AN ACT relating to postsecondary education and declaring an emergency.
     Create a new section of KRS Chapter 164, relating to state universities and colleges, to establish legislative intent and set forth goals a new Council on Postsecondary Education is to implement by the year 2020; amend KRS 164.001 to establish definitions to govern KRS Chapter 164; create various new sections of KRS Chapter 164 to create a Strategic Committee on Postsecondary Education; establish membership and duties of the committee; provide for members to serve on the search committee for the initial appointment of the president to the Council on Postsecondary Education; establish procedures to be followed to conduct a search for the president; require the council to employ a search firm and establish job requirements, duties, and salary of the council president; require the Council on Postsecondary Education to adopt a strategic agenda to carry out goals established in Section 2 of the Act; require the council to develop objective measures to judge the implementation of goals and establish criteria for benchmarks; create a strategic investment and incentive program for postsecondary education and establish six individual strategic investment funds within the State Treasury; permit the individual trust funds to receive state appropriations, gifts from public and private sources, and federal funds; establish how unalloted or unencumbered balances in the trust funds are to be invested; require the Council on Postsecondary Education to make biennial budget requests for the Strategic Investment and Incentive Funding Program; establish the research challenge trust fund and application criteria and allocate appropriations between UK and U of L; establish the regional university excellence trust fund and require funds to be apportioned to each of the six regional universities on a proportional basis; establish the technology initiative trust fund and establish how the Council on Postsecondary Education is authorized to use the fund; establish the physical facilities trust fund and establish how the Council on Postsecondary Education is authorized to use the fund; require all capital projects funded under the trust fund to go through the capital review process of KRS Chapters 7A, 45, 45A, and 48; establish the postsecondary workforce development trust fund and establish how the Council on Postsecondary Education is authorized to use the fund to assist community colleges and technical institutions for the acquisition of equipment and technology; establish the student financial aid and advancement trust fund and establish how the Council on Postsecondary Education is authorized to use the fund; create the distance learning advisory committee to advise the Commonwealth Virtual University; establish membership of the advisory committee; mandate the president of the KY Community & Technical College System to appoint 2 chancellors, one to head the community colleges branch and one to head the technical institution's branch, except the first chancellor shall be the present chancellor of the UK Community College System; require that the next appointments of the chancellor for the community colleges' branch be appointed by the president from nominations of a search committee composed of equal members appointed by the UK board of trustees and the KY Community and Technical College System board of regents; establish the chancellors' qualifications and duties; effective 7/1/98 transfer all staff, property, and responsibility of postsecondary institutions in the KY Tech System from the Cabinet for Workforce Development to the KY Community & Technical College System; establish in detail how employees and responsibilities are to be transferred; effective 7/1/98 transfer all staff, property, and responsibilities of the community colleges from UK to the KY Community and Technical College System - with the exception of Lexington Community College, which is to be retained by UK; establish in detail how employees and responsibilities are to be transferred; establish that community college students shall retain rights and privileges provided in the UK Community College System administered by the UK board of trustees; authorize the board of regents for the KY Community and Technical College System to provide medical and accident insurance to students enrolled in the system; require the president on behalf of the board of regents for the KY Community and Technical College System to report biennially during odd-numbered years to the Council on Postsecondary Education on the condition and operation of the system; require the Council on Postsecondary Education to establish regional advisory groups to assist in the development of regional strategies for technical and community college education; authorize the KY Community & Technical College system to purchase necessary services from UK; require the transfer of credit hours to be recognized and accepted in the same manner as they were handled prior to the creation of the KY Community and Technical College System; require the Council on Postsecondary Education to resolve disputes relating to the transfer of credit hours; require the finance cabinet, on or before 8/15/99 and each subsequent odd-numbered year, to provide each branch of government a budget planning report based on information reported by the consensus forecasting