AN ACT relating to the establishment of the Office of Public Defense.

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AN ACT relating to the establishment of the Office of Public Defense. 1
WHEREAS, the General Assembly finds and declares that the Second Amendment 2
to the United States Constitution declares that "A well regulated Militia, being necessary 3
to the security of a free State, the right of the people to keep and bear Arms, shall not be 4
infringed"; and 5
WHEREAS, in District of Columbia v. Heller, 554 U.S. 570 (2008), the Unite d 6
States Supreme Court explained that the Second Amendment's prefatory Militia Clause 7
announces the Amendment's purpose and serves a clarifying function as to the 8
Amendment's protections. To that end, the Second Amendment guarantees the people's 9
unrestricted access to arms to repel invasions and suppress insurrections, render large 10
standing armies unnecessary, and resist tyranny; and 11
WHEREAS, the Supreme Court explained that "the people" protected by the 12
Second Amendment "unambiguously refers to all members of the political community, 13
not an unspecified subset," and presumptively extends to "all Americans"; and 14
WHEREAS, the Supreme Court further explained that the original meaning of the 15
term "Arms" used in the Second Amendment includes "weapons of offence, or armour of 16
defence";"any thing that a man wears for his defence, or takes into his hands, or useth in 17
wrath to cast at or strike another"; and at a minimum, "all firearms"; and thus, the 18
Supreme Court explained, "the Second Amendment extends, prima facie , to all 19
instruments that constitute bearable arms, even those that were not in existence at the 20
time of the founding"; and 21
WHEREAS, the Framers understood the Second Amendment to guarantee 22
armament parity between the American citizen and government infant ryman. In 1788, 23
Tench Coxe explained that "Congress have no power to disarm the militia. Their swords, 24
and every terrible implement of the soldier, are the birth-right of an American." Likewise, 25
Henry Campbell Black later explained that "the 'arms' here me ant are those of a soldier. 26
...The citizen has at all times the right to keep arms of modern warfare."; and 27
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WHEREAS, in addition to the Second Amendment to the United States 1
Constitution, Section 1 of the Constitution of Kentucky declares that "All men are , by 2
nature, free and equal, and have certain inherent and inalienable rights, among which may 3
be reckoned...The right to bear arms in defense of themselves and of the State"; and 4
WHEREAS, together, the Second Amendment to the United States Constitution and 5
Section 1 of the Constitution of Kentucky guarantee the right of the people to keep and 6
bear the "arms of modern warfare" for the defense of themselves and the State. These 7
"arms" include but are not limited to the sorts of portable, bearable machine gun s that 8
currently are in common use by law enforcement in this Commonwealth and military 9
units nationwide; and 10
WHEREAS, the National Firearms Act of 1934 and the Gun Control Act of 1968, 11
as amended, permit state governments to transfer machine guns to law -abiding citizens. 12
Specifically, 18 U.S.C. sec. 922(o)(2)(A) permits "a transfer to or by, or possession by or 13
under the authority of, the United States or any department or agency thereof or a State, 14
or a department, agency, or political subdivision thereof"; and 15
WHEREAS, Likewise, 18 U.S.C. sec. 925(a)(1) provides that the Gun Control Act 16
"shall not apply with res pect to the transportation, shipment, receipt, possession, or 17
importation of any firearm or ammunition imported for, sold or shipped to, or issued for 18
the use of, the United States or any department or agency thereof or any State or any 19
department, agency, or political subdivision thereof"; and 20
WHEREAS, it is in the public interest of the Commonwealth of Kentucky and its 21
people that American citizens be armed and better able to assist in the defense of the 22
Commonwealth, and to resist tyranny, using bearable firearms commonly used in modern 23
warfare; and 24
WHEREAS, a well -armed American populace already has proven useful in 25
defending the homeland against foreign threats, such as when patrolling coastal areas 26
during World War II; and 27
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WHEREAS, it is therefore in t he public interest that the Commonwealth provide a 1
means whereby machine guns may be obtained by citizens; and 2
WHEREAS, it is the intent of the General Assembly to create an Office of Public 3
Defense, which shall acquire and transfer machine guns to qualified persons; 4
NOW, THEREFORE, 5
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 6
SECTION 1. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 7
READ AS FOLLOWS: 8
As used in Sections 1 to 10 of this Act: 9
(1) "Director" means the director of the Office of Public Defense; 10
(2) "Machine gun" means any weapon which shoots, is designed to shoot, or can be 11
readily restored to shoot, automatically more than one (1) shot, without manual 12
reloading, by a single function of the trigger; 13
(3) "Office" means the Office of Public Defense; 14
(4) "Person" means an individual, corporation, company, association, firm, trus t, 15
partnership, society, or joint stock company; and 16
(5) "Qualified person" means a person who is eligible to purchase and possess 17
firearms under Kentucky and federal law. 18
SECTION 2. A NEW SECTION OF KRS CHAPTER 16 IS CR EATED TO 19
READ AS FOLLOWS: 20
(1) The Office of Public Defense is hereby established within the Department of 21
Kentucky State Police. 22
