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AN ACT relating to public postsecondary education institutions. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 164.020 is amended to read as follows: 3
The Council on Postsecondary Education in Kentucky shall: 4
(1) Develop and implement the strategic agenda with the advice and counsel of the 5
Strategic Committee on Postsecondary Education. The council shall provide for and 6
direct the planning process and subsequent strategic implementation plans based on 7
the strategic agenda as provided in KRS 164.0203; 8
(2) Revise the strategic agenda and strategic implementation plan with the advice and 9
counsel of the committee as set forth in KRS 164.004; 10
(3) Develop a system of public accountability related to the strategic agenda by 11
evaluating the performance and effectiveness of the state's postsecondary system. 12
The council shall prepare a report in conjunction with the accountability reporting 13
described in KRS 164.095, which shall be submitted to the committee, the 14
Governor, and the General Assembly by December 1 annually. This report shall 15
include a description of contributions by postsecondary institutions to the quality of 16
elementary and secondary education in the Commonwealth; 17
(4) Review, revise, and approve the missions of the state's universities and the 18
Kentucky Community and Technical College System. The Council on 19
Postsecondary Education shall have the final authority to determine the compliance 20
of postsecondary institutions with their academic, service, and research missions; 21
(5) Establish and ensure that all postsecondary institutions in Kentucky cooperatively 22
provide for an integrated system of postsecondary education. The council shall 23
guard against inappropriate and unnecessary conflict and duplication by promoting 24
transferability of credits and easy access of information among institutions; 25
(6) Engage in analyses and research to determine the overall needs of postsecondary 26
education and adult education in the Commonwealth; 27 UNOFFICIAL COPY 22 RS BR 1488
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(7) Develop plans that may be required by federal legislation. The council shall for all 1
purposes of federal legislation relating to planning be considered the "single state 2
agency" as that term may be used in federal legislation. When federal legislation 3
requires additional representation on any "single state agency," the Council on 4
Postsecondary Education shall establish advisory groups necessary to satisfy federal 5
legislative or regulatory guidelines; 6
(8) (a) Determine tuition and mandatory student fees and approve the minimum 7
qualifications for admission to the state postsecondary educational system. 8
1. Tuition and mandatory student fees shall not be increased for any 9
program more than five percent (5%) a year for incoming resident 10
students and seven percent (7%) a year for any nonresident students 11
without approval from the General Assembly. 12
2. Tuition and mandatory student fees at the University of Louisville, 13
University of Kentucky, or a comprehensive university shall not be 14
increased for a resident student's continued enrollment in a program 15
of study for at least four (4) years from the date of enrollment, upon 16
the student's graduation from a program, or upon the termination of 17
the student's enrollment in the program, whichever is sooner. 18
3. If a resident student remains enrolled in a program at the University 19
of Louisville, University of Kentucky, or a comprehensive university 20
after four (4) years, the tuition and mandatory student fees charged to 21
the student for any subsequent term in the program shall not exceed 22
the amount of tuition and mandatory student fees for an incoming 23
resident student in the same program that term. 24
4. An institution shall notify any nonresident student or continuing 25
resident student of any increase of tuition or mandatory student fees at 26
least four (4) months prior to the effective date of the increase. 27 UNOFFICIAL COPY 22 RS BR 1488
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5. An increase to tuition and mandatory student fees for any program 1
shall be determined by the council or approved by a governing board 2
no later than March 1 of the preceding school year. 3
6. For the purposes of this paragraph: 4
a. "Mandatory student fee" means any fee or cost assessed to all 5
students enrolled in an institution or program of study that is not 6
tuition, including but not limited to any student recreation or 7
activity fee, student government fee, student health plan, 8
mandatory meal plan, facility fee, or technology fee; and 9
b. "Program" means an institution's undergraduate program or a 10
specific graduate program. A student shall not be deemed to 11
have switched programs upon switching from one 12
undergraduate major to another. 13
(b) In defining residency, the council shall classify a student as having Kentucky 14
residency if the student met the residency requirements at the beginning of his 15
or her last year in high school and enters a Kentucky postsecondary education 16
institution within two (2) years of high school graduation. In determining the 17
tuition for non-Kentucky residents, the council shall consider the fees required 18
of Kentucky students by institutions in adjoining states, the resident fees 19
charged by other states, the total actual per student cost of training in the 20
institutions for which the fees are being determined, and the ratios of 21
Kentucky students to non-Kentucky students comprising the enrollments of 22
the respective institutions, and other factors the council may in its sole 23
