SB 4 — AN ACT relating to transportation and making an appropriation therefor.

(c) In addition to the restrictions of KRS 11A.040(7), members appointed to the Page 3 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA board shall not have any interest in any contract awarded by the Transportation Cabinet during their service, and for up to two (2) years after their service ends.

Page 2 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 (a) Any vacancy which occurs shall be filled for the unexpired term in accordance with the procedures established in subsectionssubsection (3) and (4) of this section.

(b) If any voting member misses more than two (2) consecutive meetings of the board without showing good cause, then that position shall be declared vacant by the board and filled in accordance with subsection (4) of this section.

(c) If a member who has been appointed to represent a congressional district changes residence to outside of that district, then that position shall be declared vacant by the board and filled in accordance with subsection (4) of this section.

(8) The board shall elect a chair and a vice chair from its voting members.

The terms of the chair and vice chair shall be for two (2) years.

Page 4 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA (12) Voting members shall serve without compensation but shall be reimbursed for all reasonable, necessary, and actual expenses.

A NEW SECTION OF KRS CHAPTER 174 IS CREATED TO Page 3 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 READ AS FOLLOWS:

(3) Developing and implementing an objective scoring system to rank potential projects for inclusion in the recommended six (6) year road plan and the proposedrecommended biennial highway construction plan, in accordance with Section 4 of this Act;

and (4) Developing and approving for submission to the General Assembly a recommended six (6) year road plan, including a recommended biennial highway construction plan, in accordance with Section 6 of this Act.

(1) In the selection and appointment of the Transportation Cabinet secretary, the board shallshall: set the qualifications for the position of the secretary, conduct a search for candidates, and select three (3) candidates.

(2)(a) TheSet names of the threequalifications (3)for candidatesthe shallposition, bewhich submittedshall, toat thea Governorminimum, whoinclude shallpossessing choosea onebroad (1)knowledge of them as secretary, except that, if the Governoradministrative, sofinancial, chooses,and hetechnical oraspects sheof may reject the firstdevelopment, listoperation, of names and directregulation the board to submit a list of threetransportation (3)systems additionaland names,facilities from which he or shecomparable shallsystems appointand thefacilities; secretary.

Page 5 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA (b) Conduct a search for candidates;

and (c) Select three (3) candidates for the consideration of the Governor in accordance with subsection (2) of this section.

(2) The names of the three (3) candidates shall be submitted to the Governor, who shall choose one (1) of them as secretary, except that, the Governor may direct the board to submit a list of three (3) additional names.

If the Governor requests a second list of candidates from the board, he or she shall appoint the secretary from one (1) of the six (6) candidates submitted by the board.

(4) OnceIn accordance with Section 12 of this Act, once appointed, the secretary shall serve at the pleasure of the board.

A NEW SECTION OF KRS CHAPTER 174 IS CREATED TO Page 4 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 READ AS FOLLOWS:

This prioritization process shall be used for the development of the recommended biennial highway construction Page 6 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA plan and the recommended six (6) year highway plan pursuant to Section 6 of this Act.

Within each highway district, the board may assign different weights to the factors, based on the unique needs and qualities of Page 5 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 each highway district.

(a) Projects not included in the recommended biennial highway construction plan and the recommended six (6) year road plan that are paid for with Page 7 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA bridge and pavement maintenance funds;

Page 6 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 (4) The Kentucky Transportation Board shall make public a schedule explaining various phases of the project identification, evaluation and selection process, including dates identifying the conclusion of each phase.

(2) No later than thirty (30) days prior to a vote to include a project, scored under the prioritization process outlined in Section 4 of this Act, in the recommended biennial highway construction plan or the recommended six (6) year road plan, Page 8 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA the board shall make public, in an accessible format:

(b) The results of the initial screening of candidate projects and strategies,strategies which determined the projects that were evaluated by the board, including the analysis behind the results;

(3) No later than thirty (30) days prior to the vote to include a pavement or bridge improvement project in the recommended biennial highway construction plan or the recommended six (6) year road plan, the Transportation Cabinet shall make public, in an accessible format, a list of projects eligible for these funds that the Page 7 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 cabinet recommends for inclusion.

These projects shall be drawn from the listingprioritized oflist prioritizedof pavement and bridge needs published by the cabinet pursuant to Section 8 of this Act.

