independent institutions in meeting these needs; 23
(31) Create advisory groups representing the presidents, faculty, nonteaching staff, and 24
students of the public postsecondary education system and the independent colleges 25
and universities; 26
(32) Develop a statewide policy to promote employee and faculty development in state 27
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and locally operated secondary area technology centers through the waiver of 1
tuition for college credit coursework in the public postsecondary education system. 2
Any regular full -time employee of a state or locally operated secondary area 3
technology center may, with prior administrative approval of the course offering 4
institution, take a maximum of six (6) c redit hours per term at any public 5
postsecondary institution. The institution shall waive the tuition up to a maximum 6
of six (6) credit hours per term. The employee shall complete the Free Application 7
for Federal Student Aid to determine the level of need and eligibility for state and 8
federal financial aid programs. The amount of tuition waived shall not exceed the 9
cost of tuition at the institution less any state or federal grants received, which shall 10
be credited first to the student's tuition; 11
(33) Participate with the Kentucky Department of Education, the Kentucky Board of 12
Education, and postsecondary education institutions to ensure that academic content 13
requirements for successful entry into postsecondary education programs are 14
aligned with high school content standards and that students who master the high 15
school academic content standards shall not need remedial courses. The council 16
shall monitor the results on an ongoing basis; 17
(34) Cooperate with the Kentucky Department of Education and the Educatio n 18
Professional Standards Board in providing information sessions to selected 19
postsecondary education content faculty and teacher educators of the high school 20
academic content standards as required under KRS 158.6453(2)(l); 21
(35) Cooperate with the Office of the Kentucky Center for Statistics and ensure the 22
participation of the public institutions as required in KRS 151B.133; 23
(36) Pursuant to KRS 63.080, review written notices from the Governor or from a board 24
of trustees or board of regents concerning remova l of a board member or the entire 25
appointed membership of a board, investigate the member or board and the conduct 26
alleged to support removal, and make written recommendations to the Governor 27
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and the Legislative Research Commission as to whether the member or board 1
should be removed; and 2
(37) Exercise any other powers, duties, and responsibilities necessary to carry out the 3
purposes of this chapter. Nothing in this chapter shall be construed to grant the 4
Council on Postsecondary Education authority to dises tablish or eliminate any 5
college of law which became a part of the state system of higher education through 6
merger with a state college. 7
Section 4. KRS 164.321 is amended to read as follows: 8
(1) (a) Eastern Kentucky Univ ersity, Morehead State University, Murray State 9
University, Western Kentucky University, Kentucky State University, 10
Northern Kentucky University, and the Kentucky Community and Technical 11
College System shall each be governed by a board of regents appointed for a 12
term set by law pursuant to Section 23 of the Constitution of Kentucky. 13
(b)[(a)] Each board of the comprehensive universities shall consist of eight (8) 14
members appointed by the Governor, one (1) member of the teaching faculty, 15
one (1) member of the university nonteaching personnel, and one (1) member 16
of the student body of the respective university or college. The members 17
appointed by the Governor shall be subject to confirmation by the Senate. The 18
members of the board shall select a chairperson annually. 19
(c)[(b)] The board of the Kentucky Community and Technical College System 20
shall consist of eight (8) members appointed by the Governor, two (2) 21
members of the teaching faculty, two (2) members of the nonteaching 22
personnel, and two (2) members of the student body. T he members appointed 23
by the Governor shall be subject to confirmation by the Senate. 24
1. No more than three (3) appointed members of the board shall reside in 25
any one (1) judicial district of the Kentucky Supreme Court as of the 26
date of the appointment. 27
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2. A change in residency of a gubernatorial appointee after the date of 1
appointment shall not affect the appointee's ability to serve or eligibility 2
for reappointment, except an appointee who assumes residency outside 3
the fifty (50) United States shall become immediately ineligible to serve. 4
The Council on Postsecondary Education shall notify the appointee of 5
his or her ineligibility to serve. 6
3. In making initial appointments, the Governor shall act so as to provide 7
equal representation of the two (2) sexes. In filling vacancies, the 8
Governor shall act so as to provide, inasmuch as possible, equal 9
representation of the two (2) sexes by appointing a member of the sex 10
that is the lesser represented at the time of the appointment. If the 11
remaining membership alre ady has an equal number of males and 12
females, the Governor may appoint a member of either sex. 13
(2) The terms of appointed members shall be for six (6) years and until their successors 14
are appointed and qualified, unless a member is removed by the Governor pursuant 15
to KRS 63.080(2), (3), or (4) . [, except the initial appointments to the board of 16
regents for the Kentucky Community and Technical College System shall be as 17
follows: 18
(a) One (1) member shall serve a one (1) year term; 19
(b) One (1) member shall serve a two (2) year term; 20
(c) Two (2) members shall serve three (3) year terms; 21
(d) One (1) member shall serve a four (4) year term; 22
(e) One (1) member shall serve a five (5) year term; and 23
(f) Two (2) members shall serve six (6) year terms. 24
]New appointees of a board of regents shall not serve for more than two (2) 25
consecutive terms. 26
(3) The gubernatorial appointments may include one (1) graduate of the respective 27
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institution who resides outsid e the Commonwealth. Not more than two (2) 1
appointed members of any board shall be residents of one (1) county. The 2
appointments shall reflect the proportional representation of the two (2) leading 3
political parties of the Commonwealth based on the state's voter registration and the 4
political affiliation of each appointee as of December 31 of the year preceding the 5
date of his or her appointment. A particular political affiliation shall not be a 6
prerequisite to appointment to any board generally; however, if any person is 7
appointed to a board that does not represent either of the two (2) leading political 8
parties of the Commonwealth, the proportional representation by political affiliation 9
requirement shall be determined and satisfied based on the total numbe r of 10
members on the board less any members not affiliated with either of the two (2) 11
leading political parties. Membership on the board shall reflect no less than 12
proportional representation of the minority racial composition of the 13
Commonwealth based on t he total minority racial population using the most recent 14
census or estimate data from the United States Census Bureau. If the determination 15
of proportional minority representation does not result in a whole number of 16
minority members, it shall be rounded up to the next whole number. Membership 17
on the board shall not be incompatible with any state office. A change in residency 18
after the date of appointment shall not affect a member's ability to serve nor shall it 19
prevent a member's eligibility for reappoint ment, except a member who assumes 20
residency outside the fifty (50) United States shall become immediately ineligible 21
to serve. The Council on Postsecondary Education shall notify the appointee of his 22
or her ineligibility to serve. 23
(4) Appointments to fill vacancies shall be made in the same manner and within the 24
same time after the occurrence of the vacancy as regular appointments. The person 25
appointed shall hold the position for the unexpired term only. 26
(5) Each member of the board shall serve for the term for which the member is 27
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appointed and until a successor is appointed and qualified, unless a member is 1
removed by the Governor pursuant to KRS 63.080(2), (3), or (4). 2
(6) (a) The faculty member of a comprehensive university shall be a teaching or 3
research member of the faculty of his or her respective university of the rank 4
of assistant professor or above. The faculty member shall be elected by secret 5
ballot by all faculty members of his or her university of the rank of instructor, 6
assistant professor, or above. The faculty member shall serve for a term of 7
three (3) years and until his successor is elected and qualified. The faculty 8
member shall be eligible for reelection, but he or she shall not be eligible to 9
continue to serve as a member of the board if he or she ceases being a member 10
of the teaching staff of the university. Elections to fill vacancies shall be for 11
the unexpired term in the same manner as provided for the original election. 12
(b) The faculty members of the Kentucky Community and Technical C ollege 13
System shall be represented by one (1) faculty member elected from the 14
community colleges and one (1) faculty member elected from the technical 15
institutions to serve three (3) year terms and until their successors are named. 16
The faculty representati ve of each branch shall be elected by means of a 17
process established by the board. The faculty members may be reelected but 18
shall not serve more than two (2) consecutive terms. A faculty member shall 19
be ineligible to continue to serve as a member of the bo ard if he or she ceases 20
to be a member of the faculty at one (1) of the institutions within the system. 21
Elections to fill vacancies shall be for the unexpired term in the same manner 22
as provided for the original election. These two (2) members shall collectively 23
have one (1) vote which may be cast one-half (1/2) vote by each member. 24
(7) (a) The nonteaching personnel member in a comprehensive university shall be 25
any full-time staff member excluding the president, vice presidents, academic 26
deans, and academic department chairpersons. He or she shall represent all 27
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nonteaching university employees including, but not limited to, building 1
facilities and clerical personnel. The member shall be elected by secret ballot 2
by the nonteaching employees. The nonteaching p ersonnel member shall 3
serve a term of three (3) years and until a successor is elected and qualified. 4
The nonteaching personnel member shall be eligible for reelection, but he or 5
she shall not be eligible to continue to serve as a member of the board if he or 6
she ceases being an employee of the university. Elections to fill vacancies 7