discretion deem pertinent, except that the Kentucky Community and 24
Technical College System may assess a mandatory student fee not to exceed 25
eight dollars ($8) per credit hour to be used exclusively for debt service on 26
amounts not to exceed seventy-five percent (75%) of the total projects cost of 27 UNOFFICIAL COPY 22 RS BR 1488
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the Kentucky Community and Technical College System agency bond projects 1
included in 2014 Ky. Acts ch. 117, Part II, J., 11. 2
(c)[(b)] The Kentucky Community and Technical College System mandatory fee 3
established in this subsection shall only be used for debt service on agency 4
bond projects. 5
(d)[(c)] Any fee established as provided by this subsection shall cease to be 6
assessed upon the retirement of the project bonds for which it services debt. 7
(e)[(d)] Prior to the issuance of any bonds, the Kentucky Community and 8
Technical College System shall certify in writing to the secretary of the 9
Finance and Administration Cabinet that sufficient funds have been raised to 10
meet the local match equivalent to twenty-five percent (25%) of the total 11
project cost; 12
(9) Devise, establish, and periodically review and revise policies 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 policies that provide for allocation of funds among the universities 20
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 UNOFFICIAL COPY 22 RS BR 1488
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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 services 13
and programs provided by private postsecondary institutions and shall promote 14
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 Universities 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 required in KRS 20
164.2951; 21
(15) Define and approve the offering of all postsecondary education technical, associate, 22
baccalaureate, graduate, and professional degree, certificate, or diploma programs in 23
the public postsecondary education institutions. The council shall expedite wherever 24
possible the approval of requests from the Kentucky Community and Technical 25
College System board of regents relating to new certificate, diploma, technical, or 26
associate degree programs of a vocational-technical and occupational nature. 27 UNOFFICIAL COPY 22 RS BR 1488
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Without the consent of the General Assembly, the council shall not abolish or limit 1
the total enrollment of the general program offered at any community college to 2
meet the goal of reasonable access throughout the Commonwealth to a two (2) year 3
course of general studies designed for transfer to a baccalaureate program. This 4
does not restrict or limit the authority of the council, as set forth in this section, to 5
eliminate or make changes in individual programs within that general program; 6
(16) Eliminate, in its discretion, existing programs or make any changes in existing 7
academic programs at the state's postsecondary educational institutions, taking into 8
consideration these criteria: 9
(a) Consistency with the institution's mission and the strategic agenda; 10
(b) Alignment with the priorities in the strategic implementation plan for 11
achieving the strategic agenda; 12
(c) Elimination of unnecessary duplication of programs within and among 13
institutions; and 14
(d) Efforts to create cooperative programs with other institutions through 15
traditional means, or by use of distance learning technology and electronic 16
resources, to achieve effective and efficient program delivery; 17
(17) Ensure the governing board and faculty of all postsecondary education institutions 18
are committed to providing instruction free of discrimination against students who 19
hold political views and opinions contrary to those of the governing board and 20
faculty; 21
(18) Review proposals and make recommendations to the Governor regarding the 22
establishment of new public community colleges, technical institutions, and new 23
four (4) year colleges; 24
(19) Postpone the approval of any new program at a state postsecondary educational 25
institution, unless the institution has met its equal educational opportunity goals, as 26
established by the council. In accordance with administrative regulations 27 UNOFFICIAL COPY 22 RS BR 1488
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promulgated by the council, those institutions not meeting the goals shall be able to 1
obtain a temporary waiver, if the institution has made substantial progress toward 2
meeting its equal educational opportunity goals; 3
(20) Ensure the coordination, transferability, and connectivity of technology among 4
postsecondary institutions in the Commonwealth including the development and 5
implementation of a technology plan as a component of the strategic agenda; 6
(21) Approve the teacher education programs in the public institutions that comply with 7
standards established by the Education Professional Standards Board pursuant to 8
KRS 161.028; 9
(22) Constitute the representative agency of the Commonwealth in all matters of 10
postsecondary education of a general and statewide nature which are not otherwise 11
delegated to one (1) or more institutions of postsecondary learning. The 12
responsibility may be exercised through appropriate contractual relationships with 13
individuals or agencies located within or without the Commonwealth. The authority 14
includes but is not limited to contractual arrangements for programs of research, 15
specialized training, and cultural enrichment; 16
(23) Maintain procedures for the approval of a designated receiver to provide for the 17
maintenance of student records of the public institutions of higher education and the 18
colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 19
165A.310 which offer collegiate level courses for academic credit, which cease to 20
operate. Procedures shall include assurances that, upon proper request, subject to 21
federal and state laws and regulations, copies of student records shall be made 22
available within a reasonable length of time for a minimum fee; 23
(24) Monitor and transmit a report on compliance with KRS 164.351 to the director of 24
the Legislative Research Commission for distribution to the Health and Welfare 25
Committee; 26
(25) (a) Develop in cooperation with each public university and the Kentucky 27 UNOFFICIAL COPY 22 RS BR 1488
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Community and Technical College System a comprehensive orientation and 1
education program for new members of the council and the governing boards 2
and continuing education opportunities for all council and board members. 3
For new members of the council and institutional governing boards, the 4
council shall: 5
1. Ensure that the orientation and education program comprises six (6) 6
hours of instruction time and includes but is not limited to information 7
concerning the roles of the council and governing board members, the 8
strategic agenda and the strategic implementation plan, and the 9
respective institution's mission, budget and finances, strategic plans and 10
priorities, institutional policies and procedures, board fiduciary 11
responsibilities, legal considerations including open records and open 12
meetings requirements, ethical considerations arising from board 13
membership, and the board member removal and replacement provisions 14
of KRS 63.080; 15
2. Establish delivery methods by which the orientation and education 16
program can be completed in person or electronically by new members 17
within one (1) year of their appointment or election; 18
3. Provide an annual report to the Governor and Legislative Research 19
Commission of those new board members who do not complete the 20
required orientation and education program; and 21
4. Invite governing board members of private colleges and universities 22
licensed by the Council on Postsecondary Education to participate in the 23
orientation and education program described in this subsection; 24
(b) Offer, in cooperation with the public universities and the Kentucky 25
Community and Technical College System, continuing education 26
opportunities for all council and governing board members; and 27 UNOFFICIAL COPY 22 RS BR 1488
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(c) Review and approve the orientation programs of each public university and 1
the Kentucky Community and Technical College System for their governing 2
board members to ensure that all programs and information adhere to this 3
subsection; 4
(26) Develop a financial reporting procedure to be used by all state postsecondary 5
education institutions to ensure uniformity of financial information available to state 6
agencies and the public; 7
(27) Select and appoint a president of the council under KRS 164.013; 8
(28) Employ consultants and other persons and employees as may be required for the 9
council's operations, functions, and responsibilities; 10
(29) Promulgate administrative regulations, in accordance with KRS Chapter 13A, 11
governing its powers, duties, and responsibilities as described in this section; 12
(30) Prepare and present by January 31 of each year an annual status report on 13
postsecondary education in the Commonwealth to the Governor, the Strategic 14
Committee on Postsecondary Education, and the Legislative Research Commission; 15
(31) Consider the role, function, and capacity of independent institutions of 16
postsecondary education in developing policies to meet the immediate and future 17
needs of the state. When it is found that independent institutions can meet state 18
needs effectively, state resources may be used to contract with or otherwise assist 19
independent institutions in meeting these needs; 20
(32) Create advisory groups representing the presidents, faculty, nonteaching staff, and 21
students of the public postsecondary education system and the independent colleges 22
and universities; 23
(33) Develop a statewide policy to promote employee and faculty development in state 24
and locally operated secondary area technology centers through the waiver of tuition 25
for college credit coursework in the public postsecondary education system. Any 26
regular full-time employee of a state or locally operated secondary area technology 27 UNOFFICIAL COPY 22 RS BR 1488
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center may, with prior administrative approval of the course offering institution, 1
take a maximum of six (6) credit hours per term at any public postsecondary 2
institution. The institution shall waive the tuition up to a maximum of six (6) credit 3
hours per term. The employee shall complete the Free Application for Federal 4
Student Aid to determine the level of need and eligibility for state and federal 5
financial aid programs. The amount of tuition waived shall not exceed the cost of 6
tuition at the institution less any state or federal grants received, which shall be 7
credited first to the student's tuition; 8
(34) Participate with the Kentucky Department of Education, the Kentucky Board of 9
Education, and postsecondary education institutions to ensure that academic content 10
requirements for successful entry into postsecondary education programs are 11
aligned with high school content standards and that students who master the high 12
school academic content standards shall not need remedial courses. The council 13
shall monitor the results on an ongoing basis; 14