(2) The Kentucky Transportation Board[Cabinet] shall develop a recommended six (6) year road plan that identifies the individual transportation projects or portions Page 9 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA thereof that are scheduled to be constructed in each county.

Page 8 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 (i) The estimated cost for each phase of the project;

As required by KRS 48.110, the Governor shall submit to the General Assembly, as part of the proposedrecommended[proposed] biennial highway construction plan, a list of projects from the last four (4) years of the six (6) year road plan, not to exceed ten percent (10%) of the recommended biennial highway construction appropriation, which can be advanced if additional money is received and all projects included in the enacted biennial highway construction plan have been advanced or completed to the extent Page 10 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA possible.

(5) The Transportation Cabinet shall, on a monthly basis, transmit electronically to the General Assembly through the Legislative Research Commission a report on all Page 9 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 activity relating to all projects with open activity conducted by the Transportation Cabinet during the biennium.

and Page 11 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA 3.

(i) The phase code "P" for the planning phase, "D" for the design phase, "R" for the right-of-way phase, "U" for the utility phase, and "C" for the construction Page 10 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 phase;

(p) The date right-of-way plans are to be submitted to the central office in Page 12 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA Frankfort and the status of right-of-way plans;

(6) The department shall transmit notificationelectronically to the General AssemblyAssembly, through the Legislative Research CommissionCommission, notification of a project in the enacted biennial highway construction plan of which the department will not undertake a phase in the year Page 11 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 scheduled in the plan.

Information transmitted under this subsection shall include all the information enumerated in subsection (5) of this section, along with a statement from the department as to the reason the project will be delayed and an estimated timeline for beginning the projectproject, or the reason the project will not be undertaken.

(7) The department shallshall,[ transmittransmit] on a monthly basis, electronictransmit dataelectronically[electronic data] to the General AssemblyAssembly, through the Legislative Research CommissionCommission, data on the activity on all state resurfacing projects and all Page 13 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA rural secondary projects that shall include as much applicable information as possible as identified in subsection (5) of this section.

Page 12 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 (b) The Chief Justice for the judicial branch;

Page 14 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA 2.

(5) Summary and detailed comparative statements of expenditures itemized by budget Page 13 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 unit for each of the two (2) fiscal years last concluded and requests for appropriations by funds or accounts, the budget of the current year, and the recommendations for appropriations for each of the next two (2) fiscal years.

(a) Recommendations of the branch of government for appropriations for the next two (2) fiscal years, and drafts of such revenue and other acts as may be Page 15 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA recommended for implementing the proposed financial plan;

The plan shall include provisions for the expenditure of a surplus, and may provide for additional moneys for nonrecurring expenditures for Page 14 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 which an appropriation was not made in a branch budget bill, or for a program or service authorized by law for which an appropriation was not made, or which was not fully funded.

Page 16 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA a.

Each branch budget bill shall contain only a complete list of the specific capital construction Page 15 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 projects recommended for funding during the biennium and, for each project, the information specified in subparagraph 2.b.v., vi., and vii.

Page 17 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA a.

The recommended program for the purchase of major items of Page 16 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 equipment submitted by the head of each branch of government shall include:

The estimated cost of the item, including ancillary expenses and any expenses necessary to make the equipment Page 18 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA functional and operational;

A recommended biennial highway construction plan, which shall be approved by the Kentucky Transportation Board established under Section 1 of this Act, presented as a separate bill, and [which shall Page 17 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 ]include a list of individual transportation projects included in the last four (4) years of the six (6) year road plan, not to exceed ten percent (10%) of the recommended biennial highway construction appropriation, which can be advanced if:

The Governor shall have ten (10) working days after submission of the Page 19 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA branch budget recommendation and the recommended biennial highway construction plan to submit the six (6) year road plan.

Page 18 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 The total amount of appropriations recommended from any fund shall not exceed the cash resources estimated to be available and to become available to meet expenditures under the appropriations;

Page 20 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA (b) Examine all projects and ascertain the feasibility of all routes;

(g) From time to time, examine and have examined and audited all of its books, Page 19 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 papers and records;

and all necessary forms in connection therewith;[ and] (i) On or before September 1, 2020, and annually thereafter, publish a prioritized list of prioritized bridge and pavement improvement needs, based on safety and state of disrepair.

This list shall be published on the Transportation Cabinet's Web site and transmitted electronically to the General Assembly Page 21 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA through the Legislative Research Commission;

KRS 45.247 is amended to read as follows:

(1) There is created within the road fund the highway construction contingency account.

