UNOFFICIAL COPY 25 RS BR 272
Page 1 of 33
XXXX 2/17/2025 11:38 PM Jacketed
AN ACT relating to postsecondary education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 164.001 is amended to read as follows: 3
As used in this chapter, unless the context requires otherwise: 4
(1) "Administrator" means the chief executive officer of the institution; 5
(2) "Adult basic education" means instruction in mathematics, science, social studies, 6
reading, language arts, and related areas to enable individuals to better function in 7
society; 8
(3) "Benchmarks" means objective measures developed where applicable or practical 9
by the Council on Postsecondary Education to judge the performance of the 10
postsecondary education system and progress toward the goals as stated in KRS 11
164.003(2); 12
(4) "Board" or "governing board" means the board of trustees for the University of 13
Kentucky or the University of Louisville, the board of regents for a comprehensive 14
university, or the board of regents for the Kentucky Community and Technical 15
College System; 16
(5) "Board of regents" means the governing board of each comprehensive university 17
and the Kentucky Community and Technical College System; 18
(6) ["Committee" means the Strategic Committee on Postsecondary Education created 19
in KRS 164.004; 20
(7) ]"Comprehensive university" means the following public institutions: Eastern 21
Kentucky University, Kentucky State University, Morehead State University, 22
Murray State University, Northern Kentucky University, and Western Kentucky 23
University; 24
(7)[(8)] "Council" means the Council on Postsecondary Education created in KRS 25
164.011; 26
(8)[(9)] "Customized training" means training in specific academic areas, work 27 UNOFFICIAL COPY 25 RS BR 272
Page 2 of 33
XXXX 2/17/2025 11:38 PM Jacketed
processes, or technical skills that are designed to serve a specific industry or 1
industries to upgrade worker skills; 2
(9)[(10)] "Goals" means the six (6) goals specified in KRS 164.003(2); 3
(10)[(11)] "Independent institution" means a nonpublic postsecondary education 4
institution in Kentucky whose instruction is not solely sectarian in nature, is 5
accredited by a regional accrediting association recognized by the United States 6
Department of Education, and is licensed by the Council on Postsecondary 7
Education; 8
(11)[(12)] "Institution" means a university, college, community college, health 9
technology center, vocational-technical school, technical institute, technical college, 10
technology center, or the Kentucky Community and Technical College System; 11
(12)[(13)] "Kentucky Community and Technical College System" means the system 12
composed of public community and technical colleges, including those 13
postsecondary institutions operated by the former Cabinet for Workforce 14
Development and those community colleges in the University of Kentucky 15
Community College System on May 30, 1997. 16
The system also includes institutions created by the board of regents for the 17
Kentucky Community and Technical College System and approved by the General 18
Assembly; 19
(13)[(14)] "Literacy" means an individual's ability to read, write, and speak in English 20
and compute and solve problems at levels of proficiency necessary to function on 21
the job and in society to achieve one's goals and develop one's knowledge and 22
potential; 23
(14)[(15)] "Lower division academic course" means any academic course offered for 24
college or university credit that is designated as a freshman or sophomore level 25
academic course; 26
(15)[(16)] "Nonteaching personnel" means any employee who is a full-time staff 27 UNOFFICIAL COPY 25 RS BR 272
Page 3 of 33
XXXX 2/17/2025 11:38 PM Jacketed
member, excluding a president, chancellor, vice president, academic dean, 1
academic department chair, or administrator; 2
(16)[(17)] "Postsecondary education system" means the following public institutions: 3
University of Kentucky, University of Louisville, Eastern Kentucky University, 4
Kentucky State University, Morehead State University, Murray State University, 5
Northern Kentucky University, Western Kentucky University, and the Kentucky 6
Community and Technical College System; 7
(17)[(18) "P-16 council" or "council of partners" means a local or state council that is 8
composed of educators from public and private preschools, elementary, secondary, 9
and postsecondary education institutions, local board of education members, and 10
may include community and business representatives that have voluntarily 11
organized themselves for the purpose of improving the alignment and quality of the 12
education continuum from preschool through postsecondary education as well as 13
student achievement at all levels; 14
(19)] "Public" means operated with state support; 15
(18)[(20)] "Relative" means a person's father, mother, brother, sister, husband, wife, son, 16
daughter, aunt, uncle, son-in-law, or daughter-in-law; 17
(19)[(21)] "Remedial education" means any program, course, or activity that is designed 18
specifically for students who have basic deficiencies in reading, written or oral 19
communication, mathematics, study skills, or other skills necessary to do beginning 20
postsecondary work as defined by the institution; 21
(20)[(22)] "Standardized degree program" means a program, approved by the Council on 22
Postsecondary Education, that consists of specific competencies, curriculum, and 23
performance requirements regardless of the providing institution; 24
(21)[(23)] "Strategic agenda" means the state strategic postsecondary education agenda 25
described in KRS 164.0203; 26
(22)[(24)] "Technical institution" means an educational institution that offers 27 UNOFFICIAL COPY 25 RS BR 272
Page 4 of 33
XXXX 2/17/2025 11:38 PM Jacketed
certificates, diplomas, or technical degrees in technical or occupational-related 1
programs, including a facility called a vocational-technical school, technical 2
institute, health technology center, technology center, technical college, or similar 3
designation; and 4
(23)[(25)] "Learning outcomes" means the knowledge, skills, and abilities that students 5
have attained as a result of their involvement in a particular set of educational 6
experiences. 7
Section 2. KRS 164.013 is amended to read as follows: 8
(1) The Council on Postsecondary Education shall set the qualifications for the position 9
of president of the council. [Except for the first president appointed under 10
subsection (2) of this section, ]The council may employ a search firm and conduct a 11
nationwide search for candidates. Any search firm employed by the council shall 12
consider, interview, and propose three (3) or more candidates for the position of 13
president. The council may seek additional names from the search firm or from 14
other sources. 15
(2) [In the selection of candidates for the first president of the Council on 16
Postsecondary Education, the Strategic Committee on Postsecondary Education 17
shall serve as a search committee, employing a search firm for assistance. The 18
committee shall recommend three (3) candidates to be considered by the council 19
and shall repeat this process until it finds a satisfactory person to appoint as the first 20
president of the council. 21
(3) ]The president shall possess an excellent academic and administrative background, 22
have strong communication skills, have significant experience and an established 23
reputation as a professional in the field of postsecondary education, and shall not 24
express, demonstrate, or appear to have an institutional or regional bias in his or her 25
actions. 26
(3)[(4)] The president shall be the primary advocate for postsecondary education and 27 UNOFFICIAL COPY 25 RS BR 272
Page 5 of 33
XXXX 2/17/2025 11:38 PM Jacketed
advisor to the Governor and the General Assembly on matters of postsecondary 1
education in Kentucky. As the primary advocate for postsecondary education, the 2
president shall work closely with the committee and the elected leadership of the 3
Commonwealth to ensure that they are fully informed about postsecondary 4
