12.028 Governor and elected state executive officers to submit proposals for change to General Assembly -- Review of temporary changes by interim joint legislative committee -- Restrictions on changes - Kentucky Statutes

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12.028 Governor and elected state executive officers to submit proposals for change to General Assembly -- Review of temporary changes by interim joint
legislative committee -- Restrictions on changes -- Reorganization plans --
Committee action -- Termination of temporary reorganization -- Legislative
monitoring -- Lapsed funds. (1) Recognizing the necessity for grouping related functions of organizational units and administrative bodies in order to promote greater economy, efficiency and improved
administration, the Governor, the Kentucky Economic Development Partnership as
created in KRS 154.10-010, and other elected state executive officers may propose
to the General Assembly, for its approval, changes in the state government
organizational structure which may include the creation, alteration or abolition of
any organizational unit or administrative body and the transfer of functions,
personnel, funds, equipment, facilities, and records from one (1) organizational unit
or administrative body to another. (2) Recognizing that changes in the state government organizational structure may need to be made as rapidly as possible to achieve greater economy, efficiency, and
improved administration as the needs of government dictate, the Governor, the
Kentucky Economic Development Partnership as created in KRS 154.10-010, and
other elected state executive officers may, between sessions of the General
Assembly, temporarily effect a change in the state government organizational
structure as described in subsection (1) of this section if such temporary
reorganization plan is first reviewed by the interim joint legislative committee with
appropriate jurisdiction. The Governor may not effect a temporary reorganization
plan under this subsection that would change the organizational structure of an
organizational unit or administrative body headed by the Kentucky Economic
Development Partnership as created in KRS 154.10-010, or another elected state
executive officer unless requested in writing by that officer. An elected state
executive officer other than the Governor may only change the organizational
structure of an organizational unit or administrative body that he heads. (3) Any reorganization proposed under subsection (1) or (2) of this section shall be set forth in a reorganization plan which shall be filed with the Legislative Research
Commission. The plan shall include:
(a) An explanation of each proposed change, including the need for the change;
(b) An estimate of any reduction or increase in expenditures, itemized as far as practicable, which the promulgating officer expects will result from the
reorganization; (c) A description of any improvements in the management, delivery of state services, and efficiency of state government operations which the
promulgating officer expects will be realized as a result of the reorganization;
and (d) Specification of the effects of the reorganization on the budget and personnel of each affected organizational unit or administrative body, including but not
limited to the amount of funds and the number of employees that will be
transferred from one (1) organizational unit or administrative body to another, any reductions in the state work force resulting from the reorganization, and
the methods to be utilized to achieve such reductions. (4) When a proposed reorganization plan is submitted for review under subsection (2) of this section the presiding co-chairman of the Legislative Research Commission
shall determine which interim joint legislative committee has appropriate
jurisdiction and shall refer the plan to such committee within ten (10) days after the
director of the Legislative Research Commission receives the proposal. The interim
joint legislative committee to which it is referred shall review the plan to determine
whether the plan can reasonably be expected to achieve greater economy, efficiency
or improved administration in state government. The committee shall report its
findings to the Legislative Research Commission. The committee shall review and
report on the plan within sixty (60) days after it is filed with the Legislative
Research Commission. If the committee does not report on a proposed plan within
the time specified in this subsection, the plan shall be considered reviewed by the
interim joint legislative committee with appropriate jurisdiction. (5) A temporary reorganization effected under subsections (2) to (4) of this section shall be terminated ninety (90) days after sine die adjournment of the next regular
session of the General Assembly unless otherwise specified by the General
Assembly. The Governor, the Kentucky Economic Development Partnership as
created in KRS 154.10-010, or other officer who promulgated a temporary
reorganization plan under this section shall recommend legislation to the General
Assembly to confirm the temporary reorganization plan. The subject matter of each
executive order relating to reorganization shall be presented to the General
Assembly in a separate bill. If the General Assembly fails to enact the temporary
reorganization plan or an alternative to such plan, the organizational structure that
existed immediately prior to the implementation of the temporary plan shall be
reinstated upon the termination of the temporary plan. If the General Assembly fails
to enact a temporary reorganization plan, the Governor, the Kentucky Economic
Development Partnership as created in KRS 154.10-010, and other elected state
executive officers shall not effect the plan prior to the next succeeding session of
the General Assembly. (6) The Legislative Research Commission or the legislative program review and investigations committee may monitor the implementation of any reorganization
plan to determine the extent to which the anticipated improvements in economy,
efficiency, or administration have been realized as a result of the reorganization and
shall report its findings to the General Assembly. (7) Funds transferred due to reorganization shall be maintained in separately designated accounts. Any excess funds resulting from a reorganization shall lapse to the
general fund surplus account. Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 105, sec. 61, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 306, sec. 2, effective April 9, 1984. -- Created 1982 Ky. Acts
ch. 447, sec. 2, effective January 1, 1984.