group created by KRS 48.115; amend KRS 18A.115 to exempt employees of the Council on Postsecondary Education from the state's classified employment service; refuse to guarantee reemployment rights to employees of the KY Community and Technical College System transferred under this Act; amend KRS 61.525 to include employees of the KY Community and Technical College System under the Kentucky Employees Retirement System; amend KRS 63.080 to prohibit the removal of members of boards of trustees, boards of regents, and the Council on Postsecondary Education without cause; amend KRS 95A.020 to conform, to delete references to the commissioner of the Department for Adult and Technical Education and add the chancellor for the technical branch of the KY Community and Technical College System; delete references to the office of KY Tech System under the Workforce Development Cabinet; add the KY Community and Technical College System; amend KRS 151B.025 to limit the Department for Technical Education within the Cabinet for Workforce Development to responsibility for state-operated secondary area vocational education and technology centers; change KY Board of Education to Education Professional Standards Board; amend KRS 151B.030 to conform, to delete references to the deputy commissioner of the Department for Technical Education as the supervisor of the office of the KY Tech System; change the name of the Division of Federal Programs and Support Services to the Division of Administrative Services; change the name of the Office of the KY Tech System to the Office of Area Vocational Education and Technology Centers; change the name of the Division of School Operations and the Division of Program Management to the Division of School Management and the Division of Curriculum Services respectively; amend KRS 151B.035 to, effective 7/1/98, abolish all positions of employees transferred from the Cabinet for Workforce Development to the KY Community and Technical College System; refuse to guarantee reemployment rights to employees so transferred; amend KRS 151B.075 to change references to KY Tech System to state-operated vocational and area technology centers; amend KRS 151B.095 to delete existing duties of the state board for adult and technical education and permit the board to enter into agreements with the KY Community and Technical College System to provide space and equipment for adults in area technology centers; prohibit the board from operating full-time diploma postsecondary programs unless an agreement has been reached with the KY Community and Technical College System; amend KRS 151B.110 to require the State Board for Adult and Technical Education to be responsible for literacy programs; repeal and reenact as a new section of KRS Chapter 164 and amend KRS 151B.115 to provide for joint programming of vocational-technical education nondegree programs with associate degree programs to be pursued between the KY Community and Technical College System and other postsecondary institutions; amend KRS 151B.165 to require tuition and fees for secondary pupils enrolled in area vocational education and technology centers to be free to KY residents; require the State Board for Adult and Technical Education to fix the rate of tuition for adults enrolled in secondary programs; provide for the Council on Postsecondary Education to fix the rate of tuition of adult students enrolled in full-time postsecondary programs under the control of the KY Tech College System that are physically located in an area vocational education or technology center; amend KRS 151B.175 to change reference from state vocational technical schools to secondary area technology centers; amend KRS 151B.215 to change membership of the KY Occupational Information Coordinating Committee as follows: delete the commissioner of the Department for Technical Education, delete one chancellor from UK, and add two chancellors from the KY Community and Technical College System; amend KRS 151B.410 to delete references to UK in association with the community college system; amend KRS 154.12-205 to change the reference from the chancellor of the UK Community College System to the president of the KY Community and Technical College System; amend KRS 154.47-055 to change the references from the UK Community College System and the KY Tech System to the KY Community and Technical College System; amend KRS 156.740 to add the president of the KY Community and Technical College System to the Interagency Commission on Educational and Job Training Coordination; amend KRS 161.220 to change the references from community or junior colleges established by a university to the KY Community and Technical College System and any community college established under its control for retirement system purposes; amend KRS 164.0053 to permit community and technical college faculty and nonteaching personnel serving on the board of regents for the KY Community and Technical College System to serve on the Council on Postsecondary Education; amend KRS 164.011 to create the Council on Postsecondary Education, members of which 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; amend KRS 164.020 to establish the powers, duties, and responsibilities of the Council on Postsecondary Education; amend KRS 164.021 to add the president of the KY Community and Technical College System to the advisory conference for the Council