education issues and that the council fully understands the goals for postsecondary 5
education that the General Assembly has established in KRS 164.003(2). 6
(4)[(5)] The president may design and develop for review by the council new 7
statewide initiatives in accordance with the strategic agenda. 8
(5)[(6)] (a) The council shall set the salary of the president at an amount no greater 9
than the salary the president was receiving on January 1, 2012. 10
(b) The salary of the president shall be exempt from state employee salary 11
limitations as set forth in KRS 64.640. 12
(6)[(7)] The president shall be accorded a contract to serve for a term not to exceed 13
five (5) years, which is renewable at the pleasure of the council. 14
(7)[(8)] The president shall determine the staffing positions and organizational 15
structure necessary to carry out the responsibilities of the council and may employ 16
staff. All personnel positions of the Council on Higher Education, as of May 30, 17
1997, with the exception of the position of executive director, shall be transferred to 18
the Council on Postsecondary Education. All personnel shall be transferred at the 19
same salary and benefit levels. Notwithstanding the provisions of KRS 11A.040, 20
any person employed by the Council on Higher Education prior to May 30, 1997, 21
may accept immediate employment with any governmental entity or any 22
postsecondary education organization or institution in the Commonwealth and may 23
carry out the employment duties assigned by that entity, organization, or institution. 24
(8)[(9)] The president shall be responsible for the day-to-day operations of the council 25
and shall report and submit annual reports on the strategic implementation plan of 26
the strategic agenda, carry out policy and program directives of the council, prepare 27 UNOFFICIAL COPY 25 RS BR 272
Page 6 of 33
XXXX 2/17/2025 11:38 PM Jacketed
and submit to the council for its approval the proposed budget of the council, and 1
perform all other duties and responsibilities assigned by state law. 2
(9)[(10)] With approval of the council, the president may enter into agreements with 3
any state agency or political subdivision of the state, any state postsecondary 4
education institution, or any other person or entity to enlist staff assistance to 5
implement the duties and responsibilities under KRS 164.020. 6
(10)[(11)] The president shall be reimbursed for all actual and necessary expenses 7
incurred in the performance of all assigned duties and responsibilities. 8
Section 3. KRS 164.020 is amended to read as follows: 9
The Council on Postsecondary Education in Kentucky shall: 10
(1) Develop and implement the strategic agenda[ with the advice and counsel of the 11
Strategic Committee on Postsecondary Education]. The council shall provide for 12
and direct the planning process and subsequent strategic implementation plans 13
based on the strategic agenda as provided in KRS 164.0203; 14
(2) Revise the strategic agenda and strategic implementation plan[ with the advice and 15
counsel of the committee as set forth in KRS 164.004]; 16
(3) Develop a system of public accountability related to the strategic agenda by 17
evaluating the performance and effectiveness of the state's postsecondary system. 18
The council shall prepare a report in conjunction with the accountability reporting 19
described in KRS 164.095, which shall be submitted to [the committee, ]the 20
Governor[,] and the General Assembly by December 1 annually. This report shall 21
include a description of contributions by postsecondary institutions to the quality of 22
elementary and secondary education in the Commonwealth; 23
(4) Review, revise, and approve the missions of the state's universities and the 24
Kentucky Community and Technical College System. The Council on 25
Postsecondary Education shall have the final authority to determine the compliance 26
of postsecondary institutions with their academic, service, and research missions; 27 UNOFFICIAL COPY 25 RS BR 272
Page 7 of 33
XXXX 2/17/2025 11:38 PM Jacketed
(5) Establish and ensure that all postsecondary institutions in Kentucky cooperatively 1
provide for an integrated system of postsecondary education. The council shall 2
guard against inappropriate and unnecessary conflict and duplication by promoting 3
transferability of credits and easy access of information among institutions; 4
(6) Engage in analyses and research to determine the overall needs of postsecondary 5
education and adult education in the Commonwealth; 6
(7) Develop plans that may be required by federal legislation. The council shall for all 7
purposes of federal legislation relating to planning be considered the "single state 8
agency" as that term may be used in federal legislation. When federal legislation 9
requires additional representation on any "single state agency," the Council on 10
Postsecondary Education shall establish advisory groups necessary to satisfy federal 11
legislative or regulatory guidelines; 12
(8) (a) Determine tuition and approve the minimum qualifications for admission to 13
the state postsecondary educational system. In defining residency, the council 14
shall classify a student as having Kentucky residency if the student met the 15
residency requirements at the beginning of his or her last year in high school 16
and enters a Kentucky postsecondary education institution within two (2) 17
years of high school graduation. In determining the tuition for non-Kentucky 18
residents, the council shall consider the fees required of Kentucky students by 19
institutions in adjoining states, the resident fees charged by other states, the 20
total actual per student cost of training in the institutions for which the fees 21
are being determined, and the ratios of Kentucky students to non-Kentucky 22
students comprising the enrollments of the respective institutions, and other 23
factors the council may in its sole discretion deem pertinent, except that the 24
Kentucky Community and Technical College System may assess a mandatory 25
student fee not to exceed eight dollars ($8) per credit hour to be used 26
exclusively for debt service on amounts not to exceed seventy-five percent 27 UNOFFICIAL COPY 25 RS BR 272
Page 8 of 33
XXXX 2/17/2025 11:38 PM Jacketed
(75%) of the total projects cost of the Kentucky Community and Technical 1
College System agency bond projects included in 2014 Ky. Acts ch. 117, Part 2
II, J., 11. 3
(b) The Kentucky Community and Technical College System mandatory fee 4
established in this subsection shall only be used for debt service on agency 5
bond projects. 6
(c) Any fee established as provided by this subsection shall cease to be assessed 7
upon the retirement of the project bonds for which it services debt. 8
(d) Prior to the issuance of any bonds, the Kentucky Community and Technical 9
College System shall certify in writing to the secretary of the Finance and 10
Administration Cabinet that sufficient funds have been raised to meet the 11
local match equivalent to twenty-five percent (25%) of the total 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 20
universities 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 25 RS BR 272
Page 9 of 33
XXXX 2/17/2025 11:38 PM Jacketed
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 13
services and programs provided by private postsecondary institutions and shall 14
promote 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 23
in the public postsecondary education institutions. The council shall expedite 24
wherever possible the approval of requests from the Kentucky Community and 25
Technical College System board of regents relating to new certificate, diploma, 26
technical, or associate degree programs of a vocational-technical and occupational 27 UNOFFICIAL COPY 25 RS BR 272
Page 10 of 33
XXXX 2/17/2025 11:38 PM Jacketed
nature. Without the consent of the General Assembly, the council shall not abolish 1
or limit the total enrollment of the general program offered at any community 2
college to meet the goal of reasonable access throughout the Commonwealth to a 3
