UNOFFICIAL COPY AS OF 10/18/1805 REG. SESS.05 RS SB 46/GA
AN ACT relating to reorganization.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Page 1 of 324
SB004610.100-140GA
UNOFFICIAL COPY AS OF 10/18/1805 REG. SESS.05 RS SB 46/GA
Section 1. KRS 11.065 is amended to read as follows:
(1)The secretaries of the Justice Cabinet, the Education[, Arts, and Humanities] Cabinet, the Natural Resources and Environmental Protection Cabinet, the Transportation Cabinet, the Cabinet for Economic Development, the Public Protection and Regulation Cabinet, the Cabinet for Health Services, the Cabinet for Families and Children, the Finance and Administration Cabinet, the Revenue Cabinet, the Tourism Development Cabinet, the Labor Cabinet, the Personnel Cabinet, the Governor's Executive Cabinet, the state budget director, the Governor's chief of staff, and the Lieutenant Governor shall constitute the Governor's Executive Cabinet. There shall be a vice chairman appointed by the Governor who shall serve in an advisory capacity to the Executive Cabinet. The Governor shall be the chairman, and the secretary of the Finance and Administration Cabinet shall be a second vice chairman of the Executive Cabinet. The Governor may designate others to serve as vice chairman.
(2)The cabinet shall meet not less than once every two (2) months and at other times on call of the Governor. The Executive Cabinet shall be a part of the Office of the Governor and shall not constitute a separate department or agency of the state. Members of the cabinet shall be the major assistants to the Governor in the administration of the state government and shall assist the Governor in the proper operation of his office and perform other duties the Governor may require of them.
(3)The cabinet shall consider matters involving policies and procedures the Governor or any member may place before it. The cabinet shall advise and consult with the Governor on all matters affecting the welfare of the state.
Section 2. KRS 11.182 is amended to read as follows:
(1)The membership of the commission shall consist of forty-eight (48) members who have the resources to accomplish the goals set forth in Kentucky's Appalachian Development Plan created under KRS 11.180(1).
(a)Ex-officio members shall be: the Governor; secretary of the Governor's Executive Cabinet; secretary of the Cabinet for Economic Development; secretary of the Transportation Cabinet; secretary of the Natural Resources and Environmental Protection Cabinet; secretary of the Tourism Development Cabinet; secretary of the Cabinet for Families and Children; secretary of the Cabinet for Health Services; commissioner of the Department of Workforce Investment[secretary of the Cabinet for Workforce Development]; secretary of the Education[, Arts, and Humanities] Cabinet; commissioner of the Department of Agriculture; president of the Council on Postsecondary Education; president of the Kentucky Community and Technical College System; commissioner of the Department of Education; commissioner of the Department for Local Government; executive director of the Kentucky Housing Corporation; Governor's alternate to the Appalachian Regional Commission; president of Morehead State University; executive director of the University of Kentucky Appalachian Center; director of the Center for Kentucky Rural Economic Development; state director of Rural Development of the United States Department of Agriculture; executive director of the East Kentucky Corporation; chair of the Kentucky Appalachian Advisory Council's steering committee; and two (2) vice chairs of the Kentucky Appalachian Advisory Council's Steering Committee.
(b)Members appointed by the Governor shall be:
1.A county judge/executive, mayor, executive director of an area development district, president of a community college, member of the House of Representatives, member of the Senate, and member of the state's judicial branch, all of whom shall be currently serving in the Appalachian region of the Commonwealth. The members who are a representative, a senator, and a representative of the judicial branch shall serve in a nonvoting capacity;
2.Nine (9) at-large members; and
3.One (1) member representing the Community Action Agencies of Appalachian Kentucky.
(c)Members appointed by and representing certain entities shall be: two (2) members of the Kentucky Appalachian Advisory Council; one (1) member of the University of Kentucky Office of Management and Budget; one (1) member from the Christian Appalachian Project; one (1) member appointed by the United States Representative from the Fifth Congressional District; and one (1) member appointed by the East Kentucky Leadership Foundation's board of directors.