shall be for the unexpired term in the same manner as provided for the 8
original election. 9
(b) The nonteaching personnel members in the Kentucky Community and 10
Technical College System shall be any full -time staff member excluding a 11
president, chancellor, vice president, academic dean, academic department 12
chair, or other administrator. They shall represent all nonteaching employees 13
in their respective branch institutions including , but not limited to, support 14
and clerical personnel. One (1) member shall be a representative from the 15
community colleges and one (1) member shall be a representative from the 16
technical institutions. They shall serve three (3) year terms and until their 17
successors are named. These two (2) members shall collectively have one (1) 18
vote which may be cast one-half (1/2) vote by each member. The nonteaching 19
personnel members of each branch shall be elected by means of a process 20
established by the board. A nontea ching personnel member may be reelected 21
but shall not serve more than two (2) consecutive terms. A nonteaching 22
employee shall be ineligible to continue to serve as a member of the board if 23
that employee ceases to be a nonteaching employee at one (1) of the 24
institutions within the system. Elections to fill vacancies shall be for the 25
unexpired term in the same manner as provided for the original election. 26
(8) (a) The student member on a comprehensive university board shall serve a one 27
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(1) year term beginning on July 1 after being elected and sworn in as student 1
body president and ending on the following June 30. If the student member 2
does not maintain the position as student body president or the status as a full -3
time student at any time during that academic y ear, a special election shall be 4
held to select a full -time student member. The elected student member shall 5
serve for the remainder of the unexpired term. 6
(b) Two (2) full-time student members shall be elected to the board of regents for 7
the Kentucky Comm unity and Technical College System. One (1) shall 8
represent students of the community colleges and one (1) shall represent the 9
technical institutions. The student members shall be elected by means of a 10
process established by the board. The student members shall serve one (1) 11
year terms beginning on July 1 after being elected and sworn in as a student 12
member of the board and ending on the following June 30. If the student 13
member does not maintain the status as a full -time student, a special election 14
shall be held to fill the vacancy for the remainder of the unexpired term. The 15
two (2) members shall collectively have one (1) vote which may be cast one -16
half (1/2) vote by each member. 17
(9 (a)) All appointed and elected persons shall be required to attend and comp lete an 18
orientation and education program prescribed by the council under KRS 19
164.020(24), as a condition of their service and eligibility for appointment or 20
election to a second term. 21
(b) Attendance at an orientation and education program as required in 22
paragraph (a) of this subsection shall not constitute a meeting for the 23
purposes of KRS 61.800 to 61.850 if official action is not taken, regardless 24
of how many board members are in attendance. 25
(10) Board members may be removed by the Governor under the fol lowing 26
circumstances: 27
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(a) For cause, pursuant to KRS 63.080(2); or 1
(b) Pursuant to KRS 63.080(3) or (4). 2
(11) The inability of the board or boards of the comprehensive universities or Kentucky 3
Community and Technical College System to hold quarterly meetin gs, to elect a 4
chairperson annually, to establish a quorum, to adopt an annual budget, to set 5
tuition rates, to conduct an annual evaluation of the president of the university or 6
system, to carry out its primary function to periodically evaluate the univer sity's or 7
system's progress in implementing its mission, goals, and objectives to conform to 8
the strategic agenda, or to otherwise perform its duties under KRS 164.350 shall be 9
cause for the Governor to remove all appointed members of the board or boards and 10
replace the entire appointed membership pursuant to KRS 63.080(4). 11
Section 5. KRS 15.257 is amended to read as follows: 12
(1) The Office of the Attorney General shall, within ninety (90) days of June 20, 2005, 13
and there after, within ninety (90) days of the effective date of any legislation 14
amending the provisions of the Open Meetings Act or the Open Records Act, 15
distribute to all county judge/executives, mayors, county attorneys, city attorneys, 16
superintendents of public school districts, presidents of each of the state public 17
postsecondary education institutions identified in KRS 161.220(4)(b) or Section 1 18
of this Act[164.001(13) or (17)], and attorneys of public school districts and public 19
postsecondary education instit utions throughout Kentucky written information 20
prepared by the Office of the Attorney General that explains the procedural and 21
substantive provisions of the Open Meetings Act, KRS 61.805 to 61.850, and the 22
Open Records Act, KRS 61.870 to 61.884, together w ith the information required 23
by KRS 171.223 to be prepared by the Department for Libraries and Archives 24
concerning proper retention and management of public records. This distribution 25
may be by electronic means. 26
(2) All superintendents of public school dis tricts and the presidents of each of the state 27
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public postsecondary education institutions identified in KRS 161.220(4)(b) or 1
Section 1 of this Act [164.001 (13) or (17)] shall be responsible for designating and 2
submitting the names and addresses of the att orneys to whom this information shall 3
be disseminated to the Office of the Attorney General. 4
Section 6. KRS 164.011 is amended to read as follows: 5
(1) There is hereby created and established a Council on Postsecondary Ed ucation in 6
Kentucky as an agency, instrumentality, and political subdivision of the 7
Commonwealth and a public body corporate and politic having all powers, duties, 8
and responsibilities as are provided to it by law, appointed for a term set by law 9
pursuant to Section 23 of the Constitution of Kentucky. The council shall be 10
composed of the commissioner of education, a faculty member, a student member, 11
and thirteen (13) citizen members appointed by the Governor. The citizen members 12
shall be confirmed by the Se nate under KRS 11.160, and the commissioner of 13
education shall serve as a nonvoting ex officio member. Citizen council members 14
shall be selected from a list of nominees provided to the Governor under the 15
nominating process set forth in KRS 164.005. If the General Assembly is not in 16
session at the time of the appointment, persons appointed shall serve prior to 17
confirmation, but the Governor shall seek the consent of the Senate at the next 18
regular session or at an intervening extraordinary session if the matter is included in 19
the call of the General Assembly. 20
(2) By no later than thirty (30) days after May 30, 1997, the Governor's Postsecondary 21
Education Nominating Committee shall submit nominations to the Governor as set 22
forth in KRS 164.005. On making appoin tments to the council, the Governor shall 23
ensure broad geographical and political representation; ensure equal representation 24
of the two (2) sexes, inasmuch as possible; ensure no less than proportional 25
representation of the two (2) leading political parti es of the Commonwealth based 26
on the state's voter registration and the political affiliation of each appointee as of 27
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December 31 of the year preceding the date of his or her appointment; and ensure 1
that appointments reflect the minority racial composition of the Commonwealth 2
based on the total minority racial population using the most recent census or 3
estimate data from the United States Census Bureau. If the determination of 4
proportional minority representation does not result in a whole number of minority 5
members, it shall be rounded up to the next whole number. A particular political 6
affiliation shall not be a prerequisite to appointment to the council generally; 7
however, if any person is appointed to the council that does not represent either of 8
the two (2) leading political parties of the Commonwealth, the proportional 9
representation by political affiliation requirement shall be determined and satisfied 10
based on the total number of members on the council less any members not 11
affiliated with either of the two (2) leading political parties. In filling vacancies to 12
the council, the Governor shall act so as to provide, inasmuch as possible, equal 13
representation of the two (2) sexes by appointing a member of the sex that is the 14
lesser represented at the time o f the appointment. If the remaining membership 15
already has an equal number of males and females, the Governor may appoint a 16
member of either sex. No more than two (2) members of the council shall hold an 17
undergraduate degree from any one (1) Kentucky unive rsity, and no more than 18
three (3) voting members of the council shall reside in any one (1) judicial district 19
of the Kentucky Supreme Court as of the date of the appointment. However, change 20
in residency after the date of appointment shall not affect the ability to serve. 21
(3) One (1) member shall be a full -time faculty member employed at a state institution 22
of postsecondary education. The faculty member shall be appointed to a four (4) 23
year term by the Governor from a list of three (3) nominees selected and submitted 24
by majority vote of the ten (10) faculty members who serve as faculty 25
representatives of the boards of trustees and boards of regents of the nine (9) 26
postsecondary education institutions. 27
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(4) One (1) member shall be enrolled as a full -time stude nt at a state institution of 1
postsecondary education and shall be selected annually in the following manner: 2
not later than June 1 of each year the eight (8) student body presidents of the four 3
(4) year state public institutions of higher education, the two (2) student members to 4
the Kentucky Community and Technical College System, and one (1) student body 5
president representing the members of the Association of Independent Kentucky 6
Colleges and Universities shall elect by majority vote three (3) nominees t o submit 7
to the Governor. From this list of nominees, the Governor shall appoint a student 8
member. 9
(5) In filling any vacancies, the Governor shall ensure the continuing representation 10
upon the council of the broad constituencies as set forth in subsection (2) of this 11
section. Vacancies on the council shall be filled for the unexpired term in 12
accordance with the procedures established for the original appointments. 13
(6) Each citizen member shall serve a term of six (6) years unless removed by the 14
Governor for cause[, except the initial appointments shall be as follows: 15
(a) Two (2) appointments shall expire December 31, 1997; 16