(35) Cooperate with the Kentucky Department of Education and the Education 15
Professional Standards Board in providing information sessions to selected 16
postsecondary education content faculty and teacher educators of the high school 17
academic content standards as required under KRS 158.6453(2)(l); 18
(36) Cooperate with the Office of the Kentucky Center for Statistics and ensure the 19
participation of the public institutions as required in KRS 151B.133; 20
(37) Pursuant to KRS 63.080, review written notices from the Governor or from a board 21
of trustees or board of regents concerning removal of a board member or the entire 22
appointed membership of a board, investigate the member or board and the conduct 23
alleged to support removal, and make written recommendations to the Governor and 24
the Legislative Research Commission as to whether the member or board should be 25
removed; and 26
(38) Exercise any other powers, duties, and responsibilities necessary to carry out the 27 UNOFFICIAL COPY 22 RS BR 1488
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purposes of this chapter. Nothing in this chapter shall be construed to grant the 1
Council on Postsecondary Education authority to disestablish or eliminate any 2
college of law which became a part of the state system of higher education through 3
merger with a state college. 4
Section 2. KRS 164.131 is amended to read as follows: 5
(1) (a) The government of the University of Kentucky is vested in a board of trustees 6
appointed for a term set by law pursuant to Section 23 of the Constitution of 7
Kentucky. 8
(b) All appointed and elected persons shall be required to attend and complete an 9
orientation and education program prescribed by the council under KRS 10
164.020(25), as a condition of their service and eligibility for appointment or 11
election to a second term. 12
(c) The board shall periodically evaluate the institution's progress in 13
implementing its missions, goals, and objectives to conform to the strategic 14
agenda. Officers and officials shall be held accountable for the status of the 15
institution's progress. 16
(d) Board members may be removed by the Governor under the following 17
circumstances: 18
1. For cause, pursuant to KRS 63.080(2); or 19
2. Pursuant to KRS 63.080(3) or (4). 20
(e) The board shall consist of: 21
1. Sixteen (16) members appointed by the Governor, subject to 22
confirmation by the Senate;[,] 23
2. Two (2) members of the faculty of the University of Kentucky;[,] 24
3. One (1) member of the University of Kentucky nonteaching 25
personnel;[,] and 26
4. Three (3) members[one (1) member] of the student body of the 27 UNOFFICIAL COPY 22 RS BR 1488
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University of Kentucky. 1
a. One (1) shall be the elected student body president; 2
b. One (1) shall be another full-time student elected by the entire 3
student body; and 4
c. One (1) shall be a full-time graduate student elected by the 5
graduate student body.[ The members appointed by the Governor 6
shall be subject to confirmation by the Senate.] 7
(f) The [voting ]members of the board shall select a chairperson annually. 8
(2) (a) The terms of the appointed members shall be for six (6) years and until their 9
successors are appointed and qualified, unless a member is removed by the 10
Governor pursuant to KRS 63.080(2), (3), or (4)[, except the initial 11
appointments shall be as follows: 12
1. Two (2) members shall serve one (1) year terms; 13
2. Two (2) members shall serve two (2) year terms, one (1) of whom shall 14
be a graduate of the university, selected from a list of three (3) names 15
submitted by the alumni of the university according to rules established 16
by the board of trustees; 17
3. Three (3) members shall serve three (3) year terms; 18
4. Three (3) members shall serve four (4) year terms, one (1) of whom 19
shall be a graduate of the university, selected as under subparagraph 2. 20
of this subsection; 21
5. Three (3) members shall serve five (5) year terms; and 22
6. Three (3) members shall serve six (6) year terms, one (1) of whom shall 23
be a graduate of the university, selected as under subparagraph 2. of this 24
subsection]. 25
(b) 1. Three (3) of the appointments shall be graduates of the university and 26
may include one (1) graduate of the institution who resides outside the 27 UNOFFICIAL COPY 22 RS BR 1488
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Commonwealth; 1
2. Three (3) of the appointments shall be representative of agricultural 2
interests; and 3
3. Ten (10) of the appointments shall be other distinguished citizens 4
representative of the learned professions and may include one (1) who 5
resides outside of Kentucky. 6
(c) The Governor shall make the appointments so as to reflect proportional 7
representation of the two (2) leading political parties of the Commonwealth 8
based on the state's voter registration and the political affiliation of each 9
appointee as of December 31 of the year preceding the date of his or her 10
appointment, and to reflect no less than proportional representation of the 11
minority racial composition of the Commonwealth based on the total minority 12
racial population using the most recent census or estimate data from the 13
United States Census Bureau. If the determination of proportional minority 14
representation does not result in a whole number of minority members, it shall 15
be rounded up to the next whole number. A particular political affiliation shall 16
not be a prerequisite to appointment to the board generally; however, if any 17
person is appointed to the board that does not represent either of the two (2) 18
leading political parties of the Commonwealth, the proportional representation 19
