UNOFFICIAL COPY 23 RS BR 1195
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AN ACT relating to donations made to the Commonwealth and declaring an 1
emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 45 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) The Kentucky contribution trust fund is established as a trust and agency account 6
in the State Treasury and shall be administered by the Public Protection Cabinet. 7
(2) The fund shall consist of all moneys: 8
(a) Solicited by any: 9
1. Person within the Governor's General Cabinet described in KRS 10
11.060 or employee thereof, within his or her official capacity; 11
2. Member of the General Assembly or employee of the Legislative 12
Research Commission, within his or her official capacity; or 13
3. Member of the Court of Justice defined in KRS 45.237 or employee 14
thereof, within his or her official capacity; 15
(b) Donated to or held by the Commonwealth, including but not limited to any 16
moneys associated with the: 17
1. Team Kentucky fund established by the Governor; 18
2. Team western Kentucky tornado relief fund established by the 19
Governor following the December 2021 storms and tornadoes that 20
occurred in the western Kentucky region; and 21
3. Team eastern Kentucky flood relief fund established by the Governor 22
following the July 2022 storms and flooding that occurred in the 23
eastern Kentucky region; and 24
(c) Not required by statute to be deposited in another fund. 25
(3) Moneys in the fund shall be: 26
(a) Accounted for separately based on the purpose for which the moneys were 27 UNOFFICIAL COPY 23 RS BR 1195
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solicited; and 1
(b) Maintained in the fund until appropriated by the General Assembly. 2
(4) Notwithstanding KRS 45.229, fund amounts not appropriated at the close of a 3
fiscal year shall not lapse but shall be carried forward into the next fiscal year. 4
(5) (a) As used in this subsection, "affiliation" means the relationship between: 5
1. Members of a family, including brothers and sisters of the whole or 6
half blood, spouse, ancestors, and lineal descendants of an individual; 7
2, An individual and a corporation, of which more than fifty percent 8
(50%) in value of the outstanding stock is owned, directly or indirectly, 9
by or for that individual; 10
3. An individual and a limited liability company or a partnership, of 11
which more than fifty percent (50%) of the capital interest or profits 12
are owned or controlled, directly or indirectly, by or for that 13
individual; or 14
4. An individual that is a grantor or a beneficiary of a trust and the 15
fiduciary of that trust. 16
(b) The secretary of the Public Protection Cabinet shall report the following 17
information beginning on the tenth day of the first month following the 18
effective date of this Act and on the tenth day of each month thereafter: 19
1. Information related to moneys deposited into the fund, including but 20
not limited to: 21
a. The name of the person, member, or employee soliciting the 22
moneys; 23
b. The purpose of the solicitation; 24
c. The type of entity making the donation, including a business 25
entity, nonprofit or charitable organization, or individual; and 26
d. The state and country of origin of the entity; and 27 UNOFFICIAL COPY 23 RS BR 1195
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2. Information related to expenditures from the fund, including but not 1
limited to: 2
a. The name and address of the person or business entity receiving 3
any moneys from the fund; 4
b. The amount of moneys received; 5
c. The date of issuance of the moneys; 6
d. The method of delivery of the moneys; 7
e. The purpose for which the moneys were granted; and 8
f. A statement regarding the affiliation, if any, between the person, 9
member, or employee soliciting the moneys and the person or 10
business entity receiving the moneys. 11
(c) The report required by paragraph (b) of this subsection shall be submitted 12
to the Senate Standing Committee on Appropriations and Revenue and the 13
House Standing Committee on Appropriations and Revenue or the Interim 14
Joint Committee on Appropriations and Revenue. 15
Section 2. KRS 12.270 is amended to read as follows: 16
(1) The secretary of each cabinet shall: 17
(a) Be a member of the Governor's Cabinet and shall serve as the Governor's 18
liaison in carrying out the responsibilities for overall direction and 19
coordination of the departments, boards, and commissions included in the 20
related cabinet; 21
(b) Recommend to the Governor desired reorganization affecting the related 22
cabinet; 23
(c) Advise the Governor on executive actions, legislative matters, and other steps 24
that may be desirable for better program service; 25
(d) Evaluate and pass upon all budget requests originated by the departments, 26
boards, and commissions within the related cabinet; 27 UNOFFICIAL COPY 23 RS BR 1195
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(e) Advise the Governor on the appointment of commissioners and heads of units 1
included in the related cabinet, except for those whose election or selection is 2
otherwise provided for by law. 3
(2) Except as provided by Section 1 of this Act, each secretary is authorized to accept 4
and expend funds from any source, whether public or private, in support of the 5
duties and responsibilities of the related cabinet. 6
(3) Each secretary shall have any and all necessary power and authority, subject to 7
appropriate provisions of the statutes, to create such positions and to employ the 8
necessary personnel in such positions to enable the secretary to perform the 9
functions of his or her office. 10
(4) Each secretary shall have exclusive control and direction over the administration of 11
the related cabinet programs as required by law. 12
Section 3. Whereas the rebuilding of Kentucky following the recent storms and 13
flooding is imperative, an emergency is declared to exist, and this Act takes effect upon 14
its passage and approval by the Governor or upon its otherwise becoming a law. 15