(b) Three (3) appointments shall expire December 31, 1998; 17
(c) Two (2) appointments shall expire December 31, 1999; 18
(d) Two (2) appointments shall expire December 31, 2000; 19
(e) Two (2) appointments shall expire December 31, 2001; and 20
(f) Two (2) appointments shall expire December 31, 2002]. 21
(7) Any person, other than the chief state school officer, holding either an elective or 22
appointive state office or who is a member of the governing board of any state 23
university in Kentucky, shall be ineligible for membership or appointment on the 24
council during his term. 25
(8) The members of the council shall elect the chair and the vice chair of the council 26
from among the council's membership, and the chair and vice chair shall serve at 27
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the pleasure of the council. The vice chair shall serve as chair in the absence o f the 1
chair. 2
(9) The council shall meet at least quarterly and at other times upon the call of the chair 3
or a majority of the council. 4
(10) A quorum shall be a majority of the appointive membership of the council. 5
(11) A quorum shall be required to organiz e and conduct the business of the council, 6
except that an affirmative vote of eight (8) or more appointive members of the 7
entire council shall be required to dismiss from employment the president of the 8
council, and to adopt or amend the state strategic postsecondary education agenda. 9
(12) New appointees to the council shall not serve more than two (2) consecutive terms. 10
(13) New appointees to the council shall complete an orientation and education program 11
set forth in KRS 164.020(24) to be eligible for appointment to a second term. 12
Section 7. KRS 164.2843 is amended to read as follows: 13
Each institution of the postsecondary education system, as defined in KRS 164.001[(17)], 14
that provides in-state tuition for nonresident ch ildren of graduates may provide the same 15
in-state tuition for nonresident siblings of graduates. 16
Section 8. KRS 164.465 is amended to read as follows: 17
(1) The presidents of state postsecondary education institutions iden tified in KRS 18
161.220(4)(b) or 164.001 [(13) or (17)] shall distribute the written information 19
provided by the Office of the Attorney General and the Department for Libraries 20
and Archives under KRS 15.257 and 171.223 to each board of regents or governing 21
board member of their university. Distribution shall be accomplished within sixty 22
(60) days of receiving the written information from the Office of the Attorney 23
General and the Department for Libraries and Archives. Distribution to newly 24
appointed members sh all be accomplished within sixty (60) days of their 25
appointment. The distribution may be by electronic means. 26
(2) The presidents of state public postsecondary education institutions, as identified in 27
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subsection (1) of this section, shall require signatory proof that each board of 1
regents or governing board member has received the written information as 2
required under subsection (1) of this section, shall maintain documentation of 3
receipt on file, and shall certify to the Office of the Attorney General that the 4
written information has been distributed as required. 5
Section 9. KRS 164.821 is amended to read as follows: 6
(1) The government of the University of Louisville is vested in a board of trustees 7
appointed for a term set by law pursuant to Section 23 of the Constitution of 8
Kentucky. The board shall consist of ten (10) members appointed by the Governor, 9
at least one (1) of whom shall be a graduate of the university; one (1) member of 10
the teaching faculty of the University of Louisville who shall be the chief executive 11
of the ranking unit of faculty government; one (1) member of the permanent staff of 12
the University of Louisville who shall be the chief executive of the staff senate; and 13
one (1) student member who shall be th e president of the student body during the 14
appropriate academic year. The members appointed by the Governor shall be 15
subject to confirmation by the Senate. 16
(a) 1. All appointed and elected persons shall be required to attend and 17
complete an orientation and education program prescribed by the 18
council under KRS 164.020(24), as a condition of their service and 19
eligibility for appointment or election to a second term. 20
2. Attendance at an orientation and education program required in 21
subparagraph 1. of this para graph shall not constitute a meeting for 22
the purposes of KRS 61.800 to 61.850 if official action is not taken, 23
regardless of how many board members are in attendance. 24
(b) Board members may be removed by the Governor under the following 25
circumstances: 26
1. For cause, pursuant to KRS 63.080(2); or 27
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2. Pursuant to KRS 63.080(3) or (4). 1
(c) New appointees to the board shall not serve more than two (2) consecutive 2
terms. 3
(2) The student member shall serve a one (1) year term beginning on July 1 after being 4
elected and sworn in as student body president and ending on the following June 5
30. If the student member does not maintain the position of student body president 6
or the status of a full -time student at any time during that academic year, a special 7
election shall be held to select a full -time student member. The elected student 8
member shall serve for the remainder of the unexpired term. 9
(3) The faculty member and staff member shall serve one (1) year terms and cease to 10
be eligible for membership on the board of trustees upon termination of their 11
respective relationships with, or leadership positions within, the university, and 12
vacancies occurring for this reason shall be filled for the remainder of the respective 13
terms in the same manner. 14
(4) The gubernatorial appointments shall serve a term of six (6) years and until their 15
successors are appointed and qualified, unless a member is removed by the 16
Governor pursuant to KRS 63.080(2), (3), or (4)[, except the initial terms shall be as 17
follows: 18
(a) Two (2) members shall serve one (1) year terms; 19
(b) Two (2) members shall serve two (2) year terms; 20
(c) Two (2) members shall serve three (3) year terms; 21
(d) Two (2) members shall serve four (4) year terms; 22
(e) One (1) member shall serve a five (5) year term; and 23
(f) One (1) member shall serve a six (6) year term]. 24
(5) The Governor shall make [his ]at-large appointments so as to divide the appointed 25
representation upon the board to reflect: 26
(a) The proportional representation of the two (2) leading political parties in the 27
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Commonwealth based on the state's voter registration and the political 1
affiliation of each appointee as of December 31 of the year preceding the date 2
of his or her appoin tment. A particular political affiliation shall not be a 3
prerequisite to appointment to the board generally; however, if any person is 4
appointed to the board that does not represent either of the two (2) leading 5
political parties of the Commonwealth, the p roportional representation by 6
political affiliation requirement shall be determined and satisfied based on the 7
total number of members on the board less any members not affiliated with 8
either of the two (2) leading political parties; and 9
(b) No less than the proportional representation of the minority racial composition 10
of the Commonwealth based on the total minority racial population using the 11
most recent census or estimate data from the United States Census Bureau. If 12
the determination of proportional min ority representation does not result in a 13
whole number of minority members, it shall be rounded up to the next whole 14
number. 15
(6) Vacancies among the appointed members of the board occurring by death, 16
resignation, or any other cause, other than expiration o f a term, shall be filled by 17
appointments made by the Governor for the remainder of the unexpired term, 18
subject to the qualifications set forth in this section. 19
(7) Unless specifically approved by the board of trustees under the provisions of KRS 20
164.367, no member of the teaching or administrative staff of the university shall be 21
directly or indirectly interested in any contract with the university for the sale of 22
property, materials, supplies, equipment, or services, with the exception of 23
compensation to the faculty, staff, and student members. 24
(8) The inability of the board to hold regular meetings, to elect a chairperson annually, 25
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 26
annual evaluation of the president of the university, to carry out its primary function 27
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to periodically evaluate the institution's progress in implementing its mission, goals, 1
and objectives to conform to the strategic agenda, or to otherwise perform its duties 2
under KRS 164.830 shall be cause for the Governor to remove all appointed 3
members of the board and replace the entire appointed membership pursuant to 4
KRS 63.080(4). 5
Section 10. KRS 164.330 is amended to read as follows: 6
[Each board of regents shall hold its first meeting within thirty (30) days after each 7
appointment of new members. ]At the first meeting of the board of regents following an 8
appointment of a new member, unless the member was appointed to serve the 9
remainder of an unexpired term, [this meeting] there shall be elected a vice chairperson 10
and a secretary for the board. Each board shall appoint a treasurer, and such officers as it 11
deems necessary, but no member of an y of the boards shall be appointed treasurer. No 12
member of any board shall draw any salary for his or her services, but shall be 13
reimbursed for necessary expenditures made in going to and from each meeting of the 14
board and for other legitimate expenses, ex cept a member who resides outside the 15
Commonwealth shall not be reimbursed for out -of-state travel. The expenses shall be 16
paid out of the funds of the appropriate institution. 17
Section 11. KRS 164.0203 is amended to read as follows: 18
(1) The Council on Postsecondary Education shall adopt a strategic agenda that 19
identifies specific short -term objectives in furtherance of the long -term goals of 20
postsecondary education in the Commonwealth[established in KRS 164.003(2)]. 21
(2) (a) The purpose of the strategic agenda is to create[further the public purposes 22
under KRS 164.003 by creating] high-quality, relevant, postsecondary 23
education and adult education opportunities in the Commonwealth. The 24
strategic agenda shall: 25
1. Serve as the public agenda for postsecondary education and adult 26
education for the citizens of the Commonwealth, providing statewide 27
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priorities and a vision for long-term economic growth; 1
2. State those important issues and aspirations of the Commonwealth's 2
students, employers, and workforce reflecting high expectations for their 3
performance and the performance of the educational institutions and 4
providers that serve them; and 5
3. Sustain a long -term commitment for constant improvement, while 6
