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AN ACT relating to the establishment of the Kentucky Healthy Farm and Food 1
Innovation Board and making an appropriation therefor. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 246 IS CREATED TO 4
READ AS FOLLOWS: 5
As used in Sections 1 to 4 of this Act, unless the context otherwise requires: 6
(1) "Board" means the Kentucky Healthy Farm and Food Innovation Board 7
established in Section 2 of this Act; 8
(2) "Commissioner" means the Commissioner of the Department of Agriculture; 9
(3) "Government-issued nutritional assistance" means federal programs such as the 10
Supplemental Nutrition Assistance Program, the Special Supplemental Nutrition 11
Program for Women, Infants, and Children, the Farmers' Market Nutrition 12
Program, and the Seniors Farmers' Market Nutrition Program; and 13
(4) "USDA" means the United States Department of Agriculture. 14
SECTION 2. A NEW SECTION OF KRS CHAPTER 246 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) The Kentucky Healthy Farm and Food Innovation Board is hereby established 17
and shall be composed of thirteen (13) voting members, as follows: 18
(a) The Commissioner of Agriculture or his or her designee, who shall serve as 19
chair; 20
(b) The secretary of the Cabinet for Health and Family Services or his or her 21
designee; and 22
(c) Eleven (11) members appointed by the Commissioner from the state at large 23
with due consideration to geographical distribution throughout the state, 24
who shall be subject to Senate confirmation in accordance with KRS 25
11.160: 26
1. Five (5) active farmers who produce fresh fruits and vegetables, at 27 UNOFFICIAL COPY 24 RS BR 344
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least four (4) of whom shall represent one (1) of the following 1
categories: 2
a. Young or beginning farmer; 3
b. Farmer who identifies as a person of color; 4
c. Female farmer; or 5
d. Representative of a protein industry; 6
2. One (1) representative of the Kentucky Farm Bureau; 7
3. One (1) representative of Community Farm Alliance; 8
4. One (1) representative of Feeding Kentucky; 9
5. One (1) representative of the Foundation for a Healthy Kentucky; 10
6. One (1) representative of the University of Kentucky Cooperative 11
Extension Service Nutrition Education Program; and 12
7. One (1) representative of the Kentucky Horticulture Council. 13
(2) The members appointed under subsection (1)(c)2. to 7. of this section shall be 14
chosen from a list of three (3) nominees submitted to the Commissioner by each 15
of the respective organizations. 16
(3) Consideration shall be given to racial and gender equity in the appointment of 17
board members. 18
(4) Members of the board shall be reimbursed for expenses incurred in the 19
performance of their duties. 20
(5) The terms of the members appointed by the Commissioner shall be for four (4) 21
years and until their successors are appointed and confirmed. A vacancy on the 22
board shall be filled for the remainder of the unexpired term in the same manner 23
as the original appointment. Members may be reappointed. 24
(6) The board shall meet quarterly or at the call of the chair or a majority of the 25
voting members. 26
(7) A quorum of the board shall consist of at least seven (7) voting members. 27 UNOFFICIAL COPY 24 RS BR 344
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(8) The board shall be attached for administrative purposes to the Department of 1
Agriculture. 2
(9) The Department of Agriculture may promulgate administrative regulations to 3
carry out Sections 1 to 4 of this Act. 4
(10) The Kentucky Healthy Farm and Food Innovation Board shall not be subject to 5
reorganization under KRS Chapter 12. 6
SECTION 3. A NEW SECTION OF KRS CHAPTER 246 IS CREATED TO 7
READ AS FOLLOWS: 8
The duties of the board shall include but are not limited to: 9
(1) Administering the healthy farm and food innovation fund established in Section 4 10
of this Act; 11
(2) Receiving applications for funds and authorizing the distribution of funds; 12
(3) Developing procedures, guidelines, and criteria for fund applications, eligibility, 13
and disbursement of funds, and the review of applications, including: 14
(a) Eligible applicants shall: 15
1. Be federally and state-authorized nonprofits based in Kentucky; 16
2. Be eligible to apply to USDA and other federal grant programs; and 17
3. Demonstrate a history of effectively managing food access programs; 18
and 19