(2)Members listed in subsection (1)(a) and (b)1. of this section shall serve during their terms of office or appointment. Members listed in subsection (1)(b)2., (1)(b)3., and (1)(c) of this section shall serve four (4) year staggered terms and may be reappointed.
(3)Members of the commission who are not state employees shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties.
(4)Each member of the commission may designate in writing over his signature an alternate with full authority, in the absence of the designating member for any reason, to attend any properly convened meeting of the commission and to participate in the consideration of any business and transactions of the commission. Any designation of an alternate may, in the discretion of the designating member, be limited to be effective only for a designated meeting or only for specified business. An alternate shall not be entitled to vote upon any business or transactions of the commission.
Section 3. KRS 12.020 is amended to read as follows:
Departments, program cabinets and their departments, and the respective major administrative bodies that they include are enumerated in this section. It is not intended that this enumeration of administrative bodies be all-inclusive. Every authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization shall be included in or attached to the department or program cabinet in which they are included or to which they are attached by statute or statutorily authorized executive order; except in the case of the Personnel Board and where the attached department or administrative body is headed by a constitutionally elected officer, the attachment shall be solely for the purpose of dissemination of information and coordination of activities and shall not include any authority over the functions, personnel, funds, equipment, facilities, or records of the department or administrative body.
I.Cabinet for General Government - Departments headed by elected officers:
1.The Governor.
2.Lieutenant Governor.
3.Department of State.
(a)Secretary of State.
(b)Board of Elections.
(c)Registry of Election Finance.
4.Department of Law.
(a)Attorney General.
5.Department of the Treasury.
(a)Treasurer.
6.Department of Agriculture.
(a)Commissioner of Agriculture.
(b)Kentucky Council on Agriculture.
7.Auditor of Public Accounts.
II.Program cabinets headed by appointed officers:
1.Justice Cabinet:
(a)Department of State Police.
(b)Department of Criminal Justice Training.
(c)Department of Corrections.
(d)Department of Juvenile Justice.
(e)Office of the Secretary.
(f)Offices of the Deputy Secretaries.
(g)Office of General Counsel.
(h)Division of Kentucky State Medical Examiners Office.
(i)Parole Board.
(j)Kentucky State Corrections Commission.
(k)Commission on Correction and Community Service.
2.Education[, Arts, and Humanities] Cabinet:
(a)Office of the Secretary.
(b)Office of Legal Services.
1. Client Assistance Program.
(c)Office of Communication.
(d)Office of Legislative and Intergovernmental Affairs.
(e)Office of Budget and Administration.
1.Division of Human Resources.
2.Division of Administrative Services.
3.Division of Technology Services.
(f)Board of Directors for the Center for School Safety.
(g)Council on Postsecondary Education.
(h)Department of Education.
1.Kentucky Board of Education.
(i)Department for Libraries and Archives.
(j)Department of Workforce Investment.
1.Office for the Blind.
2.Office of Vocational Rehabilitation.
3.Office of Career and Technical Education.
4.Office of Employment and Training.
(k)Foundation for Adult Education.
(l)Foundation for Workforce Development.
(m)Kentucky Office for the Blind State Rehabilitation Council.
(n)Kentucky Technical Education Personnel Board.
(o)Kentucky Workforce Investment Board.
(p)Statewide Council for Vocational Rehabilitation.
(q)Statewide Independent Living Council.
(r)Unemployment Insurance Commission.
(s)Education Professional Standards Board.
1.Division of Educator Preparation.
2.Division of Certification.
3.Division of Professional Learning and Assessment.
4.Division of Legal Services.
(t)Governor's Scholars Program.
(u)Kentucky Commission on the Deaf and Hard of Hearing.
(v)Kentucky Educational Television.
(w)Kentucky Environmental Education Council.