valuing market -driven respo nsiveness, accountability to the public, 7
technology-based strategies, and incentive-based motivation. 8
(b) The council shall develop a strategic implementation plan, which may be 9
periodically revised, to achieve the strategic agenda. The strategic agenda 10
shall serve as a guide for institutional plans and missions. 11
(3) The framework for the strategic implementat ion plan of the strategic agenda shall 12
include the following elements: 13
(a) A mission statement; 14
(b) Goals; 15
(c) Principles; 16
(d) Strategies and objectives; 17
(e) Benchmarks; and 18
(f) Incentives to achieve desired results. 19
(4) The implementation plan for the str ategic agenda shall take into consideration the 20
value to society of a quality liberal arts education and the needs and concerns of 21
Kentucky's employers. 22
(5) The council shall develop benchmarks using criteria that shall include but not be 23
limited to: 24
(a) Use of the statistical information commonly provided by governmental and 25
regulatory agencies or specific data gathered by authorization of the council; 26
(b) Comparison of regions and areas within the Commonwealth and comparisons 27
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of the Commonwealth to other states and the nation; and 1
(c) Measures of educational attainment, effectiveness, and efficiency, including 2
but not limited to those set forth in KRS 164.095. 3
(6) [The council shall review the goals established by KRS 164.003(2) at least every 4
four (4) years and shall review its implementation plan at least every two (2) years. 5
(7) ]In developing the strategic agenda, the council shall actively seek input from the 6
Department of Education and local school districts to create necessary linkages to 7
assure a sm ooth and effective transition for students from the elementary and 8
secondary education system to the postsecondary education system. Upon 9
completion of the strategic agenda and strategic implementation plan, the council 10
shall distribute copies to each local school district. 11
(7)[(8)] The strategic agenda shall include a long -term strategy, developed in 12
partnership with the Office of Adult Education, for raising the knowledge and skills 13
of Kentucky's adult population, and ensuring lifelong learning opportunit ies for all 14
Kentucky adults, drawing on the resources of all state government cabinets and 15
agencies, business and civic leadership, and voluntary organizations. 16
Section 12. KRS 164.7911 is amended to read as follows: 17
(1) There is established and created in the Council on Postsecondary Education a 18
Strategic Investment and Incentive Funding Program for postsecondary education 19
to consist of a system of strategic financial assistance awards to institutions, 20
systems, agencies, and programs of postsecondary education to advance the goals 21
of postsecondary education in the Commonwealth [as stated in KRS 164.003(2)] . 22
There are established in the State Treasury the following individual strategic 23
investment and incentive trust funds: 24
(a) A research challenge trust fund; 25
(b) A comprehensive university excellence trust fund; 26
(c) A technology initiative trust fund; 27
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(d) A physical facilities trust fund; 1
(e) A postsecondary workforce development trust fund; and 2
(f) A student financial aid and advancement trust fund. 3
(2) The funding program and the individual trust funds are created to provide financial 4
assistance to the institutions, systems, agencies, and programs of postsecondary 5
education each fiscal biennium. It is the intent of the Gene ral Assembly to make 6
appropriations, including general fund appropriations, each fiscal biennium to each 7
of the individual trust funds in the funding program in a form and manner consistent 8
with the strategic agenda adopted by the Council on Postsecondary Education. 9
Appropriations made to individual trust funds in the Strategic Investment and 10
Incentive Funding Program shall not lapse at the end of a fiscal year but shall be 11
carried forward in the respective trust fund accounts and shall be available for 12
allotment for their respective purposes in the next fiscal year. 13
Section 13. KRS 164.7917 is amended to read as follows: 14
(1) (a) The research challenge trust fund created by KRS 164.7911 may include 15
separate, subsidiary programs and related accounts, such as an Endowed 16
Professorship Matching Program, an Endowed Chairs Matching Program, an 17
External Research Grant Matching Program, a Graduate Assistant Program, a 18
Junior Faculty Research Encouragement Program, or other programs and 19
related accounts as determined through the biennial budget process for the 20
Council on Postsecondary Education. 21
(b) Appropriations to the research challenge t rust fund are to encourage research 22
activities at the University of Kentucky and at the University of Louisville [ so 23
that these institutions may achieve the goals established in KRS 164.003(2)]. 24
(c) Funds appropriated to the research challenge trust fund s hall be apportioned 25
two-thirds (2/3) to the University of Kentucky and one -third (1/3) to the 26
University of Louisville. 27
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(2) The Council on Postsecondary Education shall develop the criteria and process for 1
submission of an application under this section. T he evaluation of all applications 2
for support of specific faculty research projects, if such projects are included in the 3
university's plan for use of research trust funds, shall be subject to review and 4
ranking by an external panel of experts appointed ac cording to guidelines and 5
procedures approved by the council in consultation with the University of Kentucky 6
and the University of Louisville. The University of Kentucky and the University of 7
Louisville may apply to the council for financial assistance fro m the research 8
challenge trust fund. The council shall determine the matching funds or internal 9
reallocation requirements from the applicants to qualify for funding. Financial 10
assistance that may be awarded by the council shall be consistent with the adopt ed 11
strategic agenda, the biennial budget process, and the availability of any resources 12
to the research challenge trust fund. 13
Section 14. KRS 164.7919 is amended to read as follows: 14
(1) (a) The comprehensive university excellence trust fund created by KRS 164.7911 15
shall consist of six (6) separate accounts: one (1) for Eastern Kentucky 16
University; one (1) for Kentucky State University; one (1) for Morehead State 17
University; one (1) for Murray State University; one (1) for Northern 18
Kentucky University; and one (1) for Western Kentucky University. 19
(b) Funds appropriated to the comprehensive university excellence trust fund or 20
any subsidiary fund created by the Council on Postsecondary Education shall 21
be apportioned to each o f the comprehensive universities proportional to their 22
respective share of total general fund appropriations in each fiscal year, 23
excluding debt service appropriations and specialized, noninstructional 24
appropriations. 25
(c) The purpose of the comprehensive u niversity excellence trust fund is to 26
provide financial assistance to encourage comprehensive universities to 27
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develop at least one (1) nationally recognized program of distinction or at 1
least one (1) nationally recognized applied research program [ consistent with 2
the goals established in KRS 164.003(2)]. 3
(2) The council shall develop the criteria and process for submission of an application 4
under this section. Each university may apply to the council for financial assistance 5
from the comprehensive universit y excellence trust fund. The council shall 6
determine the matching funds or internal reallocation requirements from the 7
applicants to qualify for funding. Financial assistance that may be awarded by the 8
council shall be consistent with the adopted strategic agenda, the biennial budget 9
process, and the availability of any resources to the comprehensive university 10
excellence trust fund. 11
Section 15. KRS 45.238 is amended to read as follows: 12
(1) Debts that are certified by an agency or by a local government as provided in KRS 13
45.237 shall be referred to the department for collection. The department shall be 14
vested with all the powers necessary to collect any referred debts. 15
(2) (a) For those debts deemed unfeasible or cost inef fective to pursue, the 16
department shall maintain written records of the debt and the reason the debt 17
was deemed unfeasible or cost ineffective to pursue. 18
(b) In the case of agencies, these debts shall be written off in accordance with 19
administrative regulations promulgated under the authority of subsection (6) 20
of this section. 21
(c) In the case of local governments, these debts shall be returned to the referring 22
local government for further action. 23
(d) In the case of public postsecondary education institution s, these debts shall 24
be returned to the referring institution, except that enrollment -related debts 25
and liquidated debts shall only be returned to the referring institution in 26
accordance with Section 16 of this Act. 27
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(3) (a) All certified debts of agencies received by the department after the sixty (60) 1
day collection period allowed in KRS 45.237(4), and all certified debts of a 2
local government received by the department after the ninety (90) day 3
collection period allowed by KRS 45.237(5), shall be subject to: 4
1. Interest at the tax interest rate determined under KRS 131.183 on the 5
amount of the debt plus all accruals authorized by law, from the date the 6
debt is certified to the department until it is satisfied; and 7
2. A one (1) time twenty-five percent (25%) collection fee imposed on the 8
amount of the debt plus all accruals authorized by law, as of the time of 9
referral. 10
(b) The department may retain the collection fee. 11
(c) In the case of agencies and the Court of Justice, reco vered funds and interest 12
may, at the discretion of the secretary of the Finance and Administration 13
Cabinet, be returned to the agency certifying the debt or improper payment or 14
to the Court of Justice for allocation as otherwise provided by law. If the 15
recovered funds and interest are not returned to the agency or Court of Justice, 16
the amounts shall be deposited in the budget reserve trust fund established in 17
KRS 48.705, except for Medicaid benefits and funds required by law to be 18
remitted to a federal agency. 19
(d) In the case of local governments, recovered funds and interest shall be 20
returned to the referring local government for allocation as provided by 21
ordinance, resolution, or as otherwise provided by law. 22
(e) In the case of public postsecondary educati on institutions, recovered funds 23
and interest shall be returned to the referring institution less the collection 24
fee retained by the department under paragraphs (a) and (b) of this 25
subsection. 26
(4) The commissioner of the department may refer to the Attorne y General any 27