(b) Guidelines established by the board shall ensure that funds disbursed are 20
used by shoppers enrolled in government-issued nutritional assistance at 21
participating retailers authorized by the USDA Food and Nutrition Service; 22
(4) Completing a comprehensive plan and updating the plan no less than every five 23
(5) years; 24
(5) Preparing a biennial budget and seeking funding sources; 25
(6) Adopting bylaws for the regulation of its affairs and the conduct of its business 26
and prescribing rules, regulations, and policies relating to the performance of its 27 UNOFFICIAL COPY 24 RS BR 344
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functions and duties, including the development of intergovernmental 1
relationships at the state and federal level, the seeking of funding sources, and 2
the administrative functions of the board; 3
(7) Preparing meeting minutes and full meeting reports and maintaining all records 4
and official actions of the board; and 5
(8) Preparing and submitting an annual board report to the Governor, the 6
Commissioner of Agriculture, the secretary of the Cabinet for Health and Family 7
Services, and the Legislative Research Commission on the administrative, 8
financial, and programmatic activities of the board. 9
Nothing in this section prohibits the board from applying for other sources of funding, 10
including funds through the Kentucky Agricultural Finance Corporation and the 11
Agricultural Development Board in accordance with KRS 247.944 and 248.707. 12
SECTION 4. A NEW SECTION OF KRS CHAPTER 246 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) There is hereby established in the State Treasury a restricted fund to be known as 15
the healthy farm and food innovation fund. The fund shall consist of moneys 16
received from state appropriations, private funds, grants, and federal funds. 17
(2) The fund shall be administered by the Department of Agriculture. 18
(3) Amounts deposited in the fund shall be used for disbursement to eligible healthy 19
farm and food innovation fund applicants. 20
(4) Notwithstanding KRS 45.229, fund amounts not expended at the close of the 21
fiscal year shall not lapse but shall be carried forward into the next fiscal year. 22
(5) Any interest earnings of the fund shall become part of the fund and shall not 23
lapse. 24
(6) Moneys deposited in the fund are hereby appropriated for the purposes set forth 25
in this section and shall not be appropriated or transferred by the General 26
Assembly for any other purposes. 27 UNOFFICIAL COPY 24 RS BR 344
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Section 5. KRS 18A.115 is amended to read as follows: 1
(1) The classified service to which KRS 18A.005 to 18A.200 shall apply shall comprise 2
all positions in the state service now existing or hereafter established, except the 3
following: 4
(a) The General Assembly and employees of the General Assembly, including the 5
employees of the Legislative Research Commission; 6
(b) Officers elected by popular vote and persons appointed to fill vacancies in 7
elective offices; 8
(c) Members of boards and commissions; 9
(d) Officers and employees on the staff of the Governor, the Lieutenant 10
Governor, the Office of the Secretary of the Governor's Cabinet, and the 11
Office of Program Administration; 12
(e) Cabinet secretaries, commissioners, office heads, and the administrative heads 13
of all boards and commissions, including the executive director of Kentucky 14
Educational Television; 15
(f) Employees of Kentucky Educational Television who have been determined to 16
be exempt from classified service by the Kentucky Authority for Educational 17
Television, which shall have sole authority over such exempt employees for 18
employment, dismissal, and setting of compensation, up to the maximum 19
established for the executive director and his or her principal assistants; 20
(g) One (1) principal assistant or deputy for each person exempted under 21
subsection (1)(e) of this section; 22
(h) One (1) additional principal assistant or deputy as may be necessary for 23
making and carrying out policy for each person exempted under subsection 24
(1)(e) of this section in those instances in which the nature of the functions, 25
size, or complexity of the unit involved are such that the secretary approves 26
such an addition on petition of the relevant cabinet secretary or department 27 UNOFFICIAL COPY 24 RS BR 344
