UNOFFICIAL COPY 24 RS BR 301 Page 1 of 4 XXXX 12/22/2023 3:57 PM Jacketed AN ACT relating to the KentuckyCYBER Program and making an appropriation 1 therefor. 2 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3 SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 4 READ AS FOLLOWS: 5 (1) As used in Sections 1 to 3 of this Act: 6 (a) "Board" means the KentuckyCYBER Governing Board established in 7 Section 2 of this Act; 8 (b) "Council" means the Council on Postsecondary Education; 9 (c) "Fund" means the KentuckyCYBER fund established in Section 3 of this 10 Act; 11 (d) "Participating institution" means an institution within the postsecondary 12 education system or an institution licensed by the council that chooses to 13 participate in the KentuckyCYBER program; 14 (e) "Postsecondary education system" has the same meaning as in KRS 15 164.001; and 16 (f) "Program" means the KentuckyCYBER Program established in subsection 17 (2) of this section. 18 (2) The KentuckyCYBER Program is hereby created and established within the 19 Council on Postsecondary Education for administrative purposes. 20 (3) The purpose of the KentuckyCYBER Program shall be to: 21 (a) Create a network of cyber centers across the Commonwealth; 22 (b) Facilitate cooperation among Kentucky public and private universities, 23 public elementary and secondary education facilities, and businesses to 24 create a secure cyberinfrastructure; 25 (c) Educate state and local agencies and private sector participants about how 26 to maintain secure cyberinfrastructure; 27 UNOFFICIAL COPY 24 RS BR 301 Page 2 of 4 XXXX 12/22/2023 3:57 PM Jacketed (d) Create an innovation ecosystem for military, law enforcement, state, federal, 1 and local government, education, and private sector companies; 2 (e) Develop nonacademic, industry-based credentialing and training programs 3 to provide reskilling and upskilling across the state to complement academic 4 programs and provide the workforce needed to meet cybersecurity 5 challenges; and 6 (f) Accelerate the adoption of cybersecurity systems in the state by combining 7 the assets of higher education, state and federal agencies, and private 8 companies. 9 (4) The council shall determine the terms, conditions, and requirements of 10 applications submitted under Section 3 of this Act. The council may establish 11 procedures and standards for the review and approval of eligible grant awards 12 through the promulgation of administrative regulations in accordance with KRS 13 Chapter 13A. 14 (5) The president of the council shall have the authority to hire staff, contract for 15 services, expend funds, and operate the normal business activities of the program. 16 SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 17 READ AS FOLLOWS: 18 (1) The KentuckyCYBER Governing Board is hereby created and attached to the 19 council. 20 (2) The board shall be composed of the president or designee of any participating 21 institution. A private or public institution that chooses to participate in the 22 program shall submit a letter of intent to the president of the council and tender a 23 copy of the letter to the Legislative Research Commission. 24 (3) The chair of the board shall be chosen by a majority of members present at the 25 first meeting. Determinations of the board shall require a vote of a majority of the 26 members present. 27 UNOFFICIAL COPY 24 RS BR 301 Page 3 of 4 XXXX 12/22/2023 3:57 PM Jacketed (4) The board shall meet at least quarterly, and may meet more frequently upon the 1 call of the chair. 2 (5) The duties of every participating institution shall include but not be limited to: 3 (a) Training and upskilling a workforce to provide cybersecurity solutions for 4 Kentucky businesses, state and local government, and federal, state, and 5 local law enforcement; 6 (b) Providing cybersecurity resources, including but not limited to cyber ranges 7 and incident response teams, to assist state and local government, major 8 economic sectors including healthcare and manufacturing, and critical 9 infrastructure systems operators throughout Kentucky; 10 (c) Enhancing economic development through cybersecurity initiatives that 11 serve major economic sectors of Kentucky; 12 (d) Creating a cyber-innovation ecosystem for state and federal government, 13 law enforcement, the private sector, and K-12 and higher education 14 institutions to innovate rapidly and strengthen Kentucky’s cybersecurity 15 defenses with a qualified workforce; 16 (e) Establishing cybersecurity research centers and provide support to build the 17 research capacity necessary to successfully compete for projects funded by 18 the federal government and private industry participants; and 19 (f) Providing nonpartisan cybersecurity advice and recommendations to 20 Kentucky policymakers. 21 (6) Nothing in Sections 1 to 3 of this Act shall require any postsecondary education 22 system institution or private institution not participating in the KentuckyCYBER 23 Program to cooperate with the board in carrying out the provisions of subsection 24 (5) of this section. 25 SECTION 3. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 26 READ AS FOLLOWS: 27 UNOFFICIAL COPY 24 RS BR 301 Page 4 of 4 XXXX 12/22/2023 3:57 PM Jacketed (1) There is hereby created a trust and agency fund to be known as the 1 KentuckyCYBER fund. The fund shall consist of moneys appropriated by the 2 General Assembly, contributions, gifts, or grants made available for the purposes 3 set forth in subsection (5) of Section 2 of this Act. Any allocations made to a 4 participating institution from this fund shall be excluded from the comprehensive 5 funding model established in KRS 164.092. 6 (2) The fund shall be administered by the council subject to approval by the board. 7 (3) Amounts deposited in the fund shall be allocated based on the application by a 8 participating institution to the council and subject to approval by the board. 9 (4) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of 10 the fiscal year shall not lapse but shall be carried forward to the next fiscal year. 11 (5) Any interest earnings of the fund shall become a part of the fund and shall not 12 lapse. 13 (6) Moneys deposited in the fund are hereby appropriated for the purposes set forth 14 in subsection (5) of Section 2 of this Act and shall not be appropriated or 15 transferred by the General Assembly for any other purpose. Any moneys provided 16 to a specific university or community college shall not be included in the fund. 17 (7) Any state or federal funds appropriated or other monies granted to a participating 18 institution for enhancement of other cyber security programs shall not be subject 19 to the provisions of this section. 20