The account shall consist of moneys appropriated to the account by the General Assembly.

The Transportation Cabinet may transfer money from the highway construction contingency account to a highway construction project, for expenditure thereon.

These moneys may be authorized by the secretary of the Transportation Cabinet for:

Page 20 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 (a)[(1)] Projects of an emergency nature;

(b)[(2)] Promotion of economic or industrial development;

(c)[(3)] Relief of a hazardous condition;

(d)[(4)] Other purposes that the secretary determines to be a priority;

(e)[(5)] Provision of required state match for any unanticipated federal funds made available by the Federal Highway Administration to the Commonwealth as a result of other states not utilizing their total federal obligation;

(f)[(6)] The funding of any nonfederal share of a project in a previous or the current biennial highway construction programs that exceeds its cost estimate;

(g)[(7)] The nonfederal share of federal emergency highway projects, federal discretionary projects, and federal demonstration projects;

and (h)[(8)] The nonfederal share of projects due to an increase in the federal apportionment or federal obligation limits.

(2) At the conclusion of each fiscal year, any moneys in the highway construction contingency account in excess of ten percent (10%) of the amount appropriated for that fiscal year shall lapse to the state construction account.

Section 10.

The secretary to be appointed by the Governor under KRS 12.255;12.255 and Section 3 of this Act;

The deputy secretary appointed underby KRSthe 12.040.secretary.

The Kentucky Transportation Board established in Section 1 of this Act shall be attached to the Office of the Secretary for administrative purposes;purposes[under KRS 12.040];

(b) The Department of Highways, headed by a commissioner, appointed by the Governorsecretary[Governor under KRS 12.040;12.040];

(c) The Department of Vehicle Regulation, headed by a commissioner, appointed Page 21 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 by the Governorsecretary[Governor under KRS 12.040.12.040].

(d) The Department of Rural and Municipal Aid, headed by a commissioner Page 22 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA appointed by the Governorsecretary[Governor under KRS 12.040;12.040];

(e) The Department of Aviation, headed by a commissioner appointed by the Governorsecretary[Governor under KRS 12.040.12.040].

(f) The Office of Support Services, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

(g) The Office of Transportation Delivery, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

(h) The Office of Audits, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

(i) The Office of Human Resource Management, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

(j) The Office of Information Technology, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

(k) The Office of Legal Services, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

The Office of Public Affairs, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

The Office of Budget and Fiscal Management, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

The Office for Civil Rights and Small Business Development, headed by Page 22 of 24 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 184 an executive director appointed underby the secretary[under KRS 12.040;12.040];

The Office of Inspector General, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

Page 23 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA (m) The following offices, which shall be attached to the Department of Highways:

The Office of Project Development, headed by an executive director appointed underby the secretary[under KRS 12.040,12.040], who shall be a registered professional engineer under KRS Chapter 322, and who shall be known as the deputy state highway engineer for project development;

The Office of Project Delivery and Preservation, headed by an executive director appointed underby the secretary[under KRS 12.040,12.040], who shall be a registered professional engineer under KRS Chapter 322, and who shall be known as the deputy state highway engineer for project delivery and preservation;

The Office of Highway Safety, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

Highway District Offices One through Twelve, each district office to be headed by an executive director, also known as the chief district engineer, appointed underby the secretary[under KRS 12.040,12.040], who shall be a registered professional engineer under KRS Chapter 322;

Office of Local Programs, headed by an executive director appointed underby the secretary[under KRS 12.040;12.040];

Office of Rural and Secondary Roads, headed by an executive director appointed underby the secretary[under KRS 12.040.12.040].

(2) TheNotwithstanding position of director in the Divisionprovisions of EnvironmentalKRS Analysis12.040, isthe afollowing policy-positions Pageshall 23be ofappointed 24by XXXXthe Jacketedsecretary: UNOFFICIAL COPY 20 RS BR 184 making position under KRS 18A.175.

(a) The deputy secretary;

(b) All department heads and other appointed positions listed in paragraphs (b) Page 24 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA to (n) of subsection (1) of this section;

and (c) All other unclassified employees of the cabinet.

(3) The position of director in the Division of Environmental Analysis is a policy- making position under KRS 18A.175.

Section 10.