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unsatisfied claim, demand, account, or judgment in favor of the Commonwealth for 1
further civil or criminal action under KRS 15.060. 2
(5) (a) The department shall report annually by October 1 to the Legislative Research 3
Commission on all referr ed certified debts, including at least a summary of 4
the debts by agency, fund type, and age, the latter compiled in the following 5
four (4) categories: 6
1. Debts from ninety (90) to one hundred seventy-nine (179) days old; 7
2. Debts from one hundred eighty (180) to three hundred sixty -four (364) 8
days old; 9
3. Debts over one (1) year old but less than three (3) years old; and 10
4. Debts three (3) years old or older. 11
(b) The annual report shall also include the collection amount of t he debts in 12
paragraph (a) of this subsection and the accounts to which the amounts are 13
credited. 14
(6) The department shall promulgate administrative regulations in accordance with 15
KRS Chapter 13A to establish standards that agencies shall use in determining 16
when to write debts off the books. 17
(7) This section shall not affect the collection of delinquent taxes by sheriffs or county 18
attorneys under KRS 91A.070 or 134.504. 19
Section 16. KRS 45.241 is amended to read as follows: 20
(1) As used in this section and Section 15 of this Act: 21
(a) "Debt" means: 22
1. For agencies, a sum certain which has been certified by an agency as 23
due and owing; and 24
2. For local governments, a sum certain which has been certified by a local 25
government as due and owing, including but not limited to any 26
delinquent taxes or fees other than delinquent real and personal property 27
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taxes; 1
(b) "Liquidated debt" means: 2
1. For agencies, a legal debt for a sum certain which has been certified by 3
an agency as final due and owing, all appeals and legal actions having 4
been exhausted; 5
2. For local governments, a legal debt for a sum certain which has been 6
certified by a local government as final due and owing, all appeals and 7
legal actions having been exhausted, including but not limited to any 8
delinquent taxes or fees other than delinquent real and personal property 9
taxes; and 10
3. For the Court of Justice, a legal debt including any fine, fee, court costs, 11
or restitution due the Commonwealth, which have been imposed by a 12
final sentence of a trial court of the Commonwealth and for which the 13
time permitted for payment pursuant to the provisions of KRS 534.020 14
has expired; 15
(c) "Agency" means an organizational unit or administrative body in the 16
executive branch of state government, as defined in KRS 12.010; 17
(d) "Department" means the Department of Revenue; 18
(e) "Court of Justice" means the Administrative Office of the Courts, all courts, 19
and all clerks of the courts; 20
(f) "Forgivable loan agreement" means a loan agreement entered i nto between an 21
agency and a borrower that establishes specific conditions, which, if satisfied 22
by the borrower, allows the agency to forgive a portion or all of the loan; 23
(g) "Improper payment" means a payment made to a vendor, provider, or 24
recipient due to error, fraud, or abuse;[ and] 25
(h) "Local government" means any city, county, urban -county government, 26
consolidated local government, charter county, or unified local government of 27
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the Commonwealth; and 1
(i) "Enrollment-related debt" means a sum certain wh ich has been certified by 2
a public postsecondary education institution as due and owing by virtue of 3
enrollment at the institution, including debt incurred for tuition, fees, 4
student housing, student dining, and other enrollment-related costs. 5
(2) Each age ncy and the Court of Justice shall develop, maintain, and update in a 6
timely manner an ongoing inventory of each debt owed to it, including debts due to 7
improper payments, and shall make every reasonable effort to collect each debt. 8
Within sixty (60) days after the identification of a debt, each agency shall begin 9
administrative action to collect the debt. 10
(3) The Auditor of Public Accounts shall review each agency's debt identification and 11
collection procedures as part of the annual audit of state agencies. 12
(4) An agency shall not forgive any debt owed to it unless that agency has entered into 13
a forgivable loan agreement with a borrower, or unless otherwise provided by 14
statute. 15
(5) For those agencies without statutory procedures for collecting debts, the 16
Department of Revenue shall promulgate administrative regulations in accordance 17
with KRS Chapter 13A to prescribe standards and procedures with which those 18
agencies shall comply regarding collection of debts, notices to persons owing debt, 19
information to be monitored concerning the debts, and an appeals process. 20
(6) (a) Each agency and the Court of Justice shall identify all liquidated debts, 21
including debts due to improper payments, and shall submit a list of those 22
liquidated debts in the form and manner prescribed by the department to the 23
department for review. The department shall review the information submitted 24
by the agencies and the Court of Justice and shall, within ninety (90) days of 25
receipt of the information, determine whether it would be cost -effective for 26
the department to further pursue collection of the liquidated debts. 27
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(b) A local government, after making reasonable efforts to collect its debts, may 1
by ordinance, resolution, or otherwise pursuant to law, submit a list of its 2
liquidated debts that have been due and owing for more than ninety (90) days 3
to the department for review to determine whether it would be cost -effective 4
for the department to pursue collection of the liquidated debts. The 5
department shall review the information submitted by a local government and 6
shall, within ninety (90) days of receipt of the information, determine whether 7
it would be cost -effective for the department to further pursue collection of 8
the liquidated debts. 9
(c) The department may, after consultation with the agency, Court of Justice, or a 10
local government, return the liq uidated debt to the entity submitting the 11
liquidated debt if: 12
1. The request for review contains insufficient information; or 13
2. The debt is not feasible to collect. 14
Any return of a liquidated debt shall be in writing, and shall state why the debt 15
is being returned. 16
(d) The department shall identify in writing to the submitting agency, Court of 17
Justice, or local government, the liquidated debts it has determined that it can 18
pursue in a cost -effective manner, and the agency, Court of Justice, or local 19
government shall officially refer the identified liquidated debts to the 20
department for collection. 21
(e) The agency, Court of Justice, and local government shall retain a complete 22
record of all liquidated debts referred to the department for collection until the 23
debt is collected, forgiven, or returned as uncollectible. 24
(f) Each agency, the Court of Justice, and local government shall make 25
appropriate accounting of any uncollected debt as prescribed by law. 26
(7) (a) If the agency recovers the debt funds prior to r eferral to the department, the 27
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agency shall retain the collected funds in accordance with its statutory 1
authority. 2
(b) 1. Upon referral of a liquidated debt or enrollment -related debt to the 3
department, the liquidated debt or enrollment-related debt shall accrue 4
the following amounts: 5
a. Interest on the total amount of the debt plus legal accruals at the 6
tax interest rate provided in KRS 131.183, from the time of 7
referral until paid; and 8
b. A one (1) time twenty -five percent (25%) collection fee on the 9
total amount of the debt plus legal accruals, as of the time of 10
referral; 11
unless the interest and collection fee are waived by the department. 12
2. The interest and collection fee shall be in addition to any other costs 13
accrued prior to the time of referral. 14
3. The department may deduct and retain from the liquidated debt 15
recovered an amount equal to the lesser of the collection fee or the 16
actual expenses incurred in the collection of the debt. 17
4. In the case of agencies and the Court of Justice, any funds recov ered by 18
the department after the deduction of the department's cost of collection 19
expenses may, at the discretion of the secretary of the Finance and 20
Administration Cabinet, be returned to the agency identifying the 21
liquidated debt or to the Court of Justi ce for allocation as otherwise 22
provided by law. If the recovered funds and interest are not returned to 23
the agency or Court of Justice, the amounts shall be deposited in the 24
general fund, except for Medicaid benefits funds and funds required by 25
law to be r emitted to a federal agency, which shall be remitted as 26
required by law. 27
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5. In the case of local governments, any funds recovered by the department 1
after the deduction of the department's cost of collection expenses shall 2
be returned to the local governmen t referring the liquidated debt, for 3
allocation as provided by ordinance, resolution, or as otherwise provided 4
by law. 5
(c) Nothing in this section shall prohibit the department from entering into a 6
memorandum of agreement with an agency pursuant to KRS 131 .130(11), for 7
collection of debts prior to liquidation. If an agency enters into an agreement 8
with the department, the agency shall retain funds collected according to the 9
provisions of the agreement. 10
(d) This section shall not affect any agreement between the department and an 11
agency entered into under KRS 131.130(11) that is in effect on July 13, 2004, 12
that provides for the collection of liquidated debts by the department on behalf 13
of the agency. 14
(e) This section shall not affect the collection of delinqu ent taxes by sheriffs or 15
county attorneys under KRS 91A.070 or 134.504. 16
(f) This section shall not affect the collection of performance or reclamation 17
bonds. 18
(g) 1. Notwithstanding any other provision of this section, each public 19
postsecondary education institution and the department: 20
a. Shall enter into an annual memorandum of agreement pursuant 21
to Section 17 of this Act for collection of enrollment -related 22
debts and liquidated debts referred by the institution; and 23
b. May enter into a memorandum of agreement pursuant to Section 24
17 of this Act for collection of other debts prior to liquidation. 25
2. The department is authorized to collect enrollment -related debts, 26
liquidated debts, and other debts designated in a memorand um of 27
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agreement with a public postsecondary education institution on behalf 1
of a referring institution. 2
3. The department shall not decline to collect a specific enrollment -3
related debt or liquidated debt that is referred to the department by a 4
public postsecondary education institution unless the department: 5
a. Performs an individualized analysis of the debt; 6
b. Determines that the debt is not: 7
i. An enrollment-related debt; 8