by political affiliation requirement shall be determined and satisfied based on 20
the total number of members on the board less any members not affiliated 21
with either of the two (2) leading political parties. 22
(d) Appointments to fill vacancies shall be made for the unexpired term in the 23
same manner as provided for the original appointments. 24
(3) The two (2) University of Kentucky faculty members shall be of the rank of 25
assistant professor or above. They shall be elected by secret ballot by all University 26
of Kentucky faculty members of the rank of assistant professor or above. Faculty 27 UNOFFICIAL COPY 22 RS BR 1488
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members shall serve for terms of three (3) years and until their successors are 1
elected and qualified. Faculty members shall be eligible for reelection, but they shall 2
be ineligible to continue to serve as members of the board of trustees if they cease 3
to be members of the faculty of the university. Elections to fill vacancies shall be for 4
the unexpired term in the same manner as provided for original elections. 5
(4) The nonteaching personnel member shall be any full-time staff member, excluding 6
the president, vice-presidents, academic deans, and academic department 7
chairpersons. The staff member shall represent all nonteaching university 8
employees, including but not limited to building facilities and clerical personnel. 9
The staff member shall be elected by secret ballot by the nonteaching employees. 10
The staff member shall serve a term of three (3) years and until a successor is 11
elected and qualified. The staff member shall be eligible for reelection, but a staff 12
member who ceases being an employee of the university shall not be eligible to 13
continue to serve as a member of the board. Elections to fill vacancies shall be for 14
the unexpired term and shall be held in the same manner as provided for the original 15
election. 16
(5) (a) The student members[member] shall serve a one (1) year term beginning on 17
July 1 after being elected and sworn in as student members of the 18
board[student body president] and ending on the following June 30. 19
(b) If a[the] student member does not maintain [the position of student body 20
president or ]the status of a full-time student at any time during that academic 21
year, a special election shall be held to select a new full-time student member. 22
The newly elected student member shall serve for the remainder of the 23
unexpired term. 24
(6) The number of student and employee trustees of the University of Kentucky elected 25
to the board shall not exceed six (6)[four (4)]. 26
(7) Unless specifically approved by the board of trustees under the provisions of KRS 27 UNOFFICIAL COPY 22 RS BR 1488
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164.367, no member of the administrative staff of the university shall be directly or 1
indirectly interested in any contract with the university for the sale of property, 2
materials, supplies, equipment, or services, with exception of compensation to the 3
two (2) faculty members[,] and the one (1) nonteaching personnel member. 4
(8) New appointees of the board shall not serve more than two (2) consecutive terms. 5
(9) The inability of the board to hold regular meetings, to elect a chairperson annually, 6
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 7
annual evaluation of the president of the university, or to carry out its primary 8
function to periodically evaluate the institution's progress in implementing its 9
mission, goals, and objectives to conform to the strategic agenda shall be cause for 10
the Governor to remove all appointed members of the board and replace the entire 11
appointed membership pursuant to KRS 63.080(4). 12
Section 3. KRS 164.821 is amended to read as follows: 13
(1) (a) The government of the University of Louisville is vested in a board of trustees 14
appointed for a term set by law pursuant to Section 23 of the Constitution of 15
Kentucky. The board shall consist of: 16
1. Ten (10) members appointed by the Governor, subject to confirmation 17
by the Senate. At least one (1) of these members[whom] shall be a 18
graduate of the university; 19
2. Two (2) members[One (1) member] of the teaching faculty of the 20
University of Louisville.[ who] 21
a. One (1) shall be the chief executive of the ranking unit of faculty 22
government; and 23
b. One (1) shall be shall be of the rank of assistant professor or 24
above who is elected by secret ballot by all University of 25
Louisville faculty members of the rank of assistant professor or 26
above; 27 UNOFFICIAL COPY 22 RS BR 1488
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3. One (1) member of the permanent staff of the University of Louisville 1
who shall be the chief executive of the staff senate; and 2
4. Three (3)[one (1)] student members.[member who shall be] 3
a. One (1) shall be the president of the student body during the 4
appropriate academic year; 5
b. One (1) shall be another full-time student elected by the entire 6
student body; and 7
c. One (1) shall be a full-time graduate student elected by the 8
graduate student body. [The members appointed by the Governor 9
shall be subject to confirmation by the Senate.] 10
(b)[(a)] All appointed and elected persons shall be required to attend and 11
complete an orientation and education program prescribed by the council 12
under KRS 164.020(25), as a condition of their service and eligibility for 13
appointment or election to a second term. 14
(c)[(b)] Board members may be removed by the Governor under the following 15
circumstances: 16
1. For cause, pursuant to KRS 63.080(2); or 17
2. Pursuant to KRS 63.080(3) or(4). 18