KRS 176.020 is amended to read as follows:

(1) With prior approval of the[ Governor and the] secretary in writing, the commissioner of highways shall appoint as state highway engineer, a civil engineer who has had at least six (6) years executive engineering experience in the design, supervision, and construction of highways.

He or she shall be the technical advisor to the commissioner of highways, and under the direction of the commissioner, he or she shall supervise all construction and maintenance work of the department and perform such other duties as are assigned[ to him] by the commissioner.

(2) With prior approval of the secretary and pursuant to KRS Chapter 12, the department shall be divided into such divisions as the commissioner of highways may deem necessary to perform the duties and functions of the department.

Each division shall perform the duties assigned to it by the commissioner of highways and shall be headed by a director who shall act under the direction and supervision of the commissioner of highways.

InitialKRS appointments11A.010 tois theamended Kentuckyto Transportationread Board shall serve staggered terms as follows:

(1)As Theused membersin representingthis thechapter, Firstunless andthe Secondcontext Congressionalotherwise Districtsrequires: shall serve terms that expire August 1, 2021;

(2)(1) The"Business" membersmeans representingany thecorporation, Thirdlimited Congressionalliability Districtcompany, andpartnership, onelimited ofpartnership, thesole membersproprietorship, representingfirm, theenterprise, statefranchise, atassociation, largeorganization, shallself-employed serveindividual, termsholding thatcompany, expirejoint Auguststock 1,company, 2022;receivership, trust, or any legal entity through which business is conducted, whether or not for profit;

(3)(2) The"Commission" membersmeans representing the FourthExecutive CongressionalBranch DistrictEthics andCommission; one of the members representing the state at large shall serve terms that expire August 1, 2023;

(4)(3) The"Compensation" membersmeans representingany themoney, Fifththing andof Sixthvalue, Congressionalor Districtseconomic andbenefit oneconferred Page 25 of the33 membersSB000410.100 representing- the184 state- atXXXX largeGA shallUNOFFICIAL serveCOPY terms20 thatRS expireSB August4/GA 1,on, 2024.or received by, any person in return for services rendered, or to be rendered, by himself or another;

Thereafter,(4) members"Family" shallmeans bespouse appointedand tochildren, four-yearas termswell inas accordancea withperson Sectionwho 1is related to a public servant as any of thisthe Act.following, whether by blood or adoption:

Pageparent, 24brother, ofsister, 24grandparent, XXXXgrandchild, Jacketedfather-in-law, mother-in-law, brother-in-law, sister- in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister;

(5) "Gift" means a payment, loan, subscription, advance, deposit of money, services, or anything of value, unless consideration of equal or greater value is received;

"gift" does not include gifts from family members, campaign contributions, the waiver of a registration fee for a presenter at a conference or training described in KRS 45A.097(5), or door prizes available to the public;

(6) "Income" means any money or thing of value received or to be received as a claim on future services, whether in the form of a fee, salary, expense allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other form of compensation or any combination thereof;

(7) "Officer" means:

(a) All major management personnel in the executive branch of state government, including the secretary of the cabinet, the Governor's chief executive officers, cabinet secretaries, deputy cabinet secretaries, general counsels, commissioners, deputy commissioners, executive directors, executive assistants, policy advisors, special assistants, administrative coordinators, executive advisors, staff assistants, and division directors;

(b) Members and full-time chief administrative officers of:

1.

The Parole Board;

2.

Kentucky Claims Commission;

3.

Kentucky Retirement Systems board of trustees;

Page 26 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA 4.

Kentucky Teachers' Retirement System board of trustees;

5.

The Kentucky Public Employees Deferred Compensation Authority board of trustees;

6.

Public Service Commission;

7.

Worker's Compensation Board and its administrative law judges;

8.

The Kentucky Occupational Safety and Health Review Commission;

9.

The Kentucky Board of Education;[ and] 10.

The Council on Postsecondary Education;

and 11.

The Kentucky Transportation Board;

(c) Salaried members of executive branch boards and commissions;

and (d) Any person who, through a personal service contract or any other contractual employment arrangement with an agency, performs on a full-time, nonseasonal basis a function of any major management position listed in this subsection;

(8) "Official duty" means any responsibility imposed on a public servant by virtue of his or her position in the state service;

(9) "Public servant" means:

(a) The Governor;

(b) The Lieutenant Governor;

(c) The Secretary of State;

(d) The Attorney General;

(e) The Treasurer;

(f) The Commissioner of Agriculture;

(g) The Auditor of Public Accounts;

(h) All employees in the executive branch including officers as defined in subsection (7) of this section and merit employees;

and (i) Any person who, through any contractual arrangement with an agency, is Page 27 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA employed to perform a function of a position within an executive branch agency on a full-time, nonseasonal basis;

(10) "Agency" means every state office, cabinet, department, board, commission, public corporation, or authority in the executive branch of state government.