(2) The office shall be headed by a director who shall be, ex officio, the 23
commissioner of the Department of Kentucky State Police. 24
(3) The office shall: 25
(a) Acquire and transfer to qualified persons machine guns for the defense of 26
the Commonwealth and its people; 27
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(b) Prioritize to the extent practicable purchases of machine guns from 1
manufacturers and dealers located in the Commonwealth of Kentucky; 2
(c) Establish, maintain, and operate warehouses and distribution stations, 3
using existing Department of Kentucky State Police personnel, 4
infrastructure, and posts to the extent possible; 5
(d) Verify the eligibility of qualified persons to purchase machine guns through 6
the use of a background check conducted in the same manner as provided 7
in KRS 237.110(3); 8
(e) Report to the Governor annually, and at other times as the Governor may 9
require, concerning the condition, management, and financ ial transactions 10
of the office; and 11
(f) Do all things necessary and incidental to its powers and duties under 12
Sections 1 to 10 of this Act. 13
(4) Machine guns acquired and transferred by the office under Sections 1 to 10 of 14
this Act shall be the same as, or of like kind to, those machine guns currently in 15
use by law enforcement or the United States Armed Forces, and shall include but 16
not be limited to AR-15/M16-platform, M249-type, and MP5-type machine guns. 17
(5) The director may in his or her discretion acquire additional types of machine 18
guns beyond those identified in this section that are in common use by law 19
enforcement or the United States Armed Forces and that the director finds are 20
useful to protecting the security of a free state. 21
(6) Machine guns shall be made available for sale and transfer at each Department 22
of Kentucky State Police post. 23
SECTION 3. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) (a) Upon transfer of a machine gun to a qualified person under Sections 1 to 26
10 of this Act, the director or his or her designee shall prepare two (2) 27
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original copies of a signed and dated certificate bearing the seal of the 1
Commonwealth and identifying the q ualified person to whom the machine 2
gun was transferred. The certificate shall identify the machine gun's make, 3
model, and serial number. 4
(b) The office shall issue one (1) copy of the certificate to the qualified person 5
and retain one (1) copy in perpetuity. 6
(c) A certificate issued under this subsection shall constitute proof of 7
compliance with Sections 1 to 10 of this Act. 8
(2) Information contained within an application, registration, or records submitted 9
or created in compliance with Sections 1 to 10 of this Act shall not be used for 10
any purpose other than to determine eligibility for, or to record, a transfer under 11
Sections 1 to 10 of this Act. The information shall be confidential and exempt 12
from disclosure under the Kentucky Open Records Act, KRS 61.870 to 61.884. 13
(3) Records associated with the transfer of a machine gun that contain personally 14
identifiable information, except for the original certificate of transfer retained by 15
the office under subsection (1)(b) of this section, shall be destroyed by the office 16
five (5) years after the transfer was made. 17
SECTION 4. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) If a qualified person to whom a machine gun has been transferred under 20
Sections 1 to 10 of this Act becomes prohibited from possessing a firearm under 21
Kentucky or federal law, the person shall return the machine gun to the office 22
within seven (7) days of learning of his or her prohibited status. 23
(2) If a responsible person of a corporation, company, association, firm, trust, 24
partnership, society, or joint stock company becomes prohibited from possessing 25
a firearm under Kentucky or federal law, but not the entity itself, the entity may 26
continue to own and possess the transferred machine gun if: 27
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(a) The prohibited person is no longer a responsible person of the entity; and 1
(b) The entity has at least one (1) responsible person who remains eligible to 2
possess firearms under Kentucky and federal law. 3
(3) A machine gun returned under this section s hall be made available for sale to 4
other qualified persons and shall be discounted in price by a nonzero amount 5
determined by the director. 6
(4) The office shall not destroy a machine gun acquired by it pursuant to Sections 1 7
to 10 of this Act unless a mach ine gun returned under this section is 8
unserviceable. 9
SECTION 5. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) A qualified person may transfer a machine gun acquired under Sections 1 to 10 12
of this Ac t to another qualified person by presenting the machine gun to the 13
office. Upon payment of a transfer fee of two hundred seventy -five dollars ($275) 14
by the other qualified person, the office shall transfer the machine gun to the 15
other qualified person and issue a certificate to that person in accordance with 16
Section 3 of this Act. 17
(2) The transfer of a machine gun by descent or devise shall be made in the same 18
manner as in subsection (1) of this section, except a transfer fee shall not be 19
required. 20
SECTION 6. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) There is hereby established in the State Treasury a trust and agency account to be 23
known as the public defense fund. The fund shall consist of moneys received 24
from revenue generated under Sections 1 to 10 of this Act, state appropriations, 25
gifts, grants, and federal funds. 26
(2) The fund shall be administered by the director. 27
