Find Legal Information

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

Download pdf

12.028 Governor and elected state executive officers to submit proposals for change to General Assembly -- Review of temporary changes by interim joint <br>legislative committee -- Restrictions on changes -- Reorganization plans -- <br>Committee action -- Termination of temporary reorganization -- Legislative <br>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 <br>administration, the Governor, the Kentucky Economic Development Partnership as <br>created in KRS 154.10-010, and other elected state executive officers may propose <br>to the General Assembly, for its approval, changes in the state government <br>organizational structure which may include the creation, alteration or abolition of <br>any organizational unit or administrative body and the transfer of functions, <br>personnel, funds, equipment, facilities, and records from one (1) organizational unit <br>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 <br>improved administration as the needs of government dictate, the Governor, the <br>Kentucky Economic Development Partnership as created in KRS 154.10-010, and <br>other elected state executive officers may, between sessions of the General <br>Assembly, temporarily effect a change in the state government organizational <br>structure as described in subsection (1) of this section if such temporary <br>reorganization plan is first reviewed by the interim joint legislative committee with <br>appropriate jurisdiction. The Governor may not effect a temporary reorganization <br>plan under this subsection that would change the organizational structure of an <br>organizational unit or administrative body headed by the Kentucky Economic <br>Development Partnership as created in KRS 154.10-010, or another elected state <br>executive officer unless requested in writing by that officer. An elected state <br>executive officer other than the Governor may only change the organizational <br>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 <br>Commission. The plan shall include: <br>(a) An explanation of each proposed change, including the need for the change; <br>(b) An estimate of any reduction or increase in expenditures, itemized as far as practicable, which the promulgating officer expects will result from the <br>reorganization; (c) A description of any improvements in the management, delivery of state services, and efficiency of state government operations which the <br>promulgating officer expects will be realized as a result of the reorganization; <br>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 <br>limited to the amount of funds and the number of employees that will be <br>transferred from one (1) organizational unit or administrative body to another, any reductions in the state work force resulting from the reorganization, and <br>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 <br>shall determine which interim joint legislative committee has appropriate <br>jurisdiction and shall refer the plan to such committee within ten (10) days after the <br>director of the Legislative Research Commission receives the proposal. The interim <br>joint legislative committee to which it is referred shall review the plan to determine <br>whether the plan can reasonably be expected to achieve greater economy, efficiency <br>or improved administration in state government. The committee shall report its <br>findings to the Legislative Research Commission. The committee shall review and <br>report on the plan within sixty (60) days after it is filed with the Legislative <br>Research Commission. If the committee does not report on a proposed plan within <br>the time specified in this subsection, the plan shall be considered reviewed by the <br>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 <br>session of the General Assembly unless otherwise specified by the General <br>Assembly. The Governor, the Kentucky Economic Development Partnership as <br>created in KRS 154.10-010, or other officer who promulgated a temporary <br>reorganization plan under this section shall recommend legislation to the General <br>Assembly to confirm the temporary reorganization plan. The subject matter of each <br>executive order relating to reorganization shall be presented to the General <br>Assembly in a separate bill. If the General Assembly fails to enact the temporary <br>reorganization plan or an alternative to such plan, the organizational structure that <br>existed immediately prior to the implementation of the temporary plan shall be <br>reinstated upon the termination of the temporary plan. If the General Assembly fails <br>to enact a temporary reorganization plan, the Governor, the Kentucky Economic <br>Development Partnership as created in KRS 154.10-010, and other elected state <br>executive officers shall not effect the plan prior to the next succeeding session of <br>the General Assembly. (6) The Legislative Research Commission or the legislative program review and investigations committee may monitor the implementation of any reorganization <br>plan to determine the extent to which the anticipated improvements in economy, <br>efficiency, or administration have been realized as a result of the reorganization and <br>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 <br>general fund surplus account. Effective: July 14, 1992 <br>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 <br>ch. 447, sec. 2, effective January 1, 1984.