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AN ACT relating to immigrants. 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 25 RS BR 1025
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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 approve the minimum qualifications for admission to 7
the state postsecondary educational system. In defining residency, the council 8
shall classify a student as having Kentucky residency if the student met the 9
residency requirements at the beginning of his or her last year in high school 10
and enters a Kentucky postsecondary education institution within two (2) 11
years of high school graduation and is not an alien illegally present in the 12
United States. In determining the tuition for non-Kentucky residents, the 13
council shall consider the fees required of Kentucky students by institutions in 14
adjoining states, the resident fees charged by other states, the total actual per 15
student cost of training in the institutions for which the fees are being 16
determined, and the ratios of Kentucky students to non-Kentucky students 17
comprising the enrollments of the respective institutions, and other factors the 18
council may in its sole discretion deem pertinent, except that the Kentucky 19
Community and Technical College System may assess a mandatory student 20
fee not to exceed eight dollars ($8) per credit hour to be used exclusively for 21
debt service on amounts not to exceed seventy-five percent (75%) of the total 22
projects cost of the Kentucky Community and Technical College System 23
agency bond projects included in 2014 Ky. Acts ch. 117, Part II, J., 11. 24
(b) The Kentucky Community and Technical College System mandatory fee 25
established in this subsection shall only be used for debt service on agency 26
bond projects. 27 UNOFFICIAL COPY 25 RS BR 1025
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(c) Any fee established as provided by this subsection shall cease to be assessed 1
upon the retirement of the project bonds for which it services debt. 2
(d) Prior to the issuance of any bonds, the Kentucky Community and Technical 3
College System shall certify in writing to the secretary of the Finance and 4
Administration Cabinet that sufficient funds have been raised to meet the 5
local match equivalent to twenty-five percent (25%) of the total project cost; 6
(9) Devise, establish, and periodically review and revise policies to be used in making 7
recommendations to the Governor for consideration in developing 8
recommendations to the General Assembly for appropriations to the universities, 9
the Kentucky Community and Technical College System, and to support strategies 10
for persons to maintain necessary levels of literacy throughout their lifetimes. The 11
council has sole discretion, with advice of the Strategic Committee on 12
Postsecondary Education and the executive officers of the postsecondary education 13
system, to devise policies that provide for allocation of funds among the 14
universities and the Kentucky Community and Technical College System; 15
(10) Lead and provide staff support for the biennial budget process as provided under 16
KRS Chapter 48, in cooperation with the committee; 17
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all 18
capital construction projects covered by KRS 45.750(1)(f), including real 19
property acquisitions, and regardless of the source of funding for projects or 20
acquisitions. Approval of capital projects and real property acquisitions shall 21
be on a basis consistent with the strategic agenda and the mission of the 22
respective universities and the Kentucky Community and Technical College 23
System. 24
(b) The organized groups that are establishing community college satellites as 25
branches of existing community colleges in the counties of Laurel, Leslie, and 26
Muhlenberg, and that have substantially obtained cash, pledges, real property, 27 UNOFFICIAL COPY 25 RS BR 1025
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or other commitments to build the satellite at no cost to the Commonwealth, 1
other than operating costs that shall be paid as part of the operating budget of 2
the main community college of which the satellite is a branch, are authorized 3
to begin construction of the satellite on or after January 1, 1998; 4
(12) Require reports from the executive officer of each institution it deems necessary for 5
the effectual performance of its duties; 6
(13) Ensure that the state postsecondary system does not unnecessarily duplicate 7
services and programs provided by private postsecondary institutions and shall 8
promote maximum cooperation between the state postsecondary system and private 9
postsecondary institutions. Receive and consider an annual report prepared by the 10
Association of Independent Kentucky Colleges and Universities stating the 11
condition of independent institutions, listing opportunities for more collaboration 12
between the state and independent institutions and other information as appropriate; 13
(14) Establish course credit, transfer, and degree components as required in KRS 14
164.2951; 15
(15) Define and approve the offering of all postsecondary education technical, associate, 16
baccalaureate, graduate, and professional degree, certificate, or diploma programs 17