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(3) Amounts deposited in the fund shall be used for offsetting operational costs 1
incurred administering Sections 1 to 10 of this Act and for no other purpose. 2
(4) Fund amounts not expended at the close of a fiscal year shall lapse to the general 3
fund. 4
SECTION 7. A NEW SECTION OF KRS CHAPTER 16 IS CR EATED TO 5
READ AS FOLLOWS: 6
The director shall: 7
(1) Exercise general supervision of the conduct and business of the office; 8
(2) Promulgate administrative regulations in accordance with KRS Chapter 13A 9
necessary to direct and control the exercise of the powers and duties of the office; 10
and 11
(3) Expend funds from the public defense fund to offset operational costs incurred 12
administering Sections 1 to 10 of this Act. 13
SECTION 8. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 14
READ AS FOLLOWS: 15
The General Assembly hereby declares for purposes of 18 U.S.C. sec. 922(o)(2)(A) 16
that: 17
(1) All transfers of machi ne guns to qualified persons under Sections 1 to 10 of this 18
Act shall be deemed to have been made by and under the authority of the 19
Commonwealth of Kentucky; and 20
(2) A transferee of a machine gun under Sections 1 to 10 of this Act shall be deemed 21
to possess a machine gun that was transferred by and under the authority of the 22
Commonwealth of Kentucky. 23
SECTION 9. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) The Commonwealth, the office, the director, a nd officers or employees of the 26
office shall not be liable for damages sustained by any person because of an act 27
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or omission done in the performance of their respective duties under Sections 1 to 1
10 of this Act. 2
(2) The Commonwealth, the office, the direct or, and officers or employees of the 3
office shall not have criminal or civil liability for a criminal, unlawful, negligent, 4
or accidental act or omission committed by a transferee or any other person 5
related to a machine gun acquired and transferred under Sections 1 to 10 of this 6
Act. 7
SECTION 10. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 8
READ AS FOLLOWS: 9
(1) The director shall add a surcharge of two hundred fifty dollars ($250) to the total 10
price of a machine gun sold and transferred under Sections 1 to 10 of this Act 11
which shall be paid into the public defense fund. 12
(2) The director may add to the price of a machine gun offered for sale to qualified 13
persons an additional surcharge to be paid into the public defense fund in an 14
amount the director determines is necessary to equal and offset the cost of 15
administration of the program created by Sections 1 to 10 of this Act but not to 16
exceed fifty dollars ($50). 17
Section 11. KRS 12.020 is amended to read as follows: 18
Departments, program cabinets and their departments, and the respective major 19
administrative bodies that they include are enumerated in this section. It is not intended 20
that this enumeration of administrative bodies be all -inclusive. Every authority, board, 21
bureau, interstate compact, commission, committee, conference, council, office, or any 22
other form of organization s hall be included in or attached to the department or program 23
cabinet in which they are included or to which they are attached by statute or statutorily 24
authorized executive order; except in the case of the Personnel Board and where the 25
attached department or administrative body is headed by a constitutionally elected 26
officer, the attachment shall be solely for the purpose of dissemination of information and 27
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coordination of activities and shall not include any authority over the functions, 1
personnel, funds, equipment, facilities, or records of the department or administrative 2
body. 3
I. Cabinet for General Government - Departments headed by elected officers: 4
(1) The Governor. 5
(2) Lieutenant Governor. 6
(3) Department of State. 7
(a) Secretary of State. 8
(b) Board of Elections. 9
(c) Registry of Election Finance. 10
(4) Department of Law. 11
(a) Attorney General. 12
(5) Department of the Treasury. 13
(a) Treasurer. 14
(6) Department of Agriculture. 15
(a) Commissioner of Agriculture. 16
(b) Agricultural Development Board. 17
(c) Kentucky Agricultural Finance Corporation. 18
(7) Auditor of Public Accounts. 19
(a) Commonwealth Office of the Ombudsman. 20
II. Program cabinets headed by appointed officers: 21
(1) Justice and Public Safety Cabinet: 22
(a) Department of Kentucky State Police. 23
1. Office of Administrative Services. 24
a. Division of Operational Support. 25
b. Division of Management Services. 26
2. Office of Operations. 27
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a. Division of West Troops. 1
b. Division of East Troops. 2
c. Division of Special Enforcement. 3
d. Division of Commercial Vehicle Enforcement. 4
3. Office of Technical Services. 5
a. Division of Forensic Sciences. 6
b. Division of Electronic Services. 7
c. Division of Records Management. 8
4. Office of Public Defense. 9
(b) Department of Criminal Justice Training. 10
(c) Department of Corrections. 11
(d) Department of Juvenile Justice. 12
(e) Office of the Secretary. 13
(f) Office of Drug Control Policy. 14
(g) Office of Legal Services. 15
(h) Office of the Kentucky State Medical Examiner. 16
(i) Parole Board. 17
(j) Kentucky State Corrections Commission. 18
(k) Office of Legislative and Intergovernmental Services. 19
(l) Office of Human Resource Management. 20
1. Division of Human Resource Administration. 21
2. Division of Employee Management. 22
(m) Department of Public Advocacy. 23
(n) Office of Communications. 24
1. Information Technology Services Division. 25