(x)Martin Luther King Commission[Department of Education.
(1)Kentucky Board of Education.
(b)Department for Libraries and Archives.
(c)Kentucky Arts Council.
(d)Kentucky Educational Television.
(e)Kentucky Historical Society.
(f)Kentucky Teachers' Retirement System Board of Trustees.
(g)Kentucky Center for the Arts.
(h)Kentucky Craft Marketing Program.
(i)Kentucky Commission on the Deaf and Hard of Hearing.
(j)Governor's Scholars Program.
(k)Governor's School for the Arts.
(l)Operations and Development Office.
(m)Kentucky Heritage Council.
(n)Kentucky African-American Heritage Commission.
(o)Board of Directors for the Center for School Safety].
3.Natural Resources and Environmental Protection Cabinet:
(a)Environmental Quality Commission.
(b)Kentucky Nature Preserves Commission.
(c)Department for Environmental Protection.
(d)Department for Natural Resources.
(e)Department for Surface Mining Reclamation and Enforcement.
(f)Office of Legal Services.
(g)Office of Information Services.
(h)Office of Inspector General.
4.Transportation Cabinet:
(a)Department of Highways.
1.Office of Program Planning and Management.
2.Office of Project Development.
3.Office of Construction and Operations.
4.Office of Intermodal Programs.
5.Highway District Offices One through Twelve.
(b)Department of Vehicle Regulation.
(c)Department of Administrative Services.
(d)Department of Fiscal Management.
(e)Department of Rural and Municipal Aid.
(f)Department of Human Resources Management.
(g)Office of the Secretary.
(h)Office of General Counsel and Legislative Affairs.
(i)Office of Public Affairs.
(j)Office of Transportation Delivery.
(k)Office of Minority Affairs.
(l)Office of Policy and Budget.
(m)Office of Technology.
(n)Office of Quality.
(o)Office of the Transportation Operations Center.
5.Cabinet for Economic Development:
(a)Department of Administration and Support.
(b)Department for Business Development.
(c)Department of Financial Incentives.
(d)Department of Community Development.
(e)Department for Regional Development.
(f)Tobacco Research Board.
(g)Kentucky Economic Development Finance Authority.
6.Environmental and Public Protection Cabinet:
(a)Public Service Commission.
(b)Department of Insurance.
(c)Department of Housing, Buildings and Construction.
(d)Department of Financial Institutions.
(e)Department of Mines and Minerals.
(f)Department of Public Advocacy.
(g)Department of Alcoholic Beverage Control.
(h)Kentucky Horse Racing Authority.
(i)Board of Claims.
(j)Crime Victims Compensation Board.
(k)Kentucky Board of Tax Appeals.
(l)Office of Petroleum Storage Tank Environmental Assurance Fund.
(m)Department of Charitable Gaming.
(n)Mine Safety Review Commission.
7.Cabinet for Families and Children:
(a)Department for Community Based Services.
(b)Department for Disability Determination Services.
(c)Public Assistance Appeals Board.
(d)Office of the Secretary.
(1)Kentucky Commission on Community Volunteerism and Service.
(e)Office of the General Counsel.
(f)Office of Program Support.
(g)Office of Family Resource and Youth Services Centers.
(h)Office of Technology Services.
(i)Office of the Ombudsman.
(j)Office of Human Resource Management.
8.Cabinet for Health Services.
(a)Department for Public Health.
(b)Department for Medicaid Services.
(c)Department for Mental Health and Mental Retardation Services.
(d)Kentucky Commission on Children with Special Health Care Needs.
(e)Office of Certificate of Need.
(f)Office of the Secretary.
(g)Office of the General Counsel.
(h)Office of the Inspector General.
(i)Office of Aging Services.
9.Finance and Administration Cabinet:
(a)Office of Financial Management.
(b)Office of the Controller.
(c)Department for Administration.
(d)Department of Facilities Management.