A public servant is employed by the agency by which his or her appointing authority is employed, unless his or her agency is attached to the appointing authority's agency for administrative purposes only, or unless the agency's characteristics are of a separate independent nature distinct from the appointing authority and it is considered an agency on its own, such as an independent department;

(11) "Lobbyist" means any person employed as a legislative agent as defined in KRS 6.611(23) or any person employed as an executive agency lobbyist as defined in KRS 11A.201(8);

(12) "Lobbyist's principal" means the entity in whose behalf the lobbyist promotes, opposes, or acts;

(13) "Candidate" means those persons who have officially filed candidacy papers or who have been nominated by their political party pursuant to KRS 118.105, 118.115, 118.325, or 118.760 for any of the offices enumerated in subsections (9)(a) to (g) of this section;

(14) "Does business with" or "doing business with" means contracting, entering into an agreement, leasing, or otherwise exchanging services or goods with a state agency in return for payment by the state, including accepting a grant, but not including accepting a state entitlement fund disbursement;

(15) "Public agency" means any governmental entity;

(16) "Appointing authority" means the agency head or any person whom he or she has authorized by law to act on behalf of the agency with respect to employee appointments;

(17) "Represent" means to attend an agency proceeding, write a letter, or communicate Page 28 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA with an employee of an agency on behalf of someone else;

(18) "Directly involved" means to work on personally or to supervise someone who works on personally;

(19) "Sporting event" means any professional or amateur sport, athletic game, contest, event, or race involving machines, persons, or animals, for which admission tickets are offered for sale and that is viewed by the public;

(20) "Person" means an individual, proprietorship, firm, partnership, limited partnership, joint venture, joint stock company, syndicate, business or statutory trust, donative trust, estate, company, corporation, limited liability company, association, club, committee, organization, or group of persons acting in concert;

and (21) "Salaried" means receiving a fixed compensation or benefit reserved for full-time employees, which is paid on a regular basis without regard to the actual number of hours worked.

Section 12.

KRS 63.080 is amended to read as follows:

(1) Except as provided in subsections[subsection] (2) and (5) of this section, Sections 2 and 3 of this Act, and otherwise provided by law, any person appointed by the Governor, either with or without the advice and consent of the Senate, may be removed from office by the Governor for any cause the Governor deems sufficient, by an order of the Governor entered in the executive journal removing the officer.

(2) (a) Except as provided in subsections (3) and (4) of this section, members of the board of trustees of the University of Kentucky, the board of trustees of the University of Louisville, members of the board of regents respectively of Eastern Kentucky University, Western Kentucky University, Morehead State University, Kentucky State University, Northern Kentucky University, Murray State University, and the Kentucky Community and Technical College System shall not be removed except for cause.

(b) Members of the Kentucky Board of Education and the Council on Page 29 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA Postsecondary Education shall not be removed except for cause.

(c) A member of a board of trustees or board of regents specified in paragraph (a) of this subsection may be removed for cause as follows:

1.

The Governor or the board of trustees or board of regents, as applicable, shall notify, in writing, the member and the Council on Postsecondary Education that the member should be removed for cause and shall specify the conduct warranting removal;

2.

The member shall have seven (7) days to voluntarily resign or to provide evidence to the Council on Postsecondary Education that the member's conduct does not warrant removal;

3.

Within thirty (30) days after receipt of notice from the Governor or the board, the Council on Postsecondary Education shall review the written notice, investigate the member and the conduct alleged to support removal, and make a nonbinding recommendation, in writing, to the Governor as to whether the member should be removed, a copy of which shall also be provided to the Legislative Research Commission;

4.

The Governor shall then make a determination, in writing, whether the member should be removed and shall notify the member, the applicable board, the Council on Postsecondary Education, and the Legislative Research Commission of the determination;

and 5.

If the Governor's determination is to remove the member, the Governor shall remove the member by executive order, and shall replace the member with a new appointment according to the applicable statutes for the board of trustees or board of regents.