two (2) year course of general studies designed for transfer to a baccalaureate 4
program. This does not restrict or limit the authority of the council, as set forth in 5
this section, to eliminate or make changes in individual programs within that 6
general program; 7
(16) Eliminate, in its discretion, existing programs or make any changes in existing 8
academic programs at the state's postsecondary educational institutions, taking into 9
consideration these criteria: 10
(a) Consistency with the institution's mission and the strategic agenda; 11
(b) Alignment with the priorities in the strategic implementation plan for 12
achieving the strategic agenda; 13
(c) Elimination of unnecessary duplication of programs within and among 14
institutions; and 15
(d) Efforts to create cooperative programs with other institutions through 16
traditional means, or by use of distance learning technology and electronic 17
resources, to achieve effective and efficient program delivery; 18
(17) Ensure the governing board and faculty of all postsecondary education institutions 19
are committed to providing instruction free of discrimination against students who 20
hold political views and opinions contrary to those of the governing board and 21
faculty; 22
(18) Review proposals and make recommendations to the Governor regarding the 23
establishment of new public community colleges, technical institutions, and new 24
four (4) year colleges; 25
(19) [Postpone the approval of any new program at a state postsecondary educational 26
institution, unless the institution has met its equal educational opportunity goals, as 27 UNOFFICIAL COPY 25 RS BR 272
Page 11 of 33
XXXX 2/17/2025 11:38 PM Jacketed
established by the council. In accordance with administrative regulations 1
promulgated by the council, those institutions not meeting the goals shall be able to 2
obtain a temporary waiver, if the institution has made substantial progress toward 3
meeting its equal educational opportunity goals; 4
(20) ]Ensure the coordination, transferability, and connectivity of technology among 5
postsecondary institutions in the Commonwealth including the development and 6
implementation of a technology plan as a component of the strategic agenda; 7
(20)[(21)] Approve the teacher education programs in the public institutions that comply 8
with standards established by the Education Professional Standards Board pursuant 9
to KRS 161.028; 10
(21)[(22)] Constitute the representative agency of the Commonwealth in all matters of 11
postsecondary education of a general and statewide nature which are not otherwise 12
delegated to one (1) or more institutions of postsecondary learning. The 13
responsibility may be exercised through appropriate contractual relationships with 14
individuals or agencies located within or without the Commonwealth. The authority 15
includes but is not limited to contractual arrangements for programs of research, 16
specialized training, and cultural enrichment; 17
(22)[(23)] Maintain procedures for the approval of a designated receiver to provide for 18
the maintenance of student records of the public institutions of higher education and 19
the colleges as defined in KRS 164.945, and institutions operating pursuant to KRS 20
165A.310 which offer collegiate level courses for academic credit, which cease to 21
operate. Procedures shall include assurances that, upon proper request, subject to 22
federal and state laws and regulations, copies of student records shall be made 23
available within a reasonable length of time for a minimum fee; 24
(23)[(24)] Monitor and transmit a report on compliance with KRS 164.351 to the 25
director of the Legislative Research Commission for distribution to the Interim 26
Joint Committee on Families and Children; 27 UNOFFICIAL COPY 25 RS BR 272
Page 12 of 33
XXXX 2/17/2025 11:38 PM Jacketed
(24)[(25)] (a) Develop in cooperation with each public university and the Kentucky 1
Community and Technical College System a comprehensive orientation and 2
education program for new members of the council and the governing boards 3
and continuing education opportunities for all council and board members. 4
For new members of the council and institutional governing boards, the 5
council shall: 6
1. Ensure that the orientation and education program comprises six (6) 7
hours of instruction time and includes but is not limited to information 8
concerning the roles of the council and governing board members, the 9
strategic agenda and the strategic implementation plan, and the 10
respective institution's mission, budget and finances, strategic plans and 11
priorities, institutional policies and procedures, board fiduciary 12
responsibilities, legal considerations including open records and open 13
meetings requirements, ethical considerations arising from board 14
membership, and the board member removal and replacement 15
provisions of KRS 63.080; 16
2. Establish delivery methods by which the orientation and education 17
program can be completed in person or electronically by new members 18
within one (1) year of their appointment or election; 19
3. Provide an annual report to the Governor and Legislative Research 20
Commission of those new board members who do not complete the 21
required orientation and education program; and 22
4. Invite governing board members of private colleges and universities 23
licensed by the Council on Postsecondary Education to participate in the 24
orientation and education program described in this subsection; 25
(b) Offer, in cooperation with the public universities and the Kentucky 26
Community and Technical College System, continuing education 27 UNOFFICIAL COPY 25 RS BR 272
Page 13 of 33
XXXX 2/17/2025 11:38 PM Jacketed
opportunities for all council and governing board members; and 1
(c) Review and approve the orientation programs of each public university and 2
the Kentucky Community and Technical College System for their governing 3
board members to ensure that all programs and information adhere to this 4
subsection; 5
(25)[(26)] Develop a financial reporting procedure to be used by all state postsecondary 6
education institutions to ensure uniformity of financial information available to 7
state agencies and the public; 8
(26)[(27)] Select and appoint a president of the council under KRS 164.013; 9
(27)[(28)] Employ consultants and other persons and employees as may be required for 10
the council's operations, functions, and responsibilities; 11
(28)[(29)] Promulgate administrative regulations, in accordance with KRS Chapter 13A, 12
governing its powers, duties, and responsibilities as described in this section; 13
(29)[(30)] Prepare and present by January 31 of each year an annual status report on 14
postsecondary education in the Commonwealth to the Governor[, the Strategic 15
Committee on Postsecondary Education,] and the Legislative Research 16
Commission; 17
(30)[(31)] Consider the role, function, and capacity of independent institutions of 18
postsecondary education in developing policies to meet the immediate and future 19
needs of the state. When it is found that independent institutions can meet state 20
needs effectively, state resources may be used to contract with or otherwise assist 21
independent institutions in meeting these needs; 22
(31)[(32)] Create advisory groups representing the presidents, faculty, nonteaching staff, 23
and students of the public postsecondary education system and the independent 24
colleges and universities; 25
(32)[(33)] Develop a statewide policy to promote employee and faculty development in 26
state and locally operated secondary area technology centers through the waiver of 27 UNOFFICIAL COPY 25 RS BR 272
Page 14 of 33
XXXX 2/17/2025 11:38 PM Jacketed
tuition for college credit coursework in the public postsecondary education system. 1
Any regular full-time employee of a state or locally operated secondary area 2
technology center may, with prior administrative approval of the course offering 3
institution, take a maximum of six (6) credit hours per term at any public 4
postsecondary institution. The institution shall waive the tuition up to a maximum 5