(d)[(c)] New appointees to the board shall not serve more than two (2) 19
consecutive terms. 20
(2) (a) The student members[member] shall serve a one (1) year term beginning on 21
July 1 after being elected and sworn in as student members of the 22
board[student body president] and ending on the following June 30. 23
(b) If a[the] student member does not maintain [the position of student body 24
president or ]the status of a full-time student at any time during that academic 25
year, a special election shall be held to select a new full-time student member. 26
The newly elected student member shall serve for the remainder of the 27 UNOFFICIAL COPY 22 RS BR 1488
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unexpired term. 1
(3) The faculty members[member] and staff member shall serve one (1) year terms and 2
cease to be eligible for membership on the board of trustees upon termination of 3
their respective relationships with, or leadership positions within, the university, 4
and vacancies occurring for this reason shall be filled for the remainder of the 5
respective terms in the same manner. 6
(4) The gubernatorial appointments shall serve a term of six (6) years and until their 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 terms shall be as 9
follows: 10
(a) Two (2) members shall serve one (1) year terms; 11
(b) Two (2) members shall serve two (2) year terms; 12
(c) Two (2) members shall serve three (3) year terms; 13
(d) Two (2) members shall serve four (4) year terms; 14
(e) One (1) member shall serve a five (5) year term; and 15
(f) One (1) member shall serve a six (6) year term]. 16
(5) The Governor shall make his at-large appointments so as to divide the appointed 17
representation upon the board to reflect: 18
(a) The proportional representation of the two (2) leading political parties in the 19
Commonwealth based on the state's voter registration and the political 20
affiliation of each appointee as of December 31 of the year preceding the date 21
of his or her appointment. A particular political affiliation shall not be a 22
prerequisite to appointment to the board generally; however, if any person is 23
appointed to the board that does not represent either of the two (2) leading 24
political parties of the Commonwealth, the proportional representation by 25
political affiliation requirement shall be determined and satisfied based on the 26
total number of members on the board less any members not affiliated with 27 UNOFFICIAL COPY 22 RS BR 1488
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either of the two (2) leading political parties; and 1
(b) No less than the proportional representation of the minority racial composition 2
of the Commonwealth based on the total minority racial population using the 3
most recent census or estimate data from the United States Census Bureau. If 4
the determination of proportional minority representation does not result in a 5
whole number of minority members, it shall be rounded up to the next whole 6
number. 7
(6) Vacancies among the appointed members of the board occurring by death, 8
resignation, or any other cause, other than expiration of a term, shall be filled by 9
appointments made by the Governor for the remainder of the unexpired term, 10
subject to the qualifications set forth in this section. 11
(7) Unless specifically approved by the board of trustees under the provisions of KRS 12
164.367, no member of the teaching or administrative staff of the university shall be 13
directly or indirectly interested in any contract with the university for the sale of 14
property, materials, supplies, equipment, or services, with the exception of 15
compensation to the faculty, staff, and student members. 16
(8) The inability of the board to hold regular meetings, to elect a chairperson annually, 17
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 18
annual evaluation of the president of the university, to carry out its primary function 19
to periodically evaluate the institution's progress in implementing its mission, goals, 20
and objectives to conform to the strategic agenda, or to otherwise perform its duties 21
under KRS 164.830 shall be cause for the Governor to remove all appointed 22
members of the board and replace the entire appointed membership pursuant to 23
KRS 63.080(4). 24
Section 4. KRS 164.321 is amended to read as follows: 25
(1) Eastern Kentucky University, Morehead State University, Murray State University, 26
Western Kentucky University, Kentucky State University, Northern Kentucky 27 UNOFFICIAL COPY 22 RS BR 1488
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University, and the Kentucky Community and Technical College System shall each 1
be governed by a board of regents appointed for a term set by law pursuant to 2
Section 23 of the Constitution of Kentucky. 3
(a) Each board of the comprehensive universities shall consist of: 4
1. Eight (8) members appointed by the Governor and subject to 5
confirmation by the Senate;[,] 6
2. Two (2) members[One (1) member] of the teaching faculty;[,] 7
3. One (1) member of the university nonteaching personnel;[,] and 8
4. Three (3) members[one (1) member] of the student body of the 9
respective university or college. 10
a. One (1) shall be the president of the student body during the 11
appropriate academic year; 12
b. One (1) shall be another full-time student elected by the entire 13
student body; and 14
c. One (1) shall be a full-time graduate student elected by the 15
graduate student body[The members appointed by the Governor 16
shall be subject to confirmation by the Senate]. 17
(b) The members of the board shall select a chairperson annually. 18
(c)[(b)] The board of the Kentucky Community and Technical College System 19