(d) For the purposes of this subsection, a member may be removed for cause for conduct including but not limited to malfeasance, misfeasance, incompetence, or gross neglect of duty.

Page 30 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA (3) For a board specified in subsection (2)(a) of this section that is required by law to have proportional representation in its membership based on residence, political affiliation, gender, minority racial composition, or professional qualifications, the Governor or other appointing authority may remove any member of the board and replace him or her with another individual in order to bring the membership into compliance with the statutory proportional representation requirement for the board, provided that the Governor or other appointing authority shall:

(a) Only exercise the removal authority granted in this subsection if appointment at the end of the next expiring term of a member, or at the end of the next expiring term of members if two (2) or more members' terms expire at the same time, cannot cure the deficiency in the proportional representation requirement;

(b) Remove the fewest number of members necessary to bring the membership into compliance with the proportional representation requirement for the board;

(c) Identify the order in which the members were appointed to their current terms on the board and, beginning with the most recently appointed member who may be removed and replaced to bring the membership into compliance with the proportional representation requirement, remove the member or members according to the length of their tenure on the board, without taking into account any prior term of service on the board by the member;

(d) Provide any member proposed to be removed with the following:

1.

Written notice, at least seven (7) days prior to the member's removal from the board, stating the statutory proportional representation requirement that the member does not satisfy;

and 2.

An opportunity during the seven (7) day notice period for the member to voluntarily resign or to provide evidence to the Governor or other Page 31 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA appointing authority that the member does satisfy the proportional representation requirement or that another member on the board who also does not satisfy the requirement has a shorter tenure than the member proposed to be removed;

(e) Replace any removed member with only those individuals who will bring the board into compliance with the proportional representation requirement;

and (f) Appoint any new member in the same manner as provided by law for the member being removed and to fill the remainder of the removed member's unexpired term.

(4) For a board of trustees or board of regents specified in subsection (2)(a) of this section, the Governor may remove for cause all appointed members of the board and replace the entire appointed membership as follows:

(a) The Governor shall notify, in writing, the board and the Council on Postsecondary Education that the entire appointed membership of the board should be removed for cause and shall specify the conduct warranting removal;

(b) The board or its members shall have seven (7) days to voluntarily resign or to provide evidence to the Council on Postsecondary Education that the conduct of the board or of individual members does not warrant removal;

(c) Within thirty (30) days after receipt of notice from the Governor, the Council on Postsecondary Education shall review the written notice, investigate the board and the conduct alleged to support removal, and make a nonbinding recommendation, in writing, to the Governor as to whether the appointed board membership should be removed, a copy of which shall also be provided to the Legislative Research Commission;

(d) The Governor shall then make a determination, in writing, whether the entire appointed board membership should be removed and shall notify the Page 32 of 33 SB000410.100 - 184 - XXXX GA UNOFFICIAL COPY 20 RS SB 4/GA members, the Council on Postsecondary Education, and the Legislative Research Commission of the determination;

and (e) If the Governor's determination is to remove the entire appointed membership of the board, the Governor shall remove the members by executive order, and shall replace the members with new appointments according to the applicable statutes for the board of trustees or board or regents.

For the purposes of this subsection, the entire appointed membership of a board of trustees or board of regents may be removed for cause if the board is no longer functioning according to its statutory mandate as specified in the enabling statutes applicable to the board, or if the board membership's conduct as a whole constitutes malfeasance, misfeasance, incompetence, or gross neglect of duty, such that the conduct cannot be attributed to any single member or members.

(5) Members of the Kentucky Transportation Board established under Section 1 of this Act shall not be removed except for cause.

Section 13.

Within 10 days of the effective date of this Act, the Governor shall solicit nominations for board membership in accordance with the process outlined in Section 1 of this Act.

The Governor shall make initial appointments to the board in an expedited manner so the board may start to conduct its duties under Sections 3, 4, and 5 of the Act.

Section 14.

At the initial meeting of the board, the board shall begin the process for the selection of the cabinet secretary in accordance with Section 3 of this Act.

Notwithstanding the provisions of KRS 11.160(1)(f), the Transportation Cabinet secretary serving on the effective date of this Act, or his or her successor appointed prior to the establishment of the board, shall continue to serve in the position until a secretary is appointed and confirmed under Section 3 of this Act.

Page 33 of 33 SB000410.100 - 184 - XXXX GA