in the public postsecondary education institutions. The council shall expedite 18
wherever possible the approval of requests from the Kentucky Community and 19
Technical College System board of regents relating to new certificate, diploma, 20
technical, or associate degree programs of a vocational-technical and occupational 21
nature. Without the consent of the General Assembly, the council shall not abolish 22
or limit the total enrollment of the general program offered at any community 23
college to meet the goal of reasonable access throughout the Commonwealth to a 24
two (2) year course of general studies designed for transfer to a baccalaureate 25
program. This does not restrict or limit the authority of the council, as set forth in 26
this section, to eliminate or make changes in individual programs within that 27 UNOFFICIAL COPY 25 RS BR 1025
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general program; 1
(16) Eliminate, in its discretion, existing programs or make any changes in existing 2
academic programs at the state's postsecondary educational institutions, taking into 3
consideration these criteria: 4
(a) Consistency with the institution's mission and the strategic agenda; 5
(b) Alignment with the priorities in the strategic implementation plan for 6
achieving the strategic agenda; 7
(c) Elimination of unnecessary duplication of programs within and among 8
institutions; and 9
(d) Efforts to create cooperative programs with other institutions through 10
traditional means, or by use of distance learning technology and electronic 11
resources, to achieve effective and efficient program delivery; 12
(17) Ensure the governing board and faculty of all postsecondary education institutions 13
are committed to providing instruction free of discrimination against students who 14
hold political views and opinions contrary to those of the governing board and 15
faculty; 16
(18) Review proposals and make recommendations to the Governor regarding the 17
establishment of new public community colleges, technical institutions, and new 18
four (4) year colleges; 19
(19) Postpone the approval of any new program at a state postsecondary educational 20
institution, unless the institution has met its equal educational opportunity goals, as 21
established by the council. In accordance with administrative regulations 22
promulgated by the council, those institutions not meeting the goals shall be able to 23
obtain a temporary waiver, if the institution has made substantial progress toward 24
meeting its equal educational opportunity goals; 25
(20) Ensure the coordination, transferability, and connectivity of technology among 26
postsecondary institutions in the Commonwealth including the development and 27 UNOFFICIAL COPY 25 RS BR 1025
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implementation of a technology plan as a component of the strategic agenda; 1
(21) Approve the teacher education programs in the public institutions that comply with 2
standards established by the Education Professional Standards Board pursuant to 3
KRS 161.028; 4
(22) Constitute the representative agency of the Commonwealth in all matters of 5
postsecondary education of a general and statewide nature which are not otherwise 6
delegated to one (1) or more institutions of postsecondary learning. The 7
responsibility may be exercised through appropriate contractual relationships with 8
individuals or agencies located within or without the Commonwealth. The authority 9
includes but is not limited to contractual arrangements for programs of research, 10
specialized training, and cultural enrichment; 11
(23) Maintain procedures for the approval of a designated receiver to provide for the 12
maintenance of student records of the public institutions of higher education and the 13
colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 14
165A.310 which offer collegiate level courses for academic credit, which cease to 15
operate. Procedures shall include assurances that, upon proper request, subject to 16
federal and state laws and regulations, copies of student records shall be made 17
available within a reasonable length of time for a minimum fee; 18
(24) Monitor and transmit a report on compliance with KRS 164.351 to the director of 19
the Legislative Research Commission for distribution to the Interim Joint 20
Committee on Families and Children; 21
(25) (a) Develop in cooperation with each public university and the Kentucky 22
Community and Technical College System a comprehensive orientation and 23
education program for new members of the council and the governing boards 24
and continuing education opportunities for all council and board members. 25
For new members of the council and institutional governing boards, the 26
council shall: 27 UNOFFICIAL COPY 25 RS BR 1025
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1. Ensure that the orientation and education program comprises six (6) 1
hours of instruction time and includes but is not limited to information 2
concerning the roles of the council and governing board members, the 3
strategic agenda and the strategic implementation plan, and the 4
respective institution's mission, budget and finances, strategic plans and 5
priorities, institutional policies and procedures, board fiduciary 6