shall consist of eight (8) members appointed by the Governor, two (2) 20
members of the teaching faculty, two (2) members of the nonteaching 21
personnel, and four (4)[two (2)] members of the student body. The members 22
appointed by the Governor shall be subject to confirmation by the Senate. 23
1. No more than three (3) appointed members of the board shall reside in 24
any one (1) judicial district of the Kentucky Supreme Court as of the 25
date of the appointment. 26
2. A change in residency of a gubernatorial appointee after the date of 27 UNOFFICIAL COPY 22 RS BR 1488
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appointment shall not affect the appointee's ability to serve or eligibility 1
for reappointment, except an appointee who assumes residency outside 2
the fifty (50) United States shall become immediately ineligible to serve. 3
The Council on Postsecondary Education shall notify the appointee of 4
his or her ineligibility to serve. 5
3. In making initial appointments, the Governor shall act so as to provide 6
equal representation of the two (2) sexes. In filling vacancies, the 7
Governor shall act so as to provide, inasmuch as possible, equal 8
representation of the two (2) sexes by appointing a member of the sex 9
that is the lesser represented at the time of the appointment. If the 10
remaining membership already has an equal number of males and 11
females, the Governor may appoint a member of either sex. 12
(2) The terms of appointed members shall be for six (6) years and until their successors 13
are appointed and qualified, unless a member is removed by the Governor pursuant 14
to KRS 63.080(2), (3), or (4). [, except the initial appointments to the board of 15
regents for the Kentucky Community and Technical College System shall be as 16
follows: 17
(a) One (1) member shall serve a one (1) year term; 18
(b) One (1) member shall serve a two (2) year term; 19
(c) Two (2) members shall serve three (3) year terms; 20
(d) One (1) member shall serve a four (4) year term; 21
(e) One (1) member shall serve a five (5) year term; and 22
(f) Two (2) members shall serve six (6) year terms. 23
]New appointees of a board of regents shall not serve for more than two (2) 24
consecutive terms. 25
(3) The gubernatorial appointments may include one (1) graduate of the respective 26
institution who resides outside the Commonwealth. Not more than two (2) 27 UNOFFICIAL COPY 22 RS BR 1488
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appointed members of any board shall be residents of one (1) county. The 1
appointments shall reflect the proportional representation of the two (2) leading 2
political parties of the Commonwealth based on the state's voter registration and the 3
political affiliation of each appointee as of December 31 of the year preceding the 4
date of his or her appointment. A particular political affiliation shall not be a 5
prerequisite to appointment to any board generally; however, if any person is 6
appointed to a board that does not represent either of the two (2) leading political 7
parties of the Commonwealth, the proportional representation by political affiliation 8
requirement shall be determined and satisfied based on the total number of members 9
on the board less any members not affiliated with either of the two (2) leading 10
political parties. Membership on the board shall reflect no less than proportional 11
representation of the minority racial composition of the Commonwealth based on 12
the total minority racial population using the most recent census or estimate data 13
from the United States Census Bureau. If the determination of proportional minority 14
representation does not result in a whole number of minority members, it shall be 15
rounded up to the next whole number. Membership on the board shall not be 16
incompatible with any state office. A change in residency after the date of 17
appointment shall not affect a member's ability to serve nor shall it prevent a 18
member's eligibility for reappointment, except a member who assumes residency 19
outside the fifty (50) United States shall become immediately ineligible to serve. 20
The Council on Postsecondary Education shall notify the appointee of his or her 21
ineligibility to serve. 22
(4) Appointments to fill vacancies shall be made in the same manner and within the 23
same time after the occurrence of the vacancy as regular appointments. The person 24
appointed shall hold the position for the unexpired term only. 25
(5) Each member of the board shall serve for the term for which the member is 26
appointed and until a successor is appointed and qualified, unless a member is 27 UNOFFICIAL COPY 22 RS BR 1488
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removed by the Governor pursuant to KRS 63.080(2), (3), or (4). 1
(6) (a) The faculty members[member] of a comprehensive universities[university] 2
shall be[ a] teaching or research members[member] of the faculty of their[his 3
or her] respective university of the rank of assistant professor or above. The 4
faculty members[member] shall be elected by secret ballot by all faculty 5
members of the[his or her] university of the rank of instructor, assistant 6
professor, or above. The faculty members[member] shall serve for a term of 7
three (3) years and until a[his] successor is elected and qualified. The faculty 8
members[member] shall be eligible for reelection, but [he or she ]shall not be 9
eligible to continue to serve as a member of the board if the member[he or 10
she] ceases being a member of the teaching staff of the university. Elections to 11
fill vacancies shall be for the unexpired term in the same manner as provided 12
for the original election. 13
(b) The faculty members of the Kentucky Community and Technical College 14