(o) Office of Financial Management Services. 26
1. Division of Financial Management. 27
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(p) Grants Management Division. 1
(2) Energy and Environment Cabinet: 2
(a) Office of the Secretary. 3
1. Office of Legislative and Intergovernmental Affairs. 4
2. Office of Legal Services. 5
a. Legal Division I. 6
b. Legal Division II. 7
3. Office of Administrative Hearings. 8
4. Office of Communication. 9
5. Mine Safety Review Commission. 10
6. Office of Kentucky Nature Preserves. 11
7. Kentucky Public Service Commission. 12
(b) Department for Environmental Protection. 13
1. Office of the Commissioner. 14
2. Division for Air Quality. 15
3. Division of Water. 16
4. Division of Environmental Program Support. 17
5. Division of Waste Management. 18
6. Division of Enforcement. 19
7. Division of Compliance Assistance. 20
(c) Department for Natural Resources. 21
1. Office of the Commissioner. 22
2. Division of Mine Permits. 23
3. Division of Mine Reclamation and Enforcement. 24
4. Division of Abandoned Mine Lands. 25
5. Division of Oil and Gas. 26
6. Division of Mine Safety. 27
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7. Division of Forestry. 1
8. Division of Conservation. 2
9. Office of the Reclamation Guaranty Fund. 3
(d) Office of Energy Policy. 4
1. Division of Energy Assistance. 5
(e) Office of Administrative Services. 6
1. Division of Human Resources Management. 7
2. Division of Financial Management. 8
3. Division of Information Services. 9
(3) Public Protection Cabinet. 10
(a) Office of the Secretary. 11
1. Office of Communications and Public Outreach. 12
2. Office of Legal Services. 13
a. Insurance Legal Division. 14
b. Alcoholic Beverage Control Legal Division. 15
c. Housing, Buildings and Construction Legal Division. 16
d. Financial Institutions Legal Division. 17
e. Professional Licensing Legal Division. 18
3. Office of Administrative Hearings. 19
4. Office of Administrative Services. 20
a. Division of Human Resources. 21
b. Division of Fiscal Responsibility. 22
(b) Office of Claims and Appeals. 23
1. Board of Tax Appeals. 24
2. Board of Claims. 25
3. Crime Victims Compensation Board. 26
(c) Kentucky Boxing and Wrestling Commission. 27
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(d) Department of Alcoholic Beverage Control. 1
1. Division of Distilled Spirits. 2
2. Division of Malt Beverages. 3
3. Division of Enforcement. 4
4. Division of Tobacco, Nicotine, and Vapor Product Licensing. 5
(e) Department of Financial Institutions. 6
1. Division of Depository Institutions. 7
2. Division of Non-Depository Institutions. 8
3. Division of Securities. 9
(f) Department of Housing, Buildings and Construction. 10
1. Division of Fire Prevention. 11
2. Division of Plumbing. 12
3. Division of Heating, Ventilation, and Air Conditioning. 13
4. Division of Building Code Enforcement. 14
(g) Department of Insurance. 15
1. Division of Health and Life Insurance and Managed Care. 16
2. Division of Property and Casualty Insurance. 17
3. Division of Administrative Services. 18
4. Division of Financial Standards and Examination. 19
5. Division of Licensing. 20
6. Division of Insurance Fraud Investigation. 21
7. Division of Consumer Protection. 22
(h) Department of Professional Licensing. 23
1. Real Estate Authority. 24
2. Division of Real Property Boards. 25
(4) Transportation Cabinet: 26
(a) Department of Highways. 27
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1. Office of Project Development. 1
2. Office of Project Delivery and Preservation. 2
3. Office of Highway Safety. 3
4. Highway District Offices One through Twelve. 4
(b) Department of Vehicle Regulation. 5
(c) Department of Aviation. 6
(d) Department of Rural and Municipal Aid. 7
1. Office of Local Programs. 8
2. Office of Rural and Secondary Roads. 9
(e) Office of the Secretary. 10
1. Office of Public Affairs. 11
2. Office for Civil Rights and Small Business Development. 12
3. Office of Budget and Fiscal Management. 13
4. Office of Inspector General. 14
5. Secretary's Office of Safety. 15
(f) Office of Support Services. 16
(g) Office of Transportation Delivery. 17
(h) Office of Audits. 18
(i) Office of Human Resource Management. 19
(j) Office of Information Technology. 20
(k) Office of Legal Services. 21
(5) Cabinet for Economic Development: 22
(a) Office of the Secretary. 23
1. Office of Legal Services. 24
2. Department for Business and Community Development. 25
a. Development and Retention Division – West Kentucky. 26
b. Development, Retention, and Administrative Division – 27
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Central and East Kentucky. 1
c. Community and Workforce Development Division. 2
3. Department for Financial Services. 3
a. Kentucky Economic Development Finance Authority. 4
b. Finance and Personnel Division. 5
c. IT and Resource Management Division. 6
d. Compliance Division. 7
e. Program Administration Division. 8
f. Bluegrass State Skills Corporation. 9
g. The GRANT Commission. 10
4. Office of Strategy and Public Affairs. 11
a. Marketing and Communications Division. 12
b. Research and Strategy Division. 13
5. Office of Entrepreneurship and Innovation. 14
a. Commission on Small Business Innovation and Advocacy. 15
6. Kentucky Film Office. 16
a. Kentucky Film Leadership Council. 17
(6) Cabinet for Health and Family Services: 18
(a) Office of the Secretary. 19
1. Office of Public Affairs. 20
2. Office of Legal Services. 21
3. Office of Inspector General. 22
4. Office of Human Resource Management. 23
5. Office of Finance and Budget. 24
6. Office of Legislative and Regulatory Affairs. 25
7. Office of Administrative Services. 26
8. Office of Application Technology Services. 27
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9. Office of Data Analytics. 1