ii. Liquidated debt; or 9
iii. Feasible to collect; and 10
c. Provides a written state ment to the referring institution that 11
includes an individualized analysis of the reason the specific debt 12
cannot be collected by the department. 13
(8) Upon receipt of a referred liquidated debt or enrollment-related debt and after its 14
determination that th e debt is feasible and cost -effective to collect, the department 15
shall pursue collection of the referred debt in accordance with KRS 131.030. 16
(9) By administrative regulation promulgated under KRS Chapter 13A, the department 17
shall prescribe the electronic format and form of, and the information required in, a 18
referral. 19
(10) (a) The department shall report annually by October 1 to the Interim Joint 20
Committee on Appropriations and Revenue on the collection of debts, 21
including debts due to improper payments, r eferred by agencies and the Court 22
of Justice. The report shall include the total amount by agency and fund type 23
of liquidated debt that has been referred to the department; the amount of each 24
referring agency's liquidated debt, by fund type, that has been collected by the 25
department; and the total amount of each referring agency's liquidated debt, 26
by fund type, that the department determined to be cost -ineffective to collect, 27
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including the reasons for the determinations. 1
(b) Each cabinet shall report annual ly by October 1 to the Interim Joint 2
Committee on Appropriations and Revenue on: 3
1. The amount of previous fiscal year unliquidated debt by agency, 4
including debts due to improper payments, fund type, category, and age, 5
the latter to be categorized as less than one (1) year, less than five (5) 6
years, less than ten (10) years, and over ten (10) years; and 7
2. The amount, by agency, of liquidated debt, including debts due to 8
improper payments, not referred to the department; a summary, by 9
criteria listed in su bsection (6)(a) of this section, of reasons the 10
department provided for not requesting referral of those liquidated 11
debts; and a summary of the actions each agency is taking to collect 12
those liquidated debts. 13
(c) Beginning on October 1, 2005, the Court of Justice shall report annually by 14
October 1 of each year to the Interim Joint Committee on Appropriations and 15
Revenue the amount of previous fiscal year unliquidated debt by county and 16
whether in the Circuit Court or District Court; and fund type and age, t he 17
latter categorized as less than one (1) year, less than five (5) years, less than 18
ten (10) years, and over ten (10) years. The first year for which the Court of 19
Justice shall be required to report is the fiscal year beginning on July 1, 2004 20
and ending on June 30, 2005. The Court of Justice shall not be required to 21
report unliquidated debts in existence prior to July 1, 2004. 22
(d) The Finance and Administration Cabinet shall report annually by October 1 to 23
the Interim Joint Committee on Appropriations and Revenue on the amount of 24
the General Government Cabinet's unliquidated debt by agency, fund type, 25
and age, the latter categorized as less than one (1) year, less than five (5) 26
years, less than ten (10) years, and over ten (10) years. 27
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(11) At the time of s ubmission of a liquidated debt to the department for review, the 1
referring agency, the Court of Justice, or, where feasible, the local government shall 2
provide information about the debt to the State Treasurer for the Treasurer's action 3
under KRS 44.030(1). 4
Section 17. KRS 131.130 is amended to read as follows: 5
Without limitation of other duties assigned to it by law, the following powers and duties 6
are vested in the department: 7
(1) The department may promulgate administr ative regulations, and direct proceedings 8
and actions, for the administration and enforcement of all tax laws of this state. To 9
assist taxpayers in understanding and interpreting the tax laws, the department may, 10
through incorporation by reference, include examples as part of any administrative 11
regulation. The examples may include demonstrative, nonexclusive lists of items if 12
the department determines the lists would be helpful to taxpayers in understanding 13
the application of the tax laws. 14
(2) The departmen t, by representatives it appoints in writing, may take testimony or 15
depositions, and may examine hard copy or electronic records, any person's 16
documents, files, and equipment if those records, documents, or equipment will 17
furnish knowledge concerning any t axpayer's tax liability, when it deems this 18
reasonably necessary to the performance of its functions. The department may 19
enforce this right by application to the Circuit Court in the county where the person 20
is domiciled or has his or her principal office, or by application to the Franklin 21
Circuit Court, which courts may compel compliance with the orders of the 22
department. 23
(3) The department shall prescribe the style, and determine and enforce the use or 24
manner of keeping, of all assessment and tax forms and records employed by state 25
and county officials, and may prescribe forms necessary for the administration of 26
any revenue law. 27
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(4) The department shall advise on all questions respecting the construction of state 1
revenue laws and its application to various classes of taxpayers and property. 2
(5) Attorneys employed by the Finance and Administration Cabinet and approved by 3
the Attorney General as provided in KRS 15.020 may prosecute all violations of the 4
criminal and penal laws relating to revenue and taxation. If a Finance and 5
Administration Cabine t attorney undertakes any of the actions prescribed in this 6
subsection, that attorney shall be authorized to exercise all powers and perform all 7
duties in respect to the criminal actions or proceedings which the prosecuting 8
attorney would otherwise perform or exercise, including the authority to sign, file, 9
and present any complaints, affidavits, information, presentments, accusations, 10
indictments, subpoenas, and processes of any kind, and to appear before all grand 11
juries, courts, or tribunals. 12
(6) In the event of the incapacity of attorneys employed by the Finance and 13
Administration Cabinet or at the request of the secretary of the Finance and 14
Administration Cabinet, the Attorney General or his or her designee shall prosecute 15
all violations of the criminal and penal laws relating to revenue and taxation. If the 16
Attorney General undertakes any of the actions prescribed in this subsection, he or 17
she shall be authorized to exercise all powers and perform all duties in respect to 18
the criminal actions or proceedings which the prosecuting attorney would otherwise 19
perform or exercise, including but not limited to the authority to sign, file, and 20
present any and all complaints, affidavits, information, presentments, accusations, 21
indictments, subpoenas, and processes of any kind, and to appear before all grand 22
juries, courts, or tribunals. 23
(7) The department may require the Commonwealth's attorneys and county attorneys to 24
prosecute actions and proceedings and perform other services incident to the 25
enforcement of laws assigned to the department for administration. 26
(8) (a) Notwithstanding KRS Chapter 13A, the department may research the fields of 27
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taxation, finance, and local government administration, publish its findings, 1
respond to the public's and taxpayers' questions, and publish its responses. 2
(b) To assist taxpayers and the public in understanding and interpreting the tax 3
laws, the department: 4
1. May include examples as part of any response or publication. The 5
examples may include demonstrative, nonexclusive lists of items, if the 6
department determines that the list would be helpful to taxpayers in 7
understanding the application of the tax laws; and 8
2. Shall publish its administrative writings, tax forms, and instructions to 9
those tax forms on its official website in accordance with KRS 10
131.020(1)(b). 11
(9) The department may promulgate administrative regulations necessary to establish a 12
system of taxpayer identifying numbers for the purpose of securing proper 13
identification of taxpayers subject to any tax laws or other revenue measure of this 14
state, and may require the taxpayer to place on any return, report, statement, or 15
other document required to be filed, any number assigned pursuant to the 16
administrative regulations. 17
(10) The department may, when it is in the best interest of the Commonwealth and 18
helpful to the efficient and effective enforcement, administration, or collection of 19
sales and use tax, motor fuels tax, or the petroleum environmental assurance fee, 20
enter into agreements with out -of-state retailers or oth er persons for the collection 21
and remittance of sales and use tax, the motor fuels tax, or the petroleum 22
environmental assurance fee. 23
(11) (a) The department may enter into annual memoranda of agreement with any 24
state agency, officer, board, commission, co rporation, institution, cabinet, 25
department, or other state organization to assume the collection duties for any 26
debts due the state entity, except for consumer debt owed for health care 27
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goods and services, and may renew that agreement for up to five (5) y ears. 1
Under such an agreement, the department shall have all the powers, rights, 2
duties, and authority with respect to the collection, refund, and administration 3
of those liquidated debts as provided under: 4
1.[(a)] KRS Chapters 131, 134, and 135 for the co llection, refund, and 5
administration of delinquent taxes; and 6
2.[(b)] Any applicable statutory provisions governing the state agency, 7
officer, board, commission, corporation, institution, cabinet, department, 8
or other state organization for the collection, refund, and administration 9
of any liquidated debts due the state entity. 10
(b) Notwithstanding paragraph (a) of this subsection, each public 11
postsecondary education institution and the department: 12
1. Shall enter into an annual memorandum of agreement for th e 13
collection of enrollment -related debts and liquidated debts in 14
accordance with Section 16 of this Act; and 15
2. May enter into an annual memorandum of agreement for the 16
collection of other debts prior to liquidation. 17
Any agreement under this paragraph shall require that recovered funds and 18
interest be returned to the referring institution in accordance with Section 19
15 of this Act. 20
(12) Notwithstanding subsection (11) of this section, KRS 45.237, 45.238, 45.241, or 21
131.030, or any agreement to the contrary , the department shall not collect or 22
continue collection duties of any consumer debts owed for health care goods and 23
services. For the purpose of this section, "consumer debt" shall be defined as a debt 24
incurred by an individual, as defined in KRS 141.010 , for a personal or family 25
purpose, regardless of whether an obligation has been reduced to judgment. 26