(e)State Property and Buildings Commission.
(f)Kentucky Pollution Abatement Authority.
(g)Kentucky Savings Bond Authority.
(h)Deferred Compensation Systems.
(i)Office of Equal Employment Opportunity Contract Compliance.
(j)Office of Capital Plaza Operations.
(k)County Officials Compensation Board.
(l)Kentucky Employees Retirement Systems.
(m)Kentucky Teachers' Retirement System Board of Trustees.
(n)Commonwealth Credit Union.
(o)[(n)]State Investment Commission.
(p)[(o)]Kentucky Housing Corporation.
(q)[(p)]Governmental Services Center.
(r)[(q)]Kentucky Local Correctional Facilities Construction Authority.
(s)[(r)]Kentucky Turnpike Authority.
(t)[(s)]Historic Properties Advisory Commission.
(u)[(t)]Kentucky Tobacco Settlement Trust Corporation.
(v)[(u)]Eastern Kentucky Exposition Center Corporation.
(w)[(v)]State Board for Proprietary Education.
10.Labor Cabinet:
(a)Department of Workplace Standards.
(b)Department of Workers' Claims.
(c)Kentucky Labor-Management Advisory Council.
(d)Occupational Safety and Health Standards Board.
(e)Prevailing Wage Review Board.
(f)Workers' Compensation Board.
(g)Kentucky Employees Insurance Association.
(h)Apprenticeship and Training Council.
(i)State Labor Relations Board.
(j)Kentucky Occupational Safety and Health Review Commission.
(k)Office of Administrative Services.
(l)Office of Information Technology.
(m)Office of Labor-Management Relations and Mediation.
(n)Office of General Counsel.
(o)Workers' Compensation Funding Commission.
(p)Employers Mutual Insurance Authority.
11.Revenue Cabinet:
(a)Department of Property Valuation.
(b)Department of Tax Administration.
(c)Office of Financial and Administrative Services.
(d)Department of Law.
(e)Department of Information Technology.
(f)Office of Taxpayer Ombudsman.
12.Tourism Development Cabinet:
(a)Department of Travel.
(b)Department of Parks.
(c)Department of Fish and Wildlife Resources.
(d)Kentucky Horse Park Commission.
(e)State Fair Board.
(f)Office of Administrative Services.
(g)Office of General Counsel.
(h)Tourism Development Finance Authority.
13.[Cabinet for Workforce Development:
(a)Department for Adult Education and Literacy.
(b)Department for Technical Education.
(c)Department of Vocational Rehabilitation.
(d)Department for the Blind.
(e)Department for Employment Services.
(f)Kentucky Technical Education Personnel Board.
(g)The Foundation for Adult Education.
(h)Department for Training and Reemployment.
(i)Office of General Counsel.
(j)Office of Communication Services.
(k)Office of Workforce Partnerships.
(l)Office of Workforce Analysis and Research.
(m)Office of Budget and Administrative Services.
(n)Office of Technology Services.
(o)Office of Quality and Human Resources.
(p)Unemployment Insurance Commission.
14.]Personnel Cabinet:
(a)Office of Administrative and Legal Services.
(b)Department for Personnel Administration.
(c)Department for Employee Relations.
(d)Kentucky Public Employees Deferred Compensation Authority.
(e)Kentucky Kare.
(f)Division of Performance Management.
(g)Division of Employee Records.
(h)Division of Staffing Services.
(i)Division of Classification and Compensation.
(j)Division of Employee Benefits.
(k)Division of Communications and Recognition.
(l)Office of Public Employee Health Insurance.
III.Other departments headed by appointed officers:
1.Department of Military Affairs.
2.[Council on Postsecondary Education.
3.]Department for Local Government.
3.[4.]Kentucky Commission on Human Rights.
4.[5.]Kentucky Commission on Women.
5.[6.]Department of Veterans' Affairs.
6.[7.]Kentucky Commission on Military Affairs.