10. Office of Medical Cannabis. 2
a. Division of Enforcement and Compliance. 3
b. Division of Licensure and Access. 4
(b) Department for Public Health. 5
(c) Department for Medicaid Services. 6
(d) Department for Behavioral Health, Developmental and Intellectual 7
Disabilities. 8
(e) Department for Aging and Independent Living. 9
(f) Department for Community Based Services. 10
(g) Department for Family Resource Centers and Volunteer Services. 11
(7) Finance and Administration Cabinet: 12
(a) Office of the Secretary. 13
(b) Office of the Inspector General. 14
(c) Office of Legislative and Intergovernmental Affairs. 15
(d) Office of General Counsel. 16
(e) Office of the Controller. 17
(f) Office of Administrative Services. 18
(g) Office of Policy and Audit. 19
(h) Department for Facilities and Support Services. 20
(i) Department of Revenue. 21
(j) Commonwealth Office of Technology. 22
(k) State Property and Buildings Commission. 23
(l) Office of Equal Employment Opportunity and Contract Compliance. 24
(m) Kentucky Employees Retirement Systems. 25
(n) Commonwealth Credit Union. 26
(o) State Investment Commission. 27
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(p) Kentucky Housing Corporation. 1
(q) Kentucky Local Correctional Facilities Construction Authority. 2
(r) Kentucky Turnpike Authority. 3
(s) Historic Properties Advisory Commission. 4
(t) Kentucky Higher Education Assistance Authority. 5
(u) Kentucky River Authority. 6
(v) Kentucky Teachers' Retirement System Board of Trustees. 7
(w) Executive Branch Ethics Commission. 8
(x) Office of Fleet Management. 9
(8) Tourism, Arts and Heritage Cabinet: 10
(a) Kentucky Department of Tourism. 11
1. Division of Tourism Services. 12
2. Division of Marketing and Administration. 13
3. Division of Communications and Promotions. 14
(b) Kentucky Department of Parks. 15
1. Division of Information Technology. 16
2. Division of Human Resources. 17
3. Division of Financial Operations. 18
4. Division of Purchasing. 19
5. Division of Facilities. 20
6. Division of Park Operations. 21
7. Division of Sales, Marketing, and Customer Service. 22
8. Division of Engagement. 23
9. Division of Food Services. 24
10. Division of Rangers. 25
(c) Department of Fish and Wildlife Resources. 26
1. Division of Law Enforcement. 27
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2. Division of Administrative Services. 1
3. Division of Engineering, Infrastructure, and Technology. 2
4. Division of Fisheries. 3
5. Division of Information and Education. 4
6. Division of Wildlife. 5
7. Division of Marketing. 6
(d) Kentucky Horse Park. 7
1. Division of Support Services. 8
2. Division of Buildings and Grounds. 9
3. Division of Operational Services. 10
(e) Kentucky State Fair Board. 11
1. Office of Administrative and Information Technology Services. 12
2. Office of Human Resources and Access Control. 13
3. Division of Expositions. 14
4. Division of Kentucky Exposition Center Operations. 15
5. Division of Kentucky International Convention Center. 16
6. Division of Public Relations and Media. 17
7. Division of Venue Services. 18
8. Division of Personnel Management and Staff Development. 19
9. Division of Sales. 20
10. Division of Security and Traffic Control. 21
11. Division of Information Technology. 22
12. Division of the Louisville Arena. 23
13. Division of Fiscal and Contract Management. 24
14. Division of Access Control. 25
(f) Office of the Secretary. 26
1. Office of Finance. 27
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2. Office of Government Relations and Administration. 1
(g) Office of Legal Affairs. 2
(h) Office of Human Resources. 3
(i) Office of Public Affairs and Constituent Services. 4
(j) Office of Arts and Cultural Heritage. 5
(k) Kentucky African-American Heritage Commission. 6
(l) Kentucky Foundation for the Arts. 7
(m) Kentucky Humanities Council. 8
(n) Kentucky Heritage Council. 9
(o) Kentucky Arts Council. 10
(p) Kentucky Historical Society. 11
1. Division of Museums. 12
2. Division of Oral History and Educational Outreach. 13
3. Division of Research and Publications. 14
4. Division of Administration. 15
(q) Kentucky Center for the Arts. 16
1. Division of Governor's School for the Arts. 17
(r) Kentucky Artisans Center at Berea. 18
(s) Northern Kentucky Convention Center. 19
(t) Eastern Kentucky Exposition Center. 20
(9) Personnel Cabinet: 21
(a) Office of the Secretary. 22
(b) Department of Human Resources Administration. 23
(c) Office of Employee Relations. 24
(d) Kentucky Public Employees Deferred Compensation Authority. 25
(e) Office of Administrative Services. 26
(f) Office of Legal Services. 27
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(g) Governmental Services Center. 1
(h) Department of Employee Insurance. 2
(i) Office of Diversity, Equality, and Training. 3
(j) Office of Public Affairs. 4
(10) Education and Labor Cabinet: 5
(a) Office of the Secretary. 6
1. Office of Legal Services. 7
a. Workplace Standards Legal Division. 8
b. Workers' Claims Legal Division. 9
c. Workforce Development Legal Division. 10
2. Office of Administrative Services. 11
a. Division of Human Resources Management. 12
b. Division of Fiscal Management. 13
c. Division of Operations and Support Services. 14
3. Office of Technology Services. 15
a. Division of Information Technology Services. 16
4. Office of Policy and Audit. 17
5. Office of Legislative Services. 18
6. Office of Communications. 19
7. Office of the Kentucky Center for Statistics. 20
8. Board of the Kentucky Center for Statistics. 21
9. Early Childhood Advisory Council. 22
10. Governors' Scholars Program. 23
11. Governor's School for Entrepreneurs Program. 24
12. Foundation for Adult Education. 25
(b) Department of Education. 26
1. Kentucky Board of Education. 27