of six (6) credit hours per term. The employee shall complete the Free Application 6
for Federal Student Aid to determine the level of need and eligibility for state and 7
federal financial aid programs. The amount of tuition waived shall not exceed the 8
cost of tuition at the institution less any state or federal grants received, which shall 9
be credited first to the student's tuition; 10
(33)[(34)] Participate with the Kentucky Department of Education, the Kentucky Board 11
of Education, and postsecondary education institutions to ensure that academic 12
content requirements for successful entry into postsecondary education programs 13
are aligned with high school content standards and that students who master the 14
high school academic content standards shall not need remedial courses. The 15
council shall monitor the results on an ongoing basis; 16
(34)[(35)] Cooperate with the Kentucky Department of Education and the Education 17
Professional Standards Board in providing information sessions to selected 18
postsecondary education content faculty and teacher educators of the high school 19
academic content standards as required under KRS 158.6453(2)(l); 20
(35)[(36)] Cooperate with the Office of the Kentucky Center for Statistics and ensure the 21
participation of the public institutions as required in KRS 151B.133; 22
(36)[(37)] Pursuant to KRS 63.080, review written notices from the Governor or from a 23
board of trustees or board of regents concerning removal of a board member or the 24
entire appointed membership of a board, investigate the member or board and the 25
conduct alleged to support removal, and make written recommendations to the 26
Governor and the Legislative Research Commission as to whether the member or 27 UNOFFICIAL COPY 25 RS BR 272
Page 15 of 33
XXXX 2/17/2025 11:38 PM Jacketed
board should be removed; and 1
(37)[(38)] Exercise any other powers, duties, and responsibilities necessary to carry out 2
the purposes of this chapter. Nothing in this chapter shall be construed to grant the 3
Council on Postsecondary Education authority to disestablish or eliminate any 4
college of law which became a part of the state system of higher education through 5
merger with a state college. 6
Section 4. KRS 164.0211 is amended to read as follows: 7
(1) The Board of Student Body Presidents is hereby created as an advisory board and 8
shall be attached to the Council on Postsecondary Education for administration 9
and organization purposes. 10
(2) The board shall consist of the student body president of each four (4) year public 11
university, [the ]two (2) student regents to be designated by the board of regents of 12
the Kentucky Community and Technical College System, and one (1) student body 13
president representing the members of the Association of Independent Kentucky 14
Colleges and Universities[ shall serve on the an advisory board to be known as the 15
Board of Student Body Presidents]. The student body president representing the 16
independent colleges and universities shall be selected under a process established 17
by the Association of Independent Kentucky Colleges and Universities. 18
(3)[(2)] The Board of Student Body Presidents shall advise the legislative and 19
executive branches regarding postsecondary education issues and concerns of 20
students. 21
(4)[(3)] At least once each year, the Board of Student Body Presidents shall meet with 22
the Council on Postsecondary Education and the Advisory Conference of 23
Presidents. 24
(5)[(4)] The Board of Student Body Presidents shall submit the names of three (3) 25
nominees to the Governor for consideration in the appointment of a student member 26
to the Council on Postsecondary Education pursuant to KRS 164.011. 27 UNOFFICIAL COPY 25 RS BR 272
Page 16 of 33
XXXX 2/17/2025 11:38 PM Jacketed
Section 5. KRS 164.321 is amended to read as follows: 1
(1) (a) Eastern Kentucky University, Morehead State University, Murray State 2
University, Western Kentucky University, Kentucky State University, 3
Northern Kentucky University, and the Kentucky Community and Technical 4
College System shall each be governed by a board of regents appointed for a 5
term set by law pursuant to Section 23 of the Constitution of Kentucky. 6
(b)[(a)] Each board of the comprehensive universities shall consist of eight (8) 7
members appointed by the Governor, one (1) member of the teaching faculty, 8
one (1) member of the university nonteaching personnel, and one (1) member 9
of the student body of the respective university or college. The members 10
appointed by the Governor shall be subject to confirmation by the Senate and 11
shall not be eligible to serve until confirmed. The members of the board shall 12
select a chairperson annually. 13
(c)[(b)] The board of the Kentucky Community and Technical College System 14
shall consist of eight (8) members appointed by the Governor, two (2) 15
members of the teaching faculty, two (2) members of the nonteaching 16
personnel, and two (2) members of the student body. The members appointed 17
by the Governor shall be subject to confirmation by the Senate and shall not 18
be eligible to serve until confirmed. 19
1. No more than three (3) appointed members of the board shall reside in 20
any one (1) judicial district of the Kentucky Supreme Court as of the 21
date of the appointment. 22
2. A change in residency of a gubernatorial appointee after the date of 23
appointment shall not affect the appointee's ability to serve or eligibility 24
for reappointment, except an appointee who assumes residency outside 25
the fifty (50) United States shall become immediately ineligible to serve. 26
The Council on Postsecondary Education shall notify the appointee of 27 UNOFFICIAL COPY 25 RS BR 272
Page 17 of 33
XXXX 2/17/2025 11:38 PM Jacketed
his or her ineligibility to serve. 1
3. In making initial appointments, the Governor shall act so as to provide 2
equal representation of the two (2) sexes. In filling vacancies, the 3
Governor shall act so as to provide, inasmuch as possible, equal 4
representation of the two (2) sexes by appointing a member of the sex 5
that is the lesser represented at the time of the appointment. If the 6
remaining membership already has an equal number of males and 7
females, the Governor may appoint a member of either sex. 8
(2) The terms of appointed members shall be for six (6) years and until their successors 9
are appointed and qualified, unless a member is removed by the Governor pursuant 10
to KRS 63.080(2), (3), or (4)[, except the initial appointments to the board of 11
regents for the Kentucky Community and Technical College System shall be as 12
follows: 13
(a) One (1) member shall serve a one (1) year term; 14
(b) One (1) member shall serve a two (2) year term; 15
(c) Two (2) members shall serve three (3) year terms; 16
(d) One (1) member shall serve a four (4) year term; 17
(e) One (1) member shall serve a five (5) year term; and 18
(f) Two (2) members shall serve six (6) year terms]. 19
New appointees of a board of regents shall not serve for more than two (2) 20
consecutive terms. 21
(3) The gubernatorial appointments may include one (1) graduate of the respective 22
institution who resides outside the Commonwealth. Not more than two (2) 23
appointed members of any board shall be residents of one (1) county. The 24
appointments shall reflect the proportional representation of the two (2) leading 25
political parties of the Commonwealth based on the state's voter registration and the 26
political affiliation of each appointee as of December 31 of the year preceding the 27 UNOFFICIAL COPY 25 RS BR 272
Page 18 of 33
XXXX 2/17/2025 11:38 PM Jacketed
date of his or her appointment. A particular political affiliation shall not be a 1
prerequisite to appointment to any board generally; however, if any person is 2
appointed to a board that does not represent either of the two (2) leading political 3
parties of the Commonwealth, the proportional representation by political affiliation 4
requirement shall be determined and satisfied based on the total number of 5