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head and such other principal assistants, deputies, or other major assistants as 1
may be necessary for making and carrying out policy for each person 2
exempted under subsection (1)(e) of this section in those instances in which 3
the nature of the functions, size, or complexity of the unit involved are such 4
that the board may approve such an addition or additions on petition of the 5
department head approved by the secretary. Effective August 1, 2010: 6
1. All positions approved under this paragraph prior to August 1, 2010, 7
shall be abolished effective December 31, 2010, unless reapproved 8
under subparagraph 2. of this paragraph; and 9
2. A position approved under this paragraph on or after August 1, 2010, 10
shall be approved for a period of five (5) years, after which time the 11
position shall be abolished unless reapproved under this subparagraph 12
for an additional five (5) year period; 13
(i) Division directors subject to the provisions of KRS 18A.170. Division 14
directors in the classified service as of January 1, 1980, shall remain in the 15
classified service; 16
(j) Physicians employed as such; 17
(k) One (1) private secretary for each person exempted under subsection (1)(e), 18
(g), and (h) of this section; 19
(l) The judicial department, referees, receivers, jurors, and notaries public; 20
(m) Officers and members of the staffs of state universities and colleges and 21
student employees of such institutions; officers and employees of the 22
Teachers' Retirement System; and officers, teachers, and employees of local 23
boards of education; 24
(n) Patients or inmates employed in state institutions; 25
(o) Persons employed in a professional or scientific capacity to make or conduct a 26
temporary or special inquiry, investigation, or examination on behalf of the 27 UNOFFICIAL COPY 24 RS BR 344
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General Assembly, or a committee thereof, or by authority of the Governor, 1
and persons employed by state agencies for a specified, limited period to 2
provide professional, technical, scientific, or artistic services under the 3
provisions of KRS 45A.690 to 45A.725; 4
(p) Interim employees; 5
(q) Officers and members of the state militia; 6
(r) Department of Kentucky State Police troopers; 7
(s) University or college engineering students or other students employed part-8
time or part-year by the state through special personnel recruitment programs; 9
provided that while so employed such aides shall be under contract to work 10
full-time for the state after graduation for a period of time approved by the 11
commissioner or shall be participants in a cooperative education program 12
approved by the commissioner; 13
(t) Superintendents of state mental institutions, including heads of centers for 14
individuals with an intellectual disability, and penal and correctional 15
institutions as referred to in KRS 196.180(2); 16
(u) Staff members of the Kentucky Historical Society, if they are hired in 17
accordance with KRS 171.311; 18
(v) County and Commonwealth's attorneys and their respective appointees; 19
(w) Chief district engineers and the state highway engineer; 20
(x) Veterinarians employed as such by the Kentucky Horse Racing Commission; 21
(y) Employees of the Kentucky Peace Corps; 22
(z) Employees of the Council on Postsecondary Education; 23
(aa) Executive director of the Commonwealth Office of Technology; 24
(ab) Employees of Serve Kentucky; 25
(ac) Persons employed in certified teaching positions at the Kentucky School for 26
the Blind and the Kentucky School for the Deaf; 27 UNOFFICIAL COPY 24 RS BR 344
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(ad) Federally funded time-limited employees as defined in KRS 18A.005; and 1
(ae) Employees of the Department of Agriculture who are employed to support the 2
Agricultural Development Board,[ and] the Kentucky Agricultural Finance 3
Corporation, and the Kentucky Healthy Farm and Food Innovation Board. 4
(2) Nothing in KRS 18A.005 to 18A.200 is intended, or shall be construed, to alter or 5
amend the provisions of KRS 150.022 and 150.061. 6
(3) Nothing in KRS 18A.005 to 18A.200 is intended or shall be construed to affect any 7
nonmanagement, nonpolicy-making position which must be included in the 8
classified service as a prerequisite to the grant of federal funds to a state agency. 9
(4) Career employees within the classified service promoted to positions exempted 10