System shall be represented by one (1) faculty member elected from the 15
community colleges and one (1) faculty member elected from the technical 16
institutions to serve three (3) year terms and until their successors are named. 17
The faculty representative of each branch shall be elected by means of a 18
process established by the board. The faculty members may be reelected but 19
shall not serve more than two (2) consecutive terms. A faculty member shall 20
be ineligible to continue to serve as a member of the board if he or she ceases 21
to be a member of the faculty at one (1) of the institutions within the system. 22
Elections to fill vacancies shall be for the unexpired term in the same manner 23
as provided for the original election. [These two (2) members shall 24
collectively have one (1) vote which may be cast one-half (1/2) vote by each 25
member.] 26
(7) (a) The nonteaching personnel member in a comprehensive university shall be 27 UNOFFICIAL COPY 22 RS BR 1488
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any full-time staff member excluding the president, vice presidents, academic 1
deans, and academic department chairpersons. He or she shall represent all 2
nonteaching university employees including, but not limited to, building 3
facilities and clerical personnel. The member shall be elected by secret ballot 4
by the nonteaching employees. The nonteaching personnel member shall serve 5
a term of three (3) years and until a successor is elected and qualified. The 6
nonteaching personnel member shall be eligible for reelection, but he or she 7
shall not be eligible to continue to serve as a member of the board if he or she 8
ceases being an employee of the university. Elections to fill vacancies shall be 9
for the unexpired term in the same manner as provided for the original 10
election. 11
(b) The nonteaching personnel members in the Kentucky Community and 12
Technical College System shall be any full-time staff member excluding a 13
president, chancellor, vice president, academic dean, academic department 14
chair, or other administrator. They shall represent all nonteaching employees 15
in their respective branch institutions including, but not limited to, support 16
and clerical personnel. One (1) member shall be a representative from the 17
community colleges and one (1) member shall be a representative from the 18
technical institutions. They shall serve three (3) year terms and until their 19
successors are named. [These two (2) members shall collectively have one (1) 20
vote which may be cast one-half (1/2) vote by each member. ]The nonteaching 21
personnel members of each branch shall be elected by means of a process 22
established by the board. A nonteaching personnel member may be reelected 23
but shall not serve more than two (2) consecutive terms. A nonteaching 24
employee shall be ineligible to continue to serve as a member of the board if 25
that employee ceases to be a nonteaching employee at one (1) of the 26
institutions within the system. Elections to fill vacancies shall be for the 27 UNOFFICIAL COPY 22 RS BR 1488
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unexpired term in the same manner as provided for the original election. 1
(8) (a) The student members[member] on a comprehensive university board shall 2
serve a one (1) year term beginning on July 1 after being elected and sworn in 3
as student members of the board[student body president] and ending on the 4
following June 30. If a[the] student member does not maintain [the position as 5
student body president or ]the status as a full-time student at any time during 6
that academic year, a special election shall be held to select a new full-time 7
student member. The newly elected student member shall serve for the 8
remainder of the unexpired term. 9
(b) Four (4)[Two (2)] full-time student members shall be elected to the board of 10
regents for the Kentucky Community and Technical College System. Two 11
(2)[One (1)] shall be elected by[represent] students of the community colleges 12
and two (2)[one (1)] shall be elected by students of[represent] the technical 13
institutions. [The student members shall be elected by means of a process 14
established by the board. ]The student members shall serve one (1) year terms 15
beginning on July 1 after being elected and sworn in as a student member of 16
the board and ending on the following June 30. If a[the] student member does 17
not maintain the status as a full-time student, a special election shall be held to 18
fill the vacancy for the remainder of the unexpired term. [The two (2) 19
members shall collectively have one (1) vote which may be cast one-half (1/2) 20
vote by each member.] 21
(9) All appointed and elected persons shall be required to attend and complete an 22
orientation and education program prescribed by the council under KRS 23
164.020(25), as a condition of their service and eligibility for appointment or 24
election to a second term. 25
(10) Board members may be removed by the Governor under the following 26
circumstances: 27 UNOFFICIAL COPY 22 RS BR 1488
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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 meetings, to elect a 4
chairperson annually, to establish a quorum, to adopt an annual budget, to set tuition 5
rates, to conduct an annual evaluation of the president of the university or system, to 6
carry out its primary function to periodically evaluate the university's or system's 7
progress in implementing its mission, goals, and objectives to conform to the 8
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. This Act may be cited as the Kentucky Student Tuition Protection 12
and Accountability Act. 13
Section 6. This Act takes effect July 1, 2024. 14