responsibilities, legal considerations including open records and open 7
meetings requirements, ethical considerations arising from board 8
membership, and the board member removal and replacement 9
provisions of KRS 63.080; 10
2. Establish delivery methods by which the orientation and education 11
program can be completed in person or electronically by new members 12
within one (1) year of their appointment or election; 13
3. Provide an annual report to the Governor and Legislative Research 14
Commission of those new board members who do not complete the 15
required orientation and education program; and 16
4. Invite governing board members of private colleges and universities 17
licensed by the Council on Postsecondary Education to participate in the 18
orientation and education program described in this subsection; 19
(b) Offer, in cooperation with the public universities and the Kentucky 20
Community and Technical College System, continuing education 21
opportunities for all council and governing board members; and 22
(c) Review and approve the orientation programs of each public university and 23
the Kentucky Community and Technical College System for their governing 24
board members to ensure that all programs and information adhere to this 25
subsection; 26
(26) Develop a financial reporting procedure to be used by all state postsecondary 27 UNOFFICIAL COPY 25 RS BR 1025
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education institutions to ensure uniformity of financial information available to 1
state agencies and the public; 2
(27) Select and appoint a president of the council under KRS 164.013; 3
(28) Employ consultants and other persons and employees as may be required for the 4
council's operations, functions, and responsibilities; 5
(29) Promulgate administrative regulations, in accordance with KRS Chapter 13A, 6
governing its powers, duties, and responsibilities as described in this section; 7
(30) Prepare and present by January 31 of each year an annual status report on 8
postsecondary education in the Commonwealth to the Governor, the Strategic 9
Committee on Postsecondary Education, and the Legislative Research Commission; 10
(31) Consider the role, function, and capacity of independent institutions of 11
postsecondary education in developing policies to meet the immediate and future 12
needs of the state. When it is found that independent institutions can meet state 13
needs effectively, state resources may be used to contract with or otherwise assist 14
independent institutions in meeting these needs; 15
(32) Create advisory groups representing the presidents, faculty, nonteaching staff, and 16
students of the public postsecondary education system and the independent colleges 17
and universities; 18
(33) Develop a statewide policy to promote employee and faculty development in state 19
and locally operated secondary area technology centers through the waiver of 20
tuition for college credit coursework in the public postsecondary education system. 21
Any regular full-time employee of a state or locally operated secondary area 22
technology center may, with prior administrative approval of the course offering 23
institution, take a maximum of six (6) credit hours per term at any public 24
postsecondary institution. The institution shall waive the tuition up to a maximum 25
of six (6) credit hours per term. The employee shall complete the Free Application 26
for Federal Student Aid to determine the level of need and eligibility for state and 27 UNOFFICIAL COPY 25 RS BR 1025
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federal financial aid programs. The amount of tuition waived shall not exceed the 1
cost of tuition at the institution less any state or federal grants received, which shall 2
be credited first to the student's tuition; 3
(34) Participate with the Kentucky Department of Education, the Kentucky Board of 4
Education, and postsecondary education institutions to ensure that academic content 5
requirements for successful entry into postsecondary education programs are 6
aligned with high school content standards and that students who master the high 7
school academic content standards shall not need remedial courses. The council 8
shall monitor the results on an ongoing basis; 9
(35) Cooperate with the Kentucky Department of Education and the Education 10
Professional Standards Board in providing information sessions to selected 11
postsecondary education content faculty and teacher educators of the high school 12
academic content standards as required under KRS 158.6453(2)(l); 13
(36) Cooperate with the Office of the Kentucky Center for Statistics and ensure the 14
participation of the public institutions as required in KRS 151B.133; 15
(37) Pursuant to KRS 63.080, review written notices from the Governor or from a board 16
of trustees or board of regents concerning removal of a board member or the entire 17
appointed membership of a board, investigate the member or board and the conduct 18
alleged to support removal, and make written recommendations to the Governor 19
and the Legislative Research Commission as to whether the member or board 20
should be removed;[ and] 21
(38) Require and collect from each public postsecondary education institution the 22