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2. Kentucky Technical Education Personnel Board. 1
3. Education Professional Standards Board. 2
(c) Board of Directors for the Center for School Safety. 3
(d) Department for Libraries and Archives. 4
(e) Kentucky Environmental Education Council. 5
(f) Kentucky Educational Television. 6
(g) Kentucky Commission on the Deaf and Hard of Hearing. 7
(h) Department of Workforce Development. 8
1. Career Development Office. 9
2. Office of Vocational Rehabilitation. 10
a. Division of Kentucky Business Enterprise. 11
b. Division of the Carl D. Perkins Vocational Training Center. 12
c. Division of Blind Services. 13
d. Division of Field Services. 14
e. Statewide Council for Vocational Rehabilitation. 15
f. Employment First Council. 16
g. Division of Program Policy and Support. 17
3. Office of Industry and Apprenticeship Services. 18
a. Division of Apprenticeship. 19
b. Division of Workforce Talent. 20
4. Kentucky Apprenticeship Council. 21
5. Division of Technical Assistance. 22
6. Office of Adult Education. 23
7. Office of the Kentucky Workforce Innovation Board. 24
(i) Department of Workplace Standards. 25
1. Division of Occupational Safety and Health Compliance. 26
2. Division of Occupational Safety and Health Education and 27
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Training. 1
3. Division of Wages and Hours. 2
(j) Office of Unemployment Insurance. 3
(k) Kentucky Unemployment Insurance Commission. 4
(l) Department of Workers' Claims. 5
1. Division of Workers' Compensation Funds. 6
2. Office of Administrative Law Judges. 7
3. Division of Claims Processing. 8
4. Division of Security and Compliance. 9
5. Division of Specialist and Medical Services. 10
6. Workers' Compensation Board. 11
(m) Workers' Compensation Funding Commission. 12
(n) Kentucky Occupational Safety and Health Standards Board. 13
(o) State Labor Relations Board. 14
(p) Employers' Mutual Insurance Authority. 15
(q) Kentucky Occupational Safety and Health Review Commission. 16
(r) Workers' Compensation Nominating Committee. 17
(s) Office of Educational Programs. 18
(t) Kentucky Workforce Innovation Board. 19
(u) Kentucky Commission on Proprietary Education. 20
(v) Kentucky Work Ready Skills Advisory Committee. 21
(w) Kentucky Geographic Education Board. 22
(x) Department for Disability Determination Services. 23
1. Division of Operations. 24
2. Division of Support Services. 25
3. Division of Specialized Cases. 26
4. Division of Case Processing. 27
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III. Other departments headed by appointed officers: 1
(1) Council on Postsecondary Education. 2
(2) Department of Military Affairs. 3
(3) Department for Local Government. 4
(4) Kentucky Commission on Human Rights. 5
(5) Kentucky Commission on Women. 6
(6) Department of Veterans' Affairs. 7
(7) Kentucky Commission on Military Affairs. 8
(8) Office of Minority Empowerment. 9
(9) Governor's Council on Wellness and Physical Activity. 10
(10) Kentucky Communications Network Authority. 11
Section 12. KRS 15A.020 is amended to read as follows: 12
(1) The Justice and Public Safety Cabinet shall have the following departments: 13
(a) Department of Corrections; 14
(b) Department of Criminal Justice Training, which shall have the following 15
divisions: 16
1. Training Operations Division; and 17
2. Administrative Division; 18
(c) Department of Juvenile Justice, which shall have the following offices and 19
divisions: 20
1. Office of Program Operations, which shall have the following divisions: 21
a. Division of Western Region; 22
b. Division of Eastern Region; and 23
c. Division of Placement Services; 24
2. Office of Support Services, which shall have the following divisions: 25
a. Division of Administrative Services; 26
b. Division of Program Services; and 27
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c. Division of Professional Development; 1
3. Office of Community and Mental Health Services, which shall have the 2
following division: 3
a. Division of Community and Mental Health Services; 4
4. Office of Detention, w hich shall require that all detention centers report 5
to one (1) supervisor who reports directly to the commissioner, and 6
which shall have the following division: 7
a. Division of Transportation; and 8
5. Division of Compliance; 9
(d) Department of Kentucky State Police, which shall have the following offices 10
and divisions: 11
1. Office of Administrative Services, which shall be headed by an 12
executive director who shall be appointed by the commissioner of the 13
Department of Kentucky State Police and who shall report t o the 14
commissioner; 15
a. Division of Operational Support, which shall be headed by a 16
director who shall be appointed by the commissioner of the 17
Department of Kentucky State Police and who shall report to the 18
executive director of the Office of Administrative Services; and 19
b. Division of Management Services, which shall be headed by a 20
director who shall be appointed by the commissioner of the 21
Department of Kentucky State Police and who shall report to the 22
executive director of the Office of Administrative Services; 23
2. Office of Operations, which shall be headed by an executive director 24
who shall be appointed by the commissioner of the Department of 25
Kentucky State Police and who shall report to the commissioner; 26
a. Division of West Troops, which shall be headed by a director who 27
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shall be appointed by the commissioner of the Department of 1
Kentucky State Police and who shall report to the executive 2
director of the Office of Operations; 3
b. Division of East Troops, which shall be headed by a director who 4
shall be appointed by the commissioner of the Department of 5