members on the board less any members not affiliated with either of the two (2) 6
leading political parties. Membership on the board shall reflect no less than 7
proportional representation of the minority racial composition of the 8
Commonwealth based on the total minority racial population using the most recent 9
census or estimate data from the United States Census Bureau. If the determination 10
of proportional minority representation does not result in a whole number of 11
minority members, it shall be rounded up to the next whole number. Membership 12
on the board shall not be incompatible with any state office. A change in residency 13
after the date of appointment shall not affect a member's ability to serve nor shall it 14
prevent a member's eligibility for reappointment, except a member who assumes 15
residency outside the fifty (50) United States shall become immediately ineligible 16
to serve. The Council on Postsecondary Education shall notify the appointee of his 17
or her ineligibility to serve. 18
(4) Appointments to fill vacancies shall be made in the same manner and within the 19
same time after the occurrence of the vacancy as regular appointments. The person 20
appointed shall hold the position for the unexpired term only. 21
(5) Each member of the board shall serve for the term for which the member is 22
appointed and until a successor is appointed and qualified, unless a member is 23
removed by the Governor pursuant to KRS 63.080(2), (3), or (4). 24
(6) (a) The faculty member of a comprehensive university shall be a teaching or 25
research member of the faculty of his or her respective university of the rank 26
of assistant professor or above. The faculty member shall be elected by secret 27 UNOFFICIAL COPY 25 RS BR 272
Page 19 of 33
XXXX 2/17/2025 11:38 PM Jacketed
ballot by all faculty members of his or her university of the rank of instructor, 1
assistant professor, or above. The faculty member shall serve for a term of 2
three (3) years and until his successor is elected and qualified. The faculty 3
member shall be eligible for reelection, but he or she shall not be eligible to 4
continue to serve as a member of the board if he or she ceases being a member 5
of the teaching staff of the university. Elections to fill vacancies shall be for 6
the unexpired term in the same manner as provided for the original election. 7
(b) The faculty members of the Kentucky Community and Technical College 8
System shall be represented by one (1) faculty member elected from the 9
community colleges and one (1) faculty member elected from the technical 10
institutions to serve three (3) year terms and until their successors are named. 11
The faculty representative of each branch shall be elected by means of a 12
process established by the board. The faculty members may be reelected but 13
shall not serve more than two (2) consecutive terms. A faculty member shall 14
be ineligible to continue to serve as a member of the board if he or she ceases 15
to be a member of the faculty at one (1) of the institutions within the system. 16
Elections to fill vacancies shall be for the unexpired term in the same manner 17
as provided for the original election. These two (2) members shall collectively 18
have one (1) vote which may be cast one-half (1/2) vote by each member. 19
(7) (a) The nonteaching personnel member in a comprehensive university shall be 20
any full-time staff member excluding the president, vice presidents, academic 21
deans, and academic department chairpersons. He or she shall represent all 22
nonteaching university employees including, but not limited to, building 23
facilities and clerical personnel. The member shall be elected by secret ballot 24
by the nonteaching employees. The nonteaching personnel member shall 25
serve a term of three (3) years and until a successor is elected and qualified. 26
The nonteaching personnel member shall be eligible for reelection, but he or 27 UNOFFICIAL COPY 25 RS BR 272
Page 20 of 33
XXXX 2/17/2025 11:38 PM Jacketed
she shall not be eligible to continue to serve as a member of the board if he or 1
she ceases being an employee of the university. Elections to fill vacancies 2
shall be for the unexpired term in the same manner as provided for the 3
original election. 4
(b) The nonteaching personnel members in the Kentucky Community and 5
Technical College System shall be any full-time staff member excluding a 6
president, chancellor, vice president, academic dean, academic department 7
chair, or other administrator. They shall represent all nonteaching employees 8
in their respective branch institutions including, but not limited to, support 9
and clerical personnel. One (1) member shall be a representative from the 10
community colleges and one (1) member shall be a representative from the 11
technical institutions. They shall serve three (3) year terms and until their 12
successors are named. These two (2) members shall collectively have one (1) 13
vote which may be cast one-half (1/2) vote by each member. The nonteaching 14
personnel members of each branch shall be elected by means of a process 15
established by the board. A nonteaching personnel member may be reelected 16
but shall not serve more than two (2) consecutive terms. A nonteaching 17
employee shall be ineligible to continue to serve as a member of the board if 18
that employee ceases to be a nonteaching employee at one (1) of the 19
institutions within the system. Elections to fill vacancies shall be for the 20
unexpired term in the same manner as provided for the original election. 21
(8) (a) The student member on a comprehensive university board shall serve a one 22
(1) year term beginning on July 1 after being elected and sworn in as student 23
body president and ending on the following June 30. If the student member 24
does not maintain the position as student body president or the status as a full-25
time student at any time during that academic year, a special election shall be 26
held to select a full-time student member. The elected student member shall 27 UNOFFICIAL COPY 25 RS BR 272
Page 21 of 33
XXXX 2/17/2025 11:38 PM Jacketed
serve for the remainder of the unexpired term. 1
(b) Two (2) full-time student members shall be elected to the board of regents for 2
the Kentucky Community and Technical College System. One (1) shall 3
represent students of the community colleges and one (1) shall represent the 4
technical institutions. The student members shall be elected by means of a 5
process established by the board. The student members shall serve one (1) 6
year terms beginning on July 1 after being elected and sworn in as a student 7
member of the board and ending on the following June 30. If the student 8
member does not maintain the status as a full-time student, a special election 9
shall be held to fill the vacancy for the remainder of the unexpired term. The 10
two (2) members shall collectively have one (1) vote which may be cast one-11
half (1/2) vote by each member. 12
(9) All appointed and elected persons shall be required to attend and complete an 13
orientation and education program prescribed by the council under KRS 14
164.020(24)[(25)], as a condition of their service and eligibility for appointment or 15
election to a second term. 16
(10) Board members may be removed by the Governor under the following 17
circumstances: 18
(a) For cause, pursuant to KRS 63.080(2); or 19
(b) Pursuant to KRS 63.080(3) or (4). 20
(11) The inability of the board or boards of the comprehensive universities or Kentucky 21
Community and Technical College System to hold quarterly meetings, to elect a 22
chairperson annually, to establish a quorum, to adopt an annual budget, to set 23
tuition rates, to conduct an annual evaluation of the president of the university or 24
system, to carry out its primary function to periodically evaluate the university's or 25
system's progress in implementing its mission, goals, and objectives to conform to 26
the strategic agenda, or to otherwise perform its duties under KRS 164.350 shall be 27 UNOFFICIAL COPY 25 RS BR 272
Page 22 of 33
XXXX 2/17/2025 11:38 PM Jacketed