immigration data of the institution's students for each semester and submit that 23
data to the United States Immigration and Customs Enforcement; and 24
(39) Exercise any other powers, duties, and responsibilities necessary to carry out the 25
purposes of this chapter. Nothing in this chapter shall be construed to grant the 26
Council on Postsecondary Education authority to disestablish or eliminate any 27 UNOFFICIAL COPY 25 RS BR 1025
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college of law which became a part of the state system of higher education through 1
merger with a state college. 2
SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Law enforcement agency" means: 6
1. Any public agency that employs a police officer as defined in KRS 7
15.420(2)(a) or a special law enforcement officer as defined in KRS 8
61.900(6)(a) to (e); 9
2. Any public agency that is composed of or employs other public peace 10
officers; 11
3. Jailers; 12
4. Metropolitan correctional services departments operating under KRS 13
Chapter 67B; 14
5. The Department of Corrections as organized under KRS Chapter 196; 15
and 16
6. A public postsecondary education institution's police department 17
established under KRS 164.950; 18
(b) "Law enforcement official" means an elected or appointed officer, peace 19
officer or other employee that oversees or serves within a law enforcement 20
agency; 21
(c) "Public agency" has the same meaning as in KRS 61.870; 22
(d) "Public postsecondary education institution employee" means any elected 23
or appointed official of a public postsecondary education institution and 24
any other person who is employed by a public postsecondary education 25
institution, including a police department established under KRS 164.950; 26
and 27 UNOFFICIAL COPY 25 RS BR 1025
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(e) "Sanctuary policy" means an order, ordinance, resolution, or policy, 1
whether written or unwritten, that: 2
1. Limits or prohibits a public postsecondary education institution 3
employee from communicating or cooperating with: 4
a. Authorized federal agencies or federal law enforcement officers 5
or agencies or officers of another state; or 6
b. A law enforcement agency, law enforcement official, or public 7
agency; 8
to verify or report the immigration status of a person within this state; 9
2. Grants to aliens illegally present in the United States the right to 10
lawful presence or status within the boundaries of this state in 11
violation of federal law; 12
3. Violates 8 U.S.C. sec. 1373 or 1644; 13
4. Restricts or imposes any conditions upon a public postsecondary 14
education institution's cooperation or compliance with detainers or 15
other legal and valid requests from United States Immigration and 16
Customs Enforcement to maintain custody of an immigrant or to 17
transfer an immigrant to the custody of United States Immigration 18
and Customs Enforcement or another authorized federal agency or 19
federal law enforcement officer; 20
5. Requires United States Immigration and Customs Enforcement, or 21
another federal law enforcement agency or federal law enforcement 22
officer, to obtain a warrant or demonstrate more than probable cause 23
before complying with detainers or other legal and valid requests from 24
United States Immigration and Customs Enforcement to maintain 25
custody of an immigrant or to transfer an immigrant to the custody of 26
United States Immigration and Customs Enforcement or another 27 UNOFFICIAL COPY 25 RS BR 1025
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authorized federal agency or federal law enforcement officer; 1
6. Prevents public postsecondary education institution employees from 2
asking a person about his or her citizenship or immigration status; or 3
7. Prohibits a federal immigration officer, or other federal law 4
enforcement officer or a law enforcement official, from entering a jail 5
or other correctional facility to enforce federal immigration laws. 6
(2) Any public postsecondary education institution and any public postsecondary 7
education institution employee shall not enact, adopt, or otherwise enforce any 8
sanctuary policy. 9
(3) Any sanctuary policy adopted by a public postsecondary education institution 10
prior to or after the effective date of this Act that violates this section shall be 11
invalid, void, and unenforceable. 12
(4) (a) If a public postsecondary education institution negligently enrolls an alien 13
illegally present in the United States on or after the effective date of this Act 14
and that person subsequently commits an offense within this state which 15
would classify him or her as a violent offender under KRS 439.3401, the 16
victim, or the victim's family if the victim of the crime dies or sustains 17
serious physical injury as defined in KRS 500.080 as a result of the crime, 18
may file a civil action against the public postsecondary education institution 19
in a court of competent jurisdiction for compensatory damages, punitive 20
damages, costs, and attorney's fees. 21
(b) Sovereign, governmental, and qualified immunity that is afforded to public 22
postsecondary education institutions, including but not limited to immunity 23
under the Eleventh Amendment to the Constitution of the United States, are 24
waived for purposes of this subsection. 25