Kentucky State Police and who shall report to the executive 6
director of the Office of Operations; 7
c. Division of Special Enforcement, which shall be headed by a 8
director who shall be appointed by the commissioner of the 9
Department of Kentucky State Police and who shall report to the 10
executive director of the Office of Operations; and 11
d. Division of Commercial Vehicle Enforcement, which shall be 12
headed by a directo r who shall be appointed by the commissioner 13
of the Department of Kentucky State Police and who shall report 14
to the executive director of the Office of Operations;[ and] 15
3. Office of Technical Services, which shall be headed by an executive 16
director who shall be appointed by the commissioner of the Department 17
of Kentucky State Police and who shall report to the commissioner; 18
a. Division of Forensic Services, which shall be headed by a director 19
who shall have a minimum of a bachelor's degree in a natural 20
science and at least seven (7) years of experience in an accredited 21
forensic laboratory, who shall be appointed by the commissioner 22
of the Department of Kentucky State Police, and who shall report 23
to the executive director of the Office of Technical Services; 24
b. Division of Electronic Services, which shall be headed by a 25
director who shall be appointed by the commissioner of the 26
Department of Kentucky State Police and who shall report to the 27
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executive director of the Office of Technical Services; and 1
c. Division of Records Management, which shall be headed by a 2
director who shall be appointed by the commissioner of the 3
Department of Kentucky State Police and who shall report to the 4
executive director of the Office of Technical Services; and 5
4. Office of Public Defense, which shall be headed by a director who 6
shall be, ex officio, the commissioner of the Department of Kentucky 7
State Police; and 8
(e) Department of Public Advocacy, which shall have the following divisions: 9
1. Protection and Advocacy Division; 10
2. Division of Law Operations; 11
3. Division of Trial Services; 12
4. Division of Post-Trial Services; 13
5. Division of Conflict and Contract Services; and 14
6. Division of Education, Strategic Planning, and Recruitment. 15
(2) Each department, except for the Department of Public Advocacy, shall be headed 16
by a commissioner who shall be appointed by the secretary of the Justice and Public 17
Safety Cabinet with the approval of the Governor as required by KRS 12.040. Each 18
commissioner shall be directly responsible to the secretar y and shall have the[such] 19
functions, powers, and duties as provided by law and as the secretary may 20
prescribe. The Department of Public Advocacy shall be headed by the public 21
advocate, appointed as required by KRS 31.020, who shall be directly responsible 22
to the Public Advocacy Commission. The Department of Public Advocacy is an 23
independent state agency which shall be attached to the Justice and Public Safety 24
Cabinet for administrative purposes only. The Justice and Public Safety Cabinet 25
shall not have con trol over the Department of Public Advocacy's information 26
technology equipment and use unless granted access by court order. 27
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(3) The Justice and Public Safety Cabinet shall have the following offices and 1
divisions: 2
(a) Office of the Secretary, which shall be headed by a deputy secretary 3
appointed pursuant to KRS 12.050 and responsible for the direct 4
administrative support for the secretary and other duties as assigned by the 5
secretary, and which, with the approval of the secretary, may employ [ such] 6
staff as necessary to perform the duties, functions, and responsibilities of the 7
office; 8
(b) Office of Human Resource Management, which shall be headed by an 9
executive director appointed pursuant to KRS 12.050 who shall be responsible 10
to and report to the secreta ry and be responsible for all matters relating to 11
human resources, and who, with the approval of the secretary, may employ [ 12
such] staff as necessary to perform the duties, functions, and responsibilities 13
of the office; 14
1. Division of Human Resource Adminis tration, which shall be headed by 15
a director appointed pursuant to KRS 12.050 who shall report to the 16
executive director of the Office of Human Resource Management; and 17
2. Division of Employee Management, which shall be headed by a director 18
appointed pursu ant to KRS 12.050 who shall report to the executive 19
director of the Office of Human Resource Management; 20
(c) Office of Legal Services, which shall be headed by an executive director 21
appointed pursuant to KRS 12.050 and 12.210, that: 22
1. Shall provide legal representation and services for the cabinet; and 23
2. May investigate all complaints regarding the facilities, staff, treatment 24
of juveniles, and other matters relating to the operation of the Justice 25
and Public Safety Cabinet. If it appears that there is a violation of 26
statutes, administrative regulations, policies, court decisions, the rights 27
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of juveniles who are subject to the orders of the department, or any other 1
matter relating to the Justice and Public Safety Cabinet, the office shall 2
report to the sec retary of the Justice and Public Safety Cabinet who 3
shall, if required, refer the matter to a law enforcement agency, 4
Commonwealth's attorney, county attorney, the Attorney General, or 5
federal agencies, as appropriate. The office may be used to investigate 6
matters in which there is a suspicion of violation of written policy, 7