cause for the Governor to remove all appointed members of the board or boards and 1
replace the entire appointed membership pursuant to KRS 63.080(4). 2
Section 6. KRS 15.257 is amended to read as follows: 3
(1) The Office of the Attorney General shall, within ninety (90) days of June 20, 2005, 4
and thereafter, within ninety (90) days of the effective date of any legislation 5
amending the provisions of the Open Meetings Act or the Open Records Act, 6
distribute to all county judge/executives, mayors, county attorneys, city attorneys, 7
superintendents of public school districts, presidents of each of the state public 8
postsecondary education institutions identified in KRS 161.220(4)(b) or 9
164.001(12) or (16)[(13) or (17)], and attorneys of public school districts and public 10
postsecondary education institutions throughout Kentucky written information 11
prepared by the Office of the Attorney General that explains the procedural and 12
substantive provisions of the Open Meetings Act, KRS 61.805 to 61.850, and the 13
Open Records Act, KRS 61.870 to 61.884, together with the information required 14
by KRS 171.223 to be prepared by the Department for Libraries and Archives 15
concerning proper retention and management of public records. This distribution 16
may be by electronic means. 17
(2) All superintendents of public school districts and the presidents of each of the state 18
public postsecondary education institutions identified in KRS 161.220(4)(b) or 19
164.001(12) or (16)[(13) or (17)] shall be responsible for designating and 20
submitting the names and addresses of the attorneys to whom this information shall 21
be disseminated to the Office of the Attorney General. 22
Section 7. KRS 164.011 is amended to read as follows: 23
(1) There is hereby created and established a Council on Postsecondary Education in 24
Kentucky as an agency, instrumentality, and political subdivision of the 25
Commonwealth and a public body corporate and politic having all powers, duties, 26
and responsibilities as are provided to it by law, appointed for a term set by law 27 UNOFFICIAL COPY 25 RS BR 272
Page 23 of 33
XXXX 2/17/2025 11:38 PM Jacketed
pursuant to Section 23 of the Constitution of Kentucky. The council shall be 1
composed of the commissioner of education, a faculty member, a student member, 2
and thirteen (13) citizen members appointed by the Governor. The citizen members 3
shall be confirmed by the Senate under KRS 11.160, and the commissioner of 4
education shall serve as a nonvoting ex officio member. Citizen council members 5
shall be selected from a list of nominees provided to the Governor under the 6
nominating process set forth in KRS 164.005. If the General Assembly is not in 7
session at the time of the appointment, persons appointed shall serve prior to 8
confirmation, but the Governor shall seek the consent of the Senate at the next 9
regular session or at an intervening extraordinary session if the matter is included in 10
the call of the General Assembly. 11
(2) By no later than thirty (30) days after May 30, 1997, the Governor's Postsecondary 12
Education Nominating Committee shall submit nominations to the Governor as set 13
forth in KRS 164.005. On making appointments to the council, the Governor shall 14
ensure broad geographical and political representation; ensure equal representation 15
of the two (2) sexes, inasmuch as possible; ensure no less than proportional 16
representation of the two (2) leading political parties of the Commonwealth based 17
on the state's voter registration and the political affiliation of each appointee as of 18
December 31 of the year preceding the date of his or her appointment; and ensure 19
that appointments reflect the minority racial composition of the Commonwealth 20
based on the total minority racial population using the most recent census or 21
estimate data from the United States Census Bureau. If the determination of 22
proportional minority representation does not result in a whole number of minority 23
members, it shall be rounded up to the next whole number. A particular political 24
affiliation shall not be a prerequisite to appointment to the council generally; 25
however, if any person is appointed to the council that does not represent either of 26
the two (2) leading political parties of the Commonwealth, the proportional 27 UNOFFICIAL COPY 25 RS BR 272
Page 24 of 33
XXXX 2/17/2025 11:38 PM Jacketed
representation by political affiliation requirement shall be determined and satisfied 1
based on the total number of members on the council less any members not 2
affiliated with either of the two (2) leading political parties. In filling vacancies to 3
the council, the Governor shall act so as to provide, inasmuch as possible, equal 4
representation of the two (2) sexes by appointing a member of the sex that is the 5
lesser represented at the time of the appointment. If the remaining membership 6
already has an equal number of males and females, the Governor may appoint a 7
member of either sex. No more than two (2) members of the council shall hold an 8
undergraduate degree from any one (1) Kentucky university, and no more than 9
three (3) voting members of the council shall reside in any one (1) judicial district 10
of the Kentucky Supreme Court as of the date of the appointment. However, change 11
in residency after the date of appointment shall not affect the ability to serve. 12
(3) One (1) member shall be a full-time faculty member employed at a state institution 13
of postsecondary education. The faculty member shall be appointed to a four (4) 14
year term by the Governor from a list of three (3) nominees selected and submitted 15
by majority vote of the ten (10) faculty members who serve as faculty 16
representatives of the boards of trustees and boards of regents of the nine (9) 17
postsecondary education institutions. 18
(4) One (1) member shall be enrolled as a full-time student at a state institution of 19
postsecondary education and shall be selected annually in the following manner: 20
not later than June 1 of each year the eight (8) student body presidents of the four 21
(4) year state public institutions of higher education, the two (2) student members to 22
the Kentucky Community and Technical College System, and one (1) student body 23
president representing the members of the Association of Independent Kentucky 24
Colleges and Universities shall elect by majority vote three (3) nominees to submit 25
to the Governor. From this list of nominees, the Governor shall appoint a student 26
member. 27 UNOFFICIAL COPY 25 RS BR 272
Page 25 of 33
XXXX 2/17/2025 11:38 PM Jacketed
(5) In filling any vacancies, the Governor shall ensure the continuing representation 1
upon the council of the broad constituencies as set forth in subsection (2) of this 2
section. Vacancies on the council shall be filled for the unexpired term in 3
accordance with the procedures established for the original appointments. 4
(6) Each citizen member shall serve a term of six (6) years unless removed by the 5
Governor for cause[, except the initial appointments shall be as follows: 6
(a) Two (2) appointments shall expire December 31, 1997; 7
(b) Three (3) appointments shall expire December 31, 1998; 8
(c) Two (2) appointments shall expire December 31, 1999; 9
(d) Two (2) appointments shall expire December 31, 2000; 10
(e) Two (2) appointments shall expire December 31, 2001; and 11
(f) Two (2) appointments shall expire December 31, 2002]. 12
(7) Any person, other than the chief state school officer, holding either an elective or 13
appointive state office or who is a member of the governing board of any state 14
university in Kentucky, shall be ineligible for membership or appointment on the 15
council during his term. 16
(8) The members of the council shall elect the chair and the vice chair of the council 17
from among the council's membership, and the chair and vice chair shall serve at 18
the pleasure of the council. The vice chair shall serve as chair in the absence of the 19
chair. 20
(9) The council shall meet at least quarterly and at other times upon the call of the chair 21