7.[8.]The Governor's Office for Technology.
8.[9.]Commission on Small Business Advocacy.
[10.Education Professional Standards Board.]
Section 4. KRS 12.023 is amended to read as follows:
The following organizational units and administrative bodies shall be attached to the Office of the Governor:
(1)[Council on Postsecondary Education;
(2)]Department of Military Affairs;
(2)[(3)]Department for Local Government;
(3)[(4)]Kentucky Commission on Human Rights;
(4)[(5)]Kentucky Commission on Women;
(5)[(6)]Kentucky Commission on Military Affairs;
(6)[(7)]Kentucky Coal Council;
(7)[(8)]Governor's Office of Child Abuse and Domestic Violence Services;
(8)[(9)]Governor's Office for Technology;
(9)[(10)]Office of Coal Marketing and Export;
(10)[(11)]Agricultural Development Board;
(11)[(12)]Commission on Small Business Advocacy;
[(13)Office of Early Childhood Development;]
(12)[(14)]Kentucky Agency for Substance Abuse Policy;
[(15)Education Professional Standards Board;] and
(13)[(16)]Kentucky Agricultural Finance Corporation.
Section 5. KRS 12.250 is amended to read as follows:
There are established within state government the following program cabinets:
(1)Justice Cabinet.
(2)Education[, Arts, and Humanities] Cabinet.
(3)Natural Resources and Environmental Protection Cabinet.
(4)Transportation Cabinet.
(5)Cabinet for Economic Development.
(6)Public Protection and Regulation Cabinet.
(7)Cabinet for Health Services.
(8)Cabinet for Families and Children.
(9)Finance and Administration Cabinet.
(10)Tourism Development Cabinet.
(11)Revenue Cabinet.
(12)Labor Cabinet.
(13)[Cabinet for Workforce Development.
(14)]Personnel Cabinet.
Section 6. KRS 12.332 is amended to read as follows:
KY-ASAP shall:
(1)Develop a strategic plan to reduce the prevalence of smoking and drug and alcohol abuse among both the youth and adult populations in Kentucky;
(2)Monitor the data and issues related to youth alcohol and tobacco access, smoking cessation and prevention, and substance abuse policies, their impact on state and local programs, and their flexibility to adapt to the needs of local communities and service providers;
(3)Make policy recommendations to be followed to the extent permitted by budgetary restrictions and federal law, by executive branch agencies that work with smoking cessation and prevention and alcohol and substance abuse issues to ensure the greatest efficiency in agencies and to ensure that a consistency in philosophy will be applied to all efforts undertaken by the administration in initiatives related to smoking cessation and prevention and alcohol and substance abuse;
(4)Identify existing resources in each community that advocate or implement programs for smoking cessation or prevention, or drug and alcohol abuse prevention, education, or treatment;
(5)Encourage coordination among public and private, state and local, agencies, organizations, and service providers, and monitor related programs;
(6)Act as the referral source of information, utilizing existing information clearinghouse resources within the Department for Public Health and CHAMPIONS for a Drug Free Kentucky Office, relating to youth tobacco access, smoking cessation and prevention, and substance abuse prevention, cessation, and treatment programs. KY-ASAP shall identify gaps in information referral sources;
(7)Search for grant opportunities for existing programs within the Commonwealth;
(8)Make recommendations to state and local agencies and local tobacco addiction and substance abuse advisory and coordination boards;
(9)Observe programs from other states;
(10)Coordinate services among local and state agencies, including, but not limited to, the Justice Cabinet, the Cabinet for Health Services, the Cabinet for Families and Children, the Department of Agriculture, the Public Protection and Regulation Cabinet, the Administrative Office of the Courts, and the Education[, Arts, and Humanities] Cabinet;
(11)Assure the availability of training, technical assistance, and consultation to local service providers for programs funded by the Commonwealth that provide services related to tobacco addiction, smoking cessation or prevention, or alcohol or substance abuse;