AN ACT relating to postsecondary education and declaring an emergency.
     Amend KRS 164.001 to establish definitions to govern KRS Chapter 164 relating to postsecondary education; create various new sections of KRS Chapter 164 to establish the University of Kentucky Community and Technical College System to govern the operations of the system and implement an integrated system of community and technical college education; create a branch for the community colleges and a branch for the technical institutions; establish the system's mission; establish selection procedures for a chancellor and 2 vice chancellors, one for each branch, all who serve at the pleasure of the University of Kentucky president; membership of the board shall include 4 members appointed by the Council on Postsecondary Education, 4 members appointed by the board of trustees of the University of Kentucky, 2 faculty members, 2 nonteaching personnel members, and 2 students; establish 6 year terms for the appointed members; establish procedures for selecting the chair, vice chair and other officers; establish the duties and responsibilities of the board including submitting a consolidated budget request, recommending a master plan for the community and technical college education to the Council on Postsecondary Education, establishing performance standards, and administering the programs of adult education and literacy; transfer the employees, property, facilities, funds, and records relating to the operation of the postsecondary institutions in the Kentucky Tech System from the Cabinet for Workforce Development to the University of Kentucky Community and Technical College System effective July 1, 1998; establish personnel benefits; transfer staff, equipment, supplies, and funds from the Department of Adult Education and Literacy to the University of Kentucky Community and Technical College System, effective July 1, 1998; transfer responsibilities, programs, staff, equipment, property, facilities, funds, and records of the University of Kentucky Community Colleges to the management of the University of Kentucky Community and Technical College System; establish that employees remain under University of Kentucky personnel rules; specify that the University of Kentucky Community and Technical College Board shall appoint faculty and employees and fix compensation and tenure; restrict employment of persons for no longer than four years; prohibit employment of persons who have relatives on the board; provide requirements for removal of faculty or employees by the board; require the chancellor to provide reports and recommendations to the board, and to prepare a budget request for the system to present to the board of trustees for approval and forwarding to the Council on Postsecondary Education; require the University of Kentucky to provide necessary services to the University of Kentucky Community and Technical College System; amend KRS 18A.115 to describe rights of persons transferred from the Cabinet for Workforce Development to the University of Kentucky Community and Technical College System; amend KRS 42.540, 42.545, 45A.850, and 56.495 to add the University of Kentucky Community and Technical College System to statutes relating to bonding; amend KRS 95A.020 to place the vice chancellor for the Technical Institutions' Branch of the University of Kentucky Community College System, rather than the Commissioner of the Department for Adult and Technical Education as an ex officio member of the Commission on Fire Protection Personnel Standards and Education; amend KRS 151B.023 to require the Department for Adult Education and Literacy to be headed by a chief administrator, appointed by the chancellor of the University of Kentucky Community and Technical College System; require the Department of Adult Education and Literacy to prepare a budget request and submit it to the chancellor for approval of the University of Kentucky Community and Technical College board; require the budget request to be forwarded to the Council on Postsecondary Education for submission to the General Assembly; amend KRS 151B.025 to require principals, counselors, and teachers at secondary area vocational schools and technology centers to be certified by the Education Professional Standards Board rather than the Kentucky Board of Education; amend KRS 151B.030 to create a Division of Administrative Services, an Office of Area Vocational Education and Technology, and a Division of Curriculum Services within the Department for Technical Education; amend KRS 151B.035 to specify the rights of employees transferred from the Cabinet for Workforce Development to the University of Kentucky Community and Technical College System; amend KRS 151B.095 to permit the State Board for Adult and Technical Education to enter into agreements with the University of Kentucky Community and Technical College System to provide space and equipment and to prohibit the board from operating full-time diploma postsecondary programs without the approval of the University of Kentucky Community and Technical College System; amend KRS 151B.110 to place the secondary area vocational education and technology centers under the control of the State Board of Adult and Technical Education, and to give the board the responsibility for adult education and literacy programs; amend KRS 151B.115 to require programming of vocational-technical education nondegree programs to be pursued between the University of Kentucky Community and Technical College System and other postsecondary institutions, and require new programs below the associate degree level to be reviewed and approved by the University of Kentucky Community and Technical College System and he Council on Postsecondary Education; amend KRS 151B.130 to transfer governance of the Foundation for Adult Education from the State Board for Adult and Technical Education to the University of Kentucky Community and Technical College Board; amend KRS 151B.140 to require the University of Kentucky Community and Technical College System to administer a statewide adult literacy program, rather than the Cabinet for Workforce Development; amend KRS 151B.165 to provide for the payment of fees and tuition relating to vocational education; amend KRS 154.47-055 to require the University of Kentucky Community and Technical College System to develop training in secondary wood products manufacturing, rather than the University of Kentucky and the Kentucky Tech System; amend KRS 161.220 relating to Teacher's Retirement to include employees in the