or a majority of the council. 22
(10) A quorum shall be a majority of the appointive membership of the council. 23
(11) A quorum shall be required to organize and conduct the business of the council, 24
except that an affirmative vote of eight (8) or more appointive members of the 25
entire council shall be required to dismiss from employment the president of the 26
council, and to adopt or amend the state strategic postsecondary education agenda. 27 UNOFFICIAL COPY 25 RS BR 272
Page 26 of 33
XXXX 2/17/2025 11:38 PM Jacketed
(12) New appointees to the council shall not serve more than two (2) consecutive terms. 1
(13) New appointees to the council shall complete an orientation and education program 2
set forth in KRS 164.020(24)[(25)] to be eligible for appointment to a second term. 3
Section 8. KRS 164.131 is amended to read as follows: 4
(1) (a) The government of the University of Kentucky is vested in a board of trustees 5
appointed for a term set by law pursuant to Section 23 of the Constitution of 6
Kentucky. 7
(b) All appointed and elected persons shall be required to attend and complete an 8
orientation and education program prescribed by the council under KRS 9
164.020(24)[(25)], as a condition of their service and eligibility for 10
appointment or election to a second term. 11
(c) The board shall periodically evaluate the institution's progress in 12
implementing its missions, goals, and objectives to conform to the strategic 13
agenda. Officers and officials shall be held accountable for the status of the 14
institution's progress. 15
(d) Board members may be removed by the Governor under the following 16
circumstances: 17
1. For cause, pursuant to KRS 63.080(2); or 18
2. Pursuant to KRS 63.080(3) or (4). 19
(e) The board shall consist of sixteen (16) members appointed by the Governor, 20
two (2) members of the faculty of the University of Kentucky, one (1) 21
member of the University of Kentucky nonteaching personnel, and one (1) 22
member of the student body of the University of Kentucky. The members 23
appointed by the Governor shall be subject to confirmation by the Senate. The 24
voting members of the board shall select a chairperson annually. 25
(2) (a) The terms of the appointed members shall be for six (6) years and until their 26
successors are appointed and qualified, unless a member is removed by the 27 UNOFFICIAL COPY 25 RS BR 272
Page 27 of 33
XXXX 2/17/2025 11:38 PM Jacketed
Governor pursuant to KRS 63.080(2), (3), or (4), except the initial 1
appointments shall be as follows: 2
1. Two (2) members shall serve one (1) year terms; 3
2. Two (2) members shall serve two (2) year terms, one (1) of whom shall 4
be a graduate of the university, selected from a list of three (3) names 5
submitted by the alumni of the university according to rules established 6
by the board of trustees; 7
3. Three (3) members shall serve three (3) year terms; 8
4. Three (3) members shall serve four (4) year terms, one (1) of whom 9
shall be a graduate of the university, selected as under subparagraph 2. 10
of this subsection; 11
5. Three (3) members shall serve five (5) year terms; and 12
6. Three (3) members shall serve six (6) year terms, one (1) of whom shall 13
be a graduate of the university, selected as under subparagraph 2. of this 14
subsection. 15
(b) 1. Three (3) of the appointments shall be graduates of the university and 16
may include one (1) graduate of the institution who resides outside the 17
Commonwealth; 18
2. Three (3) shall be representative of agricultural interests; and 19
3. Ten (10) shall be other distinguished citizens representative of the 20
learned professions and may include one (1) who resides outside of 21
Kentucky. 22
(c) The Governor shall make the appointments so as to reflect proportional 23
representation of the two (2) leading political parties of the Commonwealth 24
based on the state's voter registration and the political affiliation of each 25
appointee as of December 31 of the year preceding the date of his or her 26
appointment, and to reflect no less than proportional representation of the 27 UNOFFICIAL COPY 25 RS BR 272
Page 28 of 33
XXXX 2/17/2025 11:38 PM Jacketed
minority racial composition of the Commonwealth based on the total minority 1
racial population using the most recent census or estimate data from the 2
United States Census Bureau. If the determination of proportional minority 3
representation does not result in a whole number of minority members, it shall 4
be rounded up to the next whole number. A particular political affiliation shall 5
not be a prerequisite to appointment to the board generally; however, if any 6
person is appointed to the board that does not represent either of the two (2) 7
leading political parties of the Commonwealth, the proportional representation 8
by political affiliation requirement shall be determined and satisfied based on 9
the total number of members on the board less any members not affiliated 10
with either of the two (2) leading political parties. 11
(d) Appointments to fill vacancies shall be made for the unexpired term in the 12
same manner as provided for the original appointments. 13
(3) The two (2) University of Kentucky faculty members shall be of the rank of 14
assistant professor or above. They shall be elected by secret ballot by all University 15
of Kentucky faculty members of the rank of assistant professor or above. Faculty 16
members shall serve for terms of three (3) years and until their successors are 17
elected and qualified. Faculty members shall be eligible for reelection, but they 18
shall be ineligible to continue to serve as members of the board of trustees if they 19
cease to be members of the faculty of the university. Elections to fill vacancies shall 20
be for the unexpired term in the same manner as provided for original elections. 21
(4) The nonteaching personnel member shall be any full-time staff member, excluding 22
the president, vice-presidents, academic deans, and academic department 23
chairpersons. The staff member shall represent all nonteaching university 24
employees, including but not limited to building facilities and clerical personnel. 25
The staff member shall be elected by secret ballot by the nonteaching employees. 26
The staff member shall serve a term of three (3) years and until a successor is 27 UNOFFICIAL COPY 25 RS BR 272
Page 29 of 33
XXXX 2/17/2025 11:38 PM Jacketed
elected and qualified. The staff member shall be eligible for reelection, but a staff 1
member who ceases being an employee of the university shall not be eligible to 2
continue to serve as a member of the board. Elections to fill vacancies shall be for 3
the unexpired term and shall be held in the same manner as provided for the 4
original election. 5
(5) The student member shall serve a one (1) year term beginning on July 1 after being 6
elected and sworn in as student body president and ending on the following June 7
30. If the student member does not maintain the position of student body president 8
or the status of a full-time student at any time during that academic year, a special 9
election shall be held to select a full-time student member. The elected student 10
member shall serve for the remainder of the unexpired term. 11
(6) The number of student and employee trustees of the University of Kentucky elected 12
to the board shall not exceed four (4). 13
(7) Unless specifically approved by the board of trustees under the provisions of KRS 14
164.367, no member of the administrative staff of the university shall be directly or 15
indirectly interested in any contract with the university for the sale of property, 16
materials, supplies, equipment, or services, with exception of compensation to the 17
two (2) faculty members, and the one (1) nonteaching personnel member. 18
(8) New appointees of the board shall not serve more than two (2) consecutive terms. 19
(9) The inability of the board to hold regular meetings, to elect a chairperson annually, 20
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 21
annual evaluation of the president of the university, or to carry out its primary 22