(13) The department may refuse to accept a personal check in payment of taxes due or 27
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collected from any person who has ever tendered a check to the state which, when 1
presented for payment, was not honored. Any check so refused shall be considered 2
as never having been tendered. 3
Section 18. KRS 164.525 is amended to read as follows: 4
(1) The Center for Mathematics is hereby created to make available professional 5
development for teachers in reliable, research -based diagnostic assessment and 6
intervention strategies, coaching and mentoring models, and other programs in 7
mathematics. The center shall be headed by an executive dire ctor and administered 8
by Northern Kentucky University [a public postsecondary education institution] . 9
The center shall: 10
(a) Act as a clearinghouse for information about professional development 11
programs for teachers that address mathematics diagnostic asses sment, 12
intervention programs, coaching and mentoring programs, and other 13
instructional strategies to address students' needs; 14
(b) Collaborate with Kentucky's other public and private postsecondary 15
institutions to develop teachers' mathematical knowledge ne eded for teaching 16
and help teachers improve students' mathematical concepts, thinking, 17
problem-solving, and skills, with an emphasis on diagnostic assessment and 18
intervention programs for students in the primary program; 19
(c) Provide teacher training to dev elop teacher leaders and teaching specialists in 20
primary programs who have skills in diagnostic assessment and intervention 21
services to assist struggling students or those who are at risk of failure in 22
mathematics. The center may contract for services in o rder to carry out this 23
responsibility; 24
(d) Maintain a demonstration and training site for mathematics located at each of 25
the public universities; 26
(e) Advise the Kentucky Department of Education and Kentucky Board of 27
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Education regarding: 1
1. Early mathematics content, diagnostic assessment practices, and 2
intervention programs; 3
2. Costs and effectiveness of various mathematics intervention programs; 4
3. Coaching and mentoring models that help improve student 5
achievements; 6
4. Trends and issues re lating to mathematics programs in schools 7
throughout the state; and 8
5. The establishment and implementation of the Middle School 9
Mathematics and Science Scholars Program established under KRS 10
158.848; and 11
(f) Disseminate information to teachers, administra tors, and policymakers on an 12
ongoing basis. 13
(2) On or before October 1 of each year, Northern Kentucky University shall submit 14
a report to the Council on Postsecondary Education and the Legislative Research 15
Commission, for referral to the appropriate inter im joint committee, on the 16
operation of the center and the impact of the center on student achievement [shall 17
select a location for the center no later than January 1, 2006. The council shall use a 18
request for proposal process. In developing the request for proposal, the council 19
shall seek advice from the Committee for Mathematics Achievement created in 20
KRS 158.842 and the commissioner of education. The center shall be located at the 21
selected university through July 1, 2011, unless funding is not available, the council 22
deems the performance of the institute to be inadequate, or the university requests 23
to discontinue its relationship to the institute. Contingent upon available funding at 24
the end of the initial cycle, and each five (5) year period thereafter, t he council shall 25
issue a request for proposal to all public postsecondary education institutions to 26
administer the center]. 27
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Section 19. KRS 164.360 is amended to read as follows: 1
(1) (a) Each board of regents for the universities shall appoint a president, appoint all 2
faculty members and employees, and fix their compensation and tenure of 3
service, subject to the provisions of subsections (2) to (5) of this section. 4
Faculty member and emplo yee appointment and removal decisions may be 5
delegated to the president in accordance with policy adopted by each board of 6
regents. 7
(b) The board of regents for the Kentucky Community and Technical College 8
System shall appoint a president, appoint all facu lty members and employees, 9
and fix their compensation and tenure of service, subject to the provisions of 10
subsections (2) to (5) of this section. Faculty member and employee 11
appointment and removal decisions may be delegated to the president in 12
accordance with policy adopted by the board of regents. 13
(2) No person shall be employed at an institution where his or her relative serves on the 14
board of regents for that institution. 15
(3) Each board may remove the president of the university or Kentucky Community 16
and Technical College System, and the president may remove any faculty member 17
or employee. 18
(4) No president or faculty member shall be removed except for cause, which shall 19
include incompetency, neglect of or refusal to perform his or her duty, immoral 20
conduct, or failure to meet college or university performance and productivity 21
requirements as determined in accordance with subsection (5) of this section. A 22
president or faculty member shall not be removed until after thirty (30) days' notice 23
in writing, stat ing the nature of the charges preferred, and after an opportunity has 24
been given him or her to make defense before the board by counsel or otherwise 25
and to introduce testimony which shall be heard and determined by the board. 26
Charges against a president sh all be preferred by the chairperson of the board upon 27
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written information furnished to him or her, and charges against a faculty member 1
shall be preferred in writing by the president unless the offense is committed in his 2
or her presence. 3
(5) (a) President and faculty member performance and productivity shall be 4
evaluated at least once every four (4) years using a process approved by each 5
board. 6
(b) Any preliminary discussions relating to the evaluation of the president by 7
the board or between the board and the president prior to the final 8
evaluation report shall be conducted in closed session pursuant to KRS 9
61.810(1)(f). 10
(c) The final performance and productivity evaluation report on the president 11
shall be in writing, discussed and adopted in an open mee ting of the board 12
and reflected in the minutes, and made available to the public upon request. 13
(d) Failure to meet performance and productivity requirements may result in 14
removal of a president or faculty member regardless of status. 15
(e) The evaluation process shall be established by each board and provided to all 16
faculty members by January 1, 2026, to become effective July 1, 2026. 17
Section 20. KRS 164.230 is amended to read as follows: 18
(1) The board of trustees has full power to suspend or remove any of the officers, 19
teachers, professors, or agents that it is authorized to appoint, but no president, 20
professor, or teacher shall be removed except for incompetency, neglect of or 21
refusal to perform his or her duty, immoral co nduct, or failure to meet college or 22
university performance and productivity requirements as determined in accordance 23
with subsection (2) of this section. A president, professor, or teacher shall not be 24
removed until after thirty (30) days' notice in writi ng, stating the nature of the 25
charges preferred, and after an opportunity has been given him or her to make 26
defense before the board by counsel or otherwise and to introduce testimony which 27
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shall be heard and determined by the board. Officer, teacher, prof essor, or agent 1
appointment and removal decisions may be delegated to the president in accordance 2
with policy adopted by the board of trustees. 3
(2) (a) President, teacher, and professor performance and productivity shall be 4
evaluated at least once every fo ur (4) years using a process approved by the 5
board. 6
(b) Any preliminary discussions relating to the evaluation of the president by 7
the board or between the board and the president prior to the final 8
evaluation shall be conducted in closed session pursuant to KRS 9
61.810(1)(f). 10
(c) The final performance and productivity evaluation report on the president 11
shall be in writing, discussed and adopted in an open meeting of the board 12
and reflected in the minutes, and made available to the public upon request. 13
(d) Failure to meet performance and productivity requirements may result in 14
removal of a president, teacher, or professor regardless of status. The 15
evaluation process shall be established by the board and provided to all 16
faculty members by January 1, 2026, to become effective July 1, 2026. 17
Section 21. KRS 164.830 is amended to read as follows: 18
(1) The board of trustees of the University of Louisville shall constitute a body 19
corporate, with the usual corporate powers, and shall possess all the authorities, 20
immunities, rights, privileges, and franchises usually attaching to the governing 21
bodies of Kentucky public higher educational institutions. A majority of the voting 22
members of the board shall constitute a quorum for the transaction of business. 23
Powers of the board shall include the following: 24
(a) Appointment of a president, all faculty members, and other personnel and 25
determination of the compensation, duties, and official relations of each. No 26
relative of a board of trustee member shall be employed by the university. 27
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Faculty member and personnel appointment decisions may be delegated to the 1
president in accordance with policy adopted by the board of trustees; 2
(b) Suspension or removal of the president, officers, faculty, agents, or other 3
personnel that it is authorized to appoint, except that no president, professor, 4
or teacher shall be removed exce pt for incompetence, neglect of or refusal to 5
perform his or her duty, immoral conduct, or failure to meet college or 6
university performance and productivity requirements as determined in 7
accordance with paragraph (c) of this subsection. Any removal shall be made 8
in accordance with procedures established by law for state institutions. 9
Officer, faculty, agent, or other personnel removal decisions may be delegated 10
to the president in accordance with policy adopted by the board of trustees; 11
(c) 1. Creation of a process requiring the evaluation of the performance and 12
productivity of the president, professors, and teachers at least once every 13
four (4) years. 14
2. Any preliminary discussions relating to the evaluation of the president 15
by the board or between the boa rd and the president prior to the final 16
evaluation report shall be conducted in closed session pursuant to 17
KRS 61.810(1)(f). 18
3. The final performance and productivity evaluation of the president 19
shall be in writing, discussed and adopted in an open meeting of the 20
board and reflected in the minutes, and made available to the public 21