on Postsecondary Education; amend KRS 164.050 to set a per diem fee of $100 per day for members of the Council on Postsecondary Education; amend KRS 164.095 to change reference from UK Community College System to KY Community and Technical College System; amend KRS 164.125 to delete statement that UK is the only institution authorized to expend state general fund appropriations on research and service programs with a statewide nature financed principally by state funds; amend KRS 164.131 to require UK board appointments after the effective date of this Act to complete an orientation program; permit the Governor to remove board members for cause; delete the UK board member representing the teaching faculty of the Community College System; amend KRS 164.260 to reference to KRS 164A.575; 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 164.310 to establish a board of regents for the KY Community and Technical College System; amend KRS 164.321 to establish procedures for appointing members of the board of regents for the KY Community and Technical College System; amend KRS 164.330 to require expenses of the board of regents for the KY Community and Technical College System to be paid from system funds; amend KRS 164.335 to prohibit members of the General Assembly from serving on the board of trustees or regents of a state-supported technical institution or community college; amend KRS 164.360 to require the board of regents of the KY Community and Technical College System to appoint a president and other officers as needed and fix compensation and terms of employment; amend KRS 164.365 to require the board of regents of the KY Community and Technical College System to develop personnel rules by 6/30/98; amend KRS 164.410 to reference KRS 164A.575; amend KRS 164.580 to establish the KY Community and Technical College System; establish services to be provided for continuing education and customized training; amend KRS 164.591 to permit a community college or an extension of a community college to be located in Paducah; permit UK to keep Lexington community college and WKU to keep the community college in Bowling Green; permit regional universities to offer associate degree programs; require new community colleges to be approved 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 pursuant to this section; amend KRS 164.594 to delete reference to UK and insert in lieu thereof the KY Community and Technical College System; amend KRS 164.597 to delete reference to UK and insert in lieu thereof the KY Community and Technical College System; amend KRS 164.600 to create a board of directors for each community college and establish their duties; amend KRS 164.740 to amend definitions governing KRS 164.740 to 164.785 to include institutions of postsecondary education in the definition of "college"; amend the definition of "vocational school" to include technical institutes or technology centers operated by the board of regents for the KY Community and Technical College System; amend KRS 164.821 to require U of L board appointments made after the effective date of this act to complete an orientation program; permit the Governor to remove U of L board members for cause; amend KRS 164.830 to increase the UL executive committee from 5 to 6 members; amend KRS 164A.550 to amend the definitions governing KRS 164A.555 to 164A.630 to include the boards of regents for the KY Community and Technical College System under "governing board"; amend KRS 164A.575 to require property acquired under the section to be in the name of the Commonwealth and for the use and benefit of the institution; amend KRS 168.020 to include institutions in the KY Community and Technical College System under the definition of "state colleges and universities"; amend KRS 343.020 to appoint the chancellor for the technical branch of the KY Community and Technical College System as an ex officio member of the apprenticeship and training council; repeal KRS 151B.160, 164.575, and 186.1865; establish a transition team to oversee the creation of the KY Community and Technical College System; add a severability clause; amend KRS 332.110 to delete the reference to UK Community College System; amend the following statutes to change the reference from Council on Higher Education to Council on Postsecondary Education or from executive director to president: KRS 12.020, 12.023, 13A.010, 61.945, 61.955, 61.958, 138.510, 156.029, 156.666, 156.671, 156.760, 158.646, 158.799, 160.730, 161.027, 161.028, 161.165, 161.567, 161.568, 164.005, 164.0205, 164.027, 164.028, 164.0282, 164.029, 164.030, 164.070, 164.295, 164.400, 164.460, 164.4781, 164.540, 164.582, 164.746, 164.753, 164.785, 164.810, 164.815, 164.915, 164.927, 164.929, 164.933, 164.937, 164.947, 164.981, 164.9811, 164A.050, 164A.560, 164A.570, 165A.320, 168.040, 194.150, 314.142, and 367.660; amend the following statutes to change references to public institutions or institutions of higher learning to postsecondary education institutions: KRS 164.150, 164.283, 164.287, 164.2871, 164.288, 164.289, 164.352, and 164A.565; amend the following statutes to include a reference to the KY Community and Technical College System: KRS 42.540, 42.545, 45A.840, 45A.850, 56.495, 164.340, 164.350, 164.351, 164.583, and 164.595; repeal KRS 151B.160, 164.575, 164,582, and 186.1865; EMERGENCY.

     May 12-introduced in Senate; to Education (S)