function to periodically evaluate the institution's progress in implementing its 23
mission, goals, and objectives to conform to the strategic agenda shall be cause for 24
the Governor to remove all appointed members of the board and replace the entire 25
appointed membership pursuant to KRS 63.080(4). 26
Section 9. KRS 164.2843 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 272
Page 30 of 33
XXXX 2/17/2025 11:38 PM Jacketed
Each institution of the postsecondary education system, as defined in KRS 164.001[(17)], 1
that provides in-state tuition for nonresident children of graduates may provide the same 2
in-state tuition for nonresident siblings of graduates. 3
Section 10. KRS 164.465 is amended to read as follows: 4
(1) The presidents of state postsecondary education institutions identified in KRS 5
161.220(4)(b) or 164.001(12) or (16)[(13) or (17)] shall distribute the written 6
information provided by the Office of the Attorney General and the Department for 7
Libraries and Archives under KRS 15.257 and 171.223 to each board of regents or 8
governing board member of their university. Distribution shall be accomplished 9
within sixty (60) days of receiving the written information from the Office of the 10
Attorney General and the Department for Libraries and Archives. Distribution to 11
newly appointed members shall be accomplished within sixty (60) days of their 12
appointment. The distribution may be by electronic means. 13
(2) The presidents of state public postsecondary education institutions, as identified in 14
subsection (1) of this section, shall require signatory proof that each board of 15
regents or governing board member has received the written information as 16
required under subsection (1) of this section, shall maintain documentation of 17
receipt on file, and shall certify to the Office of the Attorney General that the 18
written information has been distributed as required. 19
Section 11. KRS 164.821 is amended to read as follows: 20
(1) The government of the University of Louisville is vested in a board of trustees 21
appointed for a term set by law pursuant to Section 23 of the Constitution of 22
Kentucky. The board shall consist of ten (10) members appointed by the Governor, 23
at least one (1) of whom shall be a graduate of the university; one (1) member of 24
the teaching faculty of the University of Louisville who shall be the chief executive 25
of the ranking unit of faculty government; one (1) member of the permanent staff of 26
the University of Louisville who shall be the chief executive of the staff senate; and 27 UNOFFICIAL COPY 25 RS BR 272
Page 31 of 33
XXXX 2/17/2025 11:38 PM Jacketed
one (1) student member who shall be the president of the student body during the 1
appropriate academic year. The members appointed by the Governor shall be 2
subject to confirmation by the Senate. 3
(a) All appointed and elected persons shall be required to attend and complete an 4
orientation and education program prescribed by the council under KRS 5
164.020(24)[(25)], as a condition of their service and eligibility for 6
appointment or election to a second term. 7
(b) Board members may be removed by the Governor under the following 8
circumstances: 9
1. For cause, pursuant to KRS 63.080(2); or 10
2. Pursuant to KRS 63.080(3) or(4). 11
(c) New appointees to the board shall not serve more than two (2) consecutive 12
terms. 13
(2) The student member shall serve a one (1) year term beginning on July 1 after being 14
elected and sworn in as student body president and ending on the following June 15
30. If the student member does not maintain the position of student body president 16
or the status of a full-time student at any time during that academic year, a special 17
election shall be held to select a full-time student member. The elected student 18
member shall serve for the remainder of the unexpired term. 19
(3) The faculty member and staff member shall serve one (1) year terms and cease to 20
be eligible for membership on the board of trustees upon termination of their 21
respective relationships with, or leadership positions within, the university, and 22
vacancies occurring for this reason shall be filled for the remainder of the respective 23
terms in the same manner. 24
(4) The gubernatorial appointments shall serve a term of six (6) years and until their 25
successors are appointed and qualified, unless a member is removed by the 26
Governor pursuant to KRS 63.080(2), (3), or (4)[, except the initial terms shall be as 27 UNOFFICIAL COPY 25 RS BR 272
Page 32 of 33
XXXX 2/17/2025 11:38 PM Jacketed
follows: 1
(a) Two (2) members shall serve one (1) year terms; 2
(b) Two (2) members shall serve two (2) year terms; 3
(c) Two (2) members shall serve three (3) year terms; 4
(d) Two (2) members shall serve four (4) year terms; 5
(e) One (1) member shall serve a five (5) year term; and 6
(f) One (1) member shall serve a six (6) year term]. 7
(5) The Governor shall make his at-large appointments so as to divide the appointed 8
representation upon the board to reflect: 9
(a) The proportional representation of the two (2) leading political parties in the 10
Commonwealth based on the state's voter registration and the political 11
affiliation of each appointee as of December 31 of the year preceding the date 12
of his or her appointment. A particular political affiliation shall not be a 13
prerequisite to appointment to the board generally; however, if any person is 14
appointed to the board that does not represent either of the two (2) leading 15
political parties of the Commonwealth, the proportional representation by 16
political affiliation requirement shall be determined and satisfied based on the 17
total number of members on the board less any members not affiliated with 18
either of the two (2) leading political parties; and 19
(b) No less than the proportional representation of the minority racial composition 20
of the Commonwealth based on the total minority racial population using the 21
most recent census or estimate data from the United States Census Bureau. If 22
the determination of proportional minority representation does not result in a 23
whole number of minority members, it shall be rounded up to the next whole 24
number. 25
(6) Vacancies among the appointed members of the board occurring by death, 26
resignation, or any other cause, other than expiration of a term, shall be filled by 27 UNOFFICIAL COPY 25 RS BR 272
Page 33 of 33
XXXX 2/17/2025 11:38 PM Jacketed
appointments made by the Governor for the remainder of the unexpired term, 1
subject to the qualifications set forth in this section. 2
(7) Unless specifically approved by the board of trustees under the provisions of KRS 3
164.367, no member of the teaching or administrative staff of the university shall be 4
directly or indirectly interested in any contract with the university for the sale of 5
property, materials, supplies, equipment, or services, with the exception of 6
compensation to the faculty, staff, and student members. 7
(8) The inability of the board to hold regular meetings, to elect a chairperson annually, 8
to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an 9
annual evaluation of the president of the university, to carry out its primary function 10
to periodically evaluate the institution's progress in implementing its mission, goals, 11
and objectives to conform to the strategic agenda, or to otherwise perform its duties 12
under KRS 164.830 shall be cause for the Governor to remove all appointed 13
members of the board and replace the entire appointed membership pursuant to 14
KRS 63.080(4). 15
Section 12. The following KRS sections are repealed: 16
164.004 Strategic Committee on Postsecondary Education. 17
164.0285 Definitions for KRS 164.0285 to 164.0288. 18
164.0286 STEM Initiative Task Force -- Purpose -- Membership -- Steering committee 19
oversight and coordination -- Administrative attachment -- Contracting -- Funding. 20
164.0287 Duties of STEM Initiative Task Force -- Strategic plan -- Business plan. 21
164.0288 Kentucky STEM Initiative fund. 22
164.033 Local P-16 councils. 23