upon request. 22
4. Failure to meet performance and productivity requirements may result in 23
removal of a president, professor, or teacher regardless of status. 24
5. The evaluation process shall be established by the board and provided to 25
all faculty members by January 1, 2026, to become effective July 1, 26
2026; 27
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(d) Election of a chairperson, a vice chairperson to act in the absence or 1
temporary disability of the chairperson, and any othe r officers as it deems 2
wise, including the annual election of a six (6) member executive committee 3
which shall have the powers that the board delegates to it and shall operate 4
under the rules the board shall establish under its authority to make bylaws, 5
rules, and regulations consistent with this chapter. The committee shall have 6
one (1) member representing the students, faculty, and nonteaching personnel 7
with the group alternating each year. The initial appointment to the executive 8
committee after March 21, 2017, shall be a faculty member, to be followed by 9
a student and a nonteaching personnel, respectively; 10
(e) Receipt, retention, and administration, on behalf of the university, subject to 11
the conditions attached, all revenues accruing from endowments, 12
appropriations, allotments, grants or bequests, and all types of property; 13
(f) Requirement of reports from the president, officers, faculty, and employees as 14
it deems necessary and proper from time to time; 15
(g) Granting degrees to graduates of the university , prescription of conditions 16
upon which postgraduate honors may be obtained, and conferment of 17
honorary degrees; 18
(h) The board shall periodically evaluate the institution's progress in 19
implementing its missions, goals, and objectives to conform to the stra tegic 20
agenda. Officers and officials shall be held accountable for the status of the 21
institution's progress; and 22
(i) The board shall adopt bylaws, rules, and regulations for the governance of its 23
members, officers, agents, and employees, which shall refere nce the member 24
removal and replacement provisions of KRS 63.080, and the board shall 25
enforce obedience to those bylaws, rules, and regulations. 26
(2) Board members shall receive no compensation for serving on the board, but shall be 27
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reimbursed for travel expenses for attending meetings and performing other official 1
functions, consistent with the reimbursement policy for state employees. Board 2
members who reside outside the Commonwealth shall not be reimbursed for out -of-3
state travel expenses. 4
(3) The provisions of KRS 164.030, 164.200, and 164.410, shall be applicable to the 5
University of Louisville, except where inconsistent with the purposes of KRS 6
164.810 to 164.870. 7
Section 22. KRS 164.131 is amended to read as follows: 8
(1) (a) The government of the University of Kentucky is vested in a board of trustees 9
appointed for a term set by law pursuant to Section 23 of the Constitution of 10
Kentucky. 11
(b) 1. All appointed and elected persons shall be required to attend and 12
complete an orientation and education program prescribed by the 13
council under KRS 164.020(24), as a condition of their service and 14
eligibility for appointment or election to a second term. 15
2. Attendance at an orientation and education program required in 16
subparagraph 1. of this paragraph shall not constitute a meeting for 17
the purposes of KRS 61.800 to 61.850 if official action is not taken, 18
regardless of how many board members are in attendance. 19
(c) The board shall periodically evaluate the institution's progress in 20
implementing its missions, goals, and objectives to conform to the strategic 21
agenda. Officers and officials shall be held accountable for the status of the 22
institution's progress. 23
(d) Board members may be removed by the Governor under the following 24
circumstances: 25
1. For cause, pursuant to KRS 63.080(2); or 26
2. Pursuant to KRS 63.080(3) or (4). 27
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(e) The board shall consist of sixteen (16) members appointed by the Governor, 1
two (2) members of the faculty of the University of Kentucky, one (1) 2
member of the University of Kentucky nonteaching personnel, and one (1) 3
member of the student body of the Unive rsity of Kentucky. The members 4
appointed by the Governor shall be subject to confirmation by the Senate. The 5
voting members of the board shall select a chairperson annually. 6
(2) (a) The terms of the appointed members shall be for six (6) years and until th eir 7
successors are appointed and qualified, unless a member is removed by the 8
Governor pursuant to KRS 63.080(2), (3), or (4), except the initial 9
appointments shall be as follows: 10
1. Two (2) members shall serve one (1) year terms; 11
2. Two (2) members shall serve two (2) year terms, one (1) of whom shall 12
be a graduate of the university, selected from a list of three (3) names 13
submitted by the alumni of the university according to rules established 14
by the board of trustees; 15
3. Three (3) members shall serve three (3) year terms; 16
4. Three (3) members shall serve four (4) year terms, one (1) of whom 17
shall be a graduate of the university, selected as under subparagraph 2. 18
of this subsection; 19
5. Three (3) members shall serve five (5) year terms; and 20
6. Three (3) members shall serve six (6) year terms, one (1) of whom shall 21
be a graduate of the university, selected as under subparagraph 2. of this 22
subsection. 23
(b) 1. Three (3) of the appointments shall be graduates of the university and 24
may include one (1) graduate of the institution who resides outside the 25
Commonwealth; 26
2. Three (3) shall be representative of agricultural interests; and 27
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3. Ten (10) shall be other distinguished citizens representative of the 1
learned professions and may include one (1) who resides outsid e of 2
Kentucky. 3
(c) The Governor shall make the appointments so as to reflect proportional 4
representation of the two (2) leading political parties of the Commonwealth 5
based on the state's voter registration and the political affiliation of each 6
appointee as of December 31 of the year preceding the date of his or her 7
appointment, and to reflect no less than proportional representation of the 8
minority racial composition of the Commonwealth based on the total minority 9
racial population using the most recent cen sus or estimate data from the 10
United States Census Bureau. If the determination of proportional minority 11
representation does not result in a whole number of minority members, it shall 12
be rounded up to the next whole number. A particular political affiliation shall 13
not be a prerequisite to appointment to the board generally; however, if any 14
person is appointed to the board that does not represent either of the two (2) 15
leading political parties of the Commonwealth, the proportional representation 16
by political affiliation requirement shall be determined and satisfied based on 17
the total number of members on the board less any members not affiliated 18
with either of the two (2) leading political parties. 19
(d) Appointments to fill vacancies shall be made for the unex pired term in the 20
same manner as provided for the original appointments. 21
(3) The two (2) University of Kentucky faculty members shall be of the rank of 22
assistant professor or above. They shall be elected by secret ballot by all University 23
of Kentucky facul ty members of the rank of assistant professor or above. Faculty 24
members shall serve for terms of three (3) years and until their successors are 25
elected and qualified. Faculty members shall be eligible for reelection, but they 26
shall be ineligible to continu e to serve as members of the board of trustees if they 27
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cease to be members of the faculty of the university. Elections to fill vacancies shall 1
be for the unexpired term in the same manner as provided for original elections. 2
(4) The nonteaching personnel me mber shall be any full -time staff member, excluding 3
the president, vice -presidents, academic deans, and academic department 4
chairpersons. The staff member shall represent all nonteaching university 5
employees, including but not limited to building facilitie s and clerical personnel. 6
The staff member shall be elected by secret ballot by the nonteaching employees. 7
The staff member shall serve a term of three (3) years and until a successor is 8
elected and qualified. The staff member shall be eligible for reelect ion, but a staff 9
member who ceases being an employee of the university shall not be eligible to 10
continue to serve as a member of the board. Elections to fill vacancies shall be for 11
the unexpired term and shall be held in the same manner as provided for the 12
original election. 13
(5) The student member shall serve a one (1) year term beginning on July 1 after being 14
elected and sworn in as student body president and ending on the following June 15
30. If the student member does not maintain the position of student b ody president 16
or the status of a full -time student at any time during that academic year, a special 17
election shall be held to select a full -time student member. The elected student 18
member shall serve for the remainder of the unexpired term. 19
(6) The number of student and employee trustees of the University of Kentucky elected 20
to the board shall not exceed four (4). 21
(7) Unless specifically approved by the board of trustees under the provisions of KRS 22
164.367, no member of the administrative staff of the unive rsity shall be directly or 23
indirectly interested in any contract with the university for the sale of property, 24
materials, supplies, equipment, or services, with exception of compensation to the 25
two (2) faculty members, and the one (1) nonteaching personnel member. 26
(8) New appointees of the board shall not serve more than two (2) consecutive terms. 27
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(9) The inability of the board to hold regular meetings, to elect a chairperson annually, 1
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 2
annual evaluation of the president of the university, or to carry out its primary 3
function to periodically evaluate the institution's progress in implementing its 4
mission, goals, and objectives to conform to the strategic agenda shall be caus e for 5
the Governor to remove all appointed members of the board and replace the entire 6
appointed membership pursuant to KRS 63.080(4). 7
Section 23. The following KRS sections are repealed: 8
164.003 Legislative findings and goals for achievement by 2020. 9
164.004 Strategic Committee on Postsecondary Education. 10
164.0285 Definitions for KRS 164.0285 to 164.0288. 11
164.0286 STEM Initiative Task Force -- Purpose -- Membership -- Steering committee 12
oversight and coordination -- Administrative attachment -- Contracting -- Funding. 13
164.0287 Duties of STEM Initiative Task Force -- Strategic plan -- Business plan. 14
164.0288 Kentucky STEM Initiative fund. 15
164.033 Local P-16 councils. 16