administrative regulation, or statutory law within the Department of 8
Public Advocacy only when the investigation will have no prejudicial 9
impact upon a person who has an existing attorn ey-client relationship 10
with the Department of Public Advocacy. Notwithstanding the 11
provisions of this subparagraph, investigation and discipline of KRS 12
Chapter 16 personnel shall continue to be conducted by the Department 13
of Kentucky State Police pursuant to KRS Chapter 16. The office shall 14
conduct no other investigations under the authority granted in this 15
subparagraph. The secretary may, by administrative order, assign the 16
investigative functions in this subparagraph to a branch within the 17
office. 18
The ex ecutive director shall be directly responsible to and report to the 19
secretary and, with the approval of the secretary, may employ[ such] attorneys 20
appointed pursuant to KRS 12.210 and other staff as necessary to perform the 21
duties, functions, and responsibilities of the office; 22
(d) Office of Legislative and Intergovernmental Services, which shall be headed 23
by an executive director appointed pursuant to KRS 12.050 who shall be 24
responsible for all matters relating to the provision of support to the Criminal 25
Justice Council, legislative liaison services, and functions and duties vested in 26
the Criminal Justice Council as described in KRS 15A.030. The executive 27
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director shall be directly responsible to and report to the secretary and may 1
employ[ such] staff as necessary to perform the duti es, functions, and 2
responsibilities of the office; 3
(e) Office of Communications, which shall be headed by an executive director 4
appointed by the secretary of the Justice and Public Safety Cabinet pursuant to 5
KRS 12.050 who shall be responsible to report to the secretary and be 6
responsible for all matters relating to communications, and who, with the 7
approval of the secretary, may employ[ such] staff as necessary to perform the 8
duties, functions, and responsibilities of the office; 9
1. Information and Technol ogy Services Division, which shall be headed 10
by a director appointed by the secretary of the Justice and Public Safety 11
Cabinet pursuant to KRS 12.050 who shall report to the executive 12
director of the Office of Communications; 13
(f) Office of Financial Manage ment Services, which shall be headed by an 14
executive director appointed by the secretary of the Justice and Public Safety 15
Cabinet pursuant to KRS 12.050 who shall be responsible to report to the 16
secretary and be responsible for all matters relating to fisc al functions, and 17
who, with the approval of the secretary, may employ [ such] staff as necessary 18
to perform the duties, functions, and responsibilities of the office; 19
1. Division of Financial Management, which shall be headed by a director 20
appointed by the secretary of the Justice and Public Safety Cabinet 21
pursuant to KRS 12.050 who shall report to the executive director of the 22
Office of Financial Management Services; 23
(g) Grants Management Division, which shall be headed by a director appointed 24
by the secret ary of the Justice and Public Safety Cabinet pursuant to KRS 25
12.050 who shall be responsible to report to the secretary and be responsible 26
for all matters relating to state and federal grants management, and who, with 27
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the approval of the secretary, may employ[ such] staff as necessary to perform 1
the duties, functions, and responsibilities of the office; 2
(h) Office of the Kentucky State Medical Examiner, which shall be headed by a 3
chief medical examiner appointed pursuant to KRS 72.240 who shall be 4
responsible for all matters relating to forensic pathology and forensic 5
toxicology and other duties as assigned by the secretary. The executive 6
director appointed pursuant to KRS 12.050 shall be responsible for all matters 7
related to the administrative support of t he Office of the State Medical 8
Examiner. The executive director shall report directly to the secretary and 9
with the approval of the secretary may employ [ such] administrative support 10
staff as necessary to perform the administrative duties, functions, and 11
responsibilities of the office. The chief medical examiner shall be directly 12
responsible to and report to the secretary and may employ [ such] staff as 13
necessary to perform the forensic duties, functions, and responsibilities of the 14
office; and 15
(i) Office of Drug Control Policy, which shall be headed by an executive director 16
appointed pursuant to KRS 12.050 who shall be responsible for all matters 17
relating to the research, coordination, and execution of drug control policy 18
and for the management of state and federal grants, including but not limited 19
to the prevention and treatment related to substance abuse. By December 31 20
of each year, the Office of Drug Control Policy shall review, approve, and 21
coordinate all current projects of any substance abuse program w hich is 22
conducted by or receives funding through agencies of the executive branch. 23
This oversight shall extend to all substance abuse programs which are 24
principally related to the prevention or treatment, or otherwise targeted at the 25
reduction, of substanc e abuse in the Commonwealth. The Office of Drug 26
Control Policy shall promulgate administrative regulations consistent with 27
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enforcing this oversight authority. The executive director shall be directly 1
responsible to and report to the secretary and may emplo y[ such] staff as 2
necessary to perform the duties, functions, and responsibilities of the office. 3