from classified service shall, upon termination of their employment in the exempted 11
service, revert to a position in that class in the agency from which they were 12
terminated if a vacancy in that class exists. If no such vacancy exists, they shall be 13
considered for employment in any vacant position for which they were qualified 14
pursuant to KRS 18A.130 and 18A.135. 15
(5) Nothing in KRS 18A.005 to 18A.200 shall be construed as precluding appointing 16
officers from filling unclassified positions in the manner in which positions in the 17
classified service are filled except as otherwise provided in KRS 18A.005 to 18
18A.200. 19
(6) The positions of employees who are transferred, effective July 1, 1998, from the 20
Cabinet for Workforce Development to the Kentucky Community and Technical 21
College System shall be abolished and the employees' names removed from the 22
roster of state employees. Employees that are transferred, effective July 1, 1998, to 23
the Kentucky Community and Technical College System under KRS Chapter 164 24
shall have the same benefits and rights as they had under KRS Chapter 18A and 25
have under KRS 164.5805; however, they shall have no guaranteed reemployment 26
rights in the KRS Chapter 151B or KRS Chapter 18A personnel systems. An 27 UNOFFICIAL COPY 24 RS BR 344
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employee who seeks reemployment in a state position under KRS Chapter 151B or 1
KRS Chapter 18A shall have years of service in the Kentucky Community and 2
Technical College System counted towards years of experience for calculating 3
benefits and compensation. 4
(7) On August 15, 2000, all certified and equivalent personnel, all unclassified 5
personnel, and all certified and equivalent and unclassified vacant positions in the 6
Department for Adult Education and Literacy shall be transferred from the 7
personnel system under KRS Chapter 151B to the personnel system under KRS 8
Chapter 18A. The positions shall be deleted from the KRS Chapter 151B personnel 9
system. All records shall be transferred including accumulated annual leave, sick 10
leave, compensatory time, and service credit for each affected employee. The 11
personnel officers who administer the personnel systems under KRS Chapter 151B 12
and KRS Chapter 18A shall exercise the necessary administrative procedures to 13
effect the change in personnel authority. No certified or equivalent employee in the 14
Department for Adult Education and Literacy shall suffer any penalty in the 15
transfer. 16
(8) On August 15, 2000, secretaries and assistants attached to policymaking positions 17
in the Department for Technical Education and the Department for Adult Education 18
and Literacy shall be transferred from the personnel system under KRS Chapter 19
151B to the personnel system under KRS Chapter 18A. The positions shall be 20
deleted from the KRS Chapter 151B system. All records shall be transferred 21
including accumulated annual leave, sick leave, compensatory time, and service 22
credit for each affected employee. No employee shall suffer any penalty in the 23
transfer. 24
(9) On May 1, 2017, all contract employees of Eastern Kentucky University who are 25
engaged in providing instructional and support services to the Department of 26
Criminal Justice Training shall be transferred to the personnel system under KRS 27 UNOFFICIAL COPY 24 RS BR 344
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Chapter 18A. All records shall be transferred, including accumulated annual leave, 1
sick leave, compensatory time, and service credit for each affected employee. The 2
personnel officers who administer the personnel systems for Eastern Kentucky 3
University and under KRS Chapter 18A shall exercise the necessary administrative 4
procedures to effect the change in personnel authority. No employee shall suffer 5
any penalty in the transfer. 6
Section 6. (1) Notwithstanding subsection (5) of Section 2 of this Act, the 7
terms of the initial appointments to the Kentucky Healthy Farm and Food Innovation 8
Board under subsection (1)(c) of Section 2 of this Act shall be staggered as follows: 9
(a) Two members shall be appointed for one year; 10
(b) Three members shall be appointed for two years; 11
(c) Three members shall be appointed for three years; and 12
(d) Three members shall be appointed for four years. 13
(2) After the initial appointments under subsection (1) of this section, all 14
appointments to the board shall be for four-year terms. 15