University of Kentucky Community and Technical College System, in secondary area vocational education schools and in area technology centers in the definition of "member"; amend KRS 161.567 and 161.568 relating to optional retirement plans to change references to institutions of "higher education" to "postsecondary education"; amend KRS 164.005 to rename the Governor's Higher Education Nominating Committee the Governor's Postsecondary Education Nominating Committee and to require the committee to make appointments to boards under KRS 164.131, 164.321 and 164.821, to exempt appointments to four members of the University of Kentucky Community and Technical College System, which shall be made by The University of Kentucky Board of Trustees, to create nepotism restrictions, and to prohibit a postsecondary institution from awarding an honorary degree to a sitting Governor; amend KRS 164.011 to create the Council on Postsecondary Education; members shall be the commissioner of education as a nonvoting member and 13 members appointed by the Governor and confirmed by the House and Senate; establish procedures and time frames for nominations and appointments to the council; require the Governor to appoint the chair and vice chair of the council; amend KRS 164.020 to establish the powers, duties, and responsibilities of the council on postsecondary education; add the president of the University of Kentucky Community and Technical College System as a member of an advisory conference for the Council on Postsecondary Education; amend KRS 164.050 to raise the pay of members of the Council on Postsecondary Education from $65 to $100 per meeting; amend KRS 164.095 to require the Council on Postsecondary Education to provide a method for evaluating the institution's goals, principles, strategies, objectives, and benchmarks, to require the council to implement a system of accountability for postsecondary education institutions, and to use the accountability information to consider funding requests; amend KRS 164.131 to give the Council on Postsecondary Education, rather than the Governor, the responsibility of appointing eight members to the University of Kentucky Board of Trustees, leaving the Governor 8 appointments; amend KRS 164.2891 to permit any postsecondary education institution under the jurisdiction of the council on postsecondary education to have a faculty member as a voting member of its board of trustees or regents; amend KRS 164.295 to require all programs of a community college nature to be reviewed by the University of Kentucky Community and Technical College Board who makes recommendations to the Council on Postsecondary Education; amend KRS 164.321 to direct that the Council on Postsecondary Education, rather than the Governor, appoint four 4 members to boards of regional universities, leaving the Governor 4 appointments, require an additional 6 board members representing faculty, students, and nonteaching personnel for the University of Kentucky Community and Technical College Board, set other requirements, require an orientation program for members, require a signed statement of understanding executed by members, and allow removal by the Governor for cause; amend KRS 164.335 to prohibit General Assembly members from serving on certain educational boards; amend KRS 164.365 to require the University of Kentucky Community and Technical College board to develop personnel rules; amend KRS 164.540 to prohibit educational institutions to from refusing entrance on the basis of race, national origin, gender, creed, or religion; amend KRS 164.580 to require community colleges to provide services to business and industry and the public to improve knowledge and skills of workers; amend KRS 164.591 to require a community college or extension in Paducah, to permit associate degree programs with the recommendation of the University of Kentucky Community and Technical College Board and approval by Council on Postsecondary Education, and require approval of new community colleges by the General Assembly; amend KRS 164.593 to require the board of regents of the KY Community and Technical College System to recognize previous actions committed, and permit Paducah Junior College to be included under certain conditions; amend KRS 164.595 to stipulate that Northern Community College shall not be a part of the University of Kentucky Community and Technical College System, but that its programs are subject to review by the University of Kentucky Community and Technical College System, and approval by the Council on Postsecondary Education; amend KRS 164.600 to give the Council on Postsecondary Education, rather than the Governor, 4 appointments to local community college advisory boards, leaving the Governor 3 appointments; amend KRS 164.821 to give the Council on Postsecondary Education 9 appointments to the University of Louisville board of trustees, leaving the Governor with 8 appointments, require board members to attend an orientation section and to sign a statement of affirmation, permit removal of board members by the Governor for cause, and prohibit more than 2 consecutive terms; amend KRS 164.830 to increase representation on the University of Louisville executive committee from five to six members, requiring one member representing students, faculty and nonteaching personnel, and require periodic evaluations of the institution's progress, and hold officers and officials accountable; amend KRS 164A.575 to require real property acquired by institutions to be in the name of the Commonwealth for the use and benefit of the institution; amend KRS 168.020 to include institutions in the Kentucky community and technical college system under the definition of "state colleges and universities"; amend KRS 343.020 to add the chancellor for the Technical Institutions' Branch in the Kentucky Community and Technical College System to the Apprenticeship and Training Council, to replace the appointee of the State Board of Adult and Technical Education; amend various sections to change references from the Council of Higher Education to the Council on Postsecondary Education, from executive director to president, from public institutions or institutions of higher learning to postsecondary education institutions, and to include a reference to the University of Kentucky Community and Technical College System; repeal KRS 151B.160, 164.575, 164,582, and 186.1865; severability clause; July 1, 1998 effective date for Sections 28, 37, and 38; EMERGENCY.

     May 15-introduced in House
     May 16-to Education (H)