Ky. Rev. Stat. » Chapter 12
Kentucky Revised Statutes

Ky. Rev. Stat. § 12.028 (2026)

Governor and elected state executive officers to submit proposals for change

✓ current as of May 2026
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to General Assembly -- Reorganization plans -- 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) Any reorganization proposed under subsection (1) 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 workforce resulting from the reorganization, and the methods to be utilized to achieve such reductions. (3) The Legislative Research Commission or the Legislative Oversight 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. (4) 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: March 12, 2021 History: Amended 2021 Ky. Acts ch. 5, sec. 1, effective February 2, 2021; and ch. 14, sec. 9, effective March 12, 2021. -- 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. Legislative Research Commission Note (3/12/21). this statute was amended by 2021 Ky. Acts chs. 5 and 14, which do not appear to be in conflict and have been codified together.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1984–2021 · leading case: Legislative Rsch. Comm'n Ex Rel. Prather v. Brown, 664 S.W.2d 907 (Ky. 1984).
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Legislative Rsch. Comm'n Ex Rel. Prather v. Brown, 664 S.W.2d 907 (Ky. 1984). · cites it 3× “” KRS 12.028(1). As we understand it, such authority is the normal way to present any legislative suggestion to the General Assembly.”
Matthew G. Bevin in His Off. Capacity as Governor of the Commonwealth of Kentucky v. Andy Beshear in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky, 526 S.W.3d 89 (Ky. 2017). · cites it 2× “” 5 Because the General Assembly passed both Senate Bills 12 and 107, it has displaced KRS 12.028 as it applies to the facts before us today.”
Carreer v. Cabinet for Health & Fam. Servs., 339 S.W.3d 477 (Ky. Ct. App. 2010). “While such reorganizations are being implemented, the head of any department is authorized to “abolish unnecessary offices and positions, transfer officers and employees between positions, and change the duties, titles and compensation of existing offices and positions_” KRS 12.”
Houchens v. Beshear (E.D. Ky. 2020). · cites it 20× “] Plaintiffs also seek a declaration from this Court on the constitutionality of KRS § 12.028 and whether it violates the separation of powers doctrine in the Kentucky Constitution.”
Gary Houchens v. Andy Beshear (6th Cir. 2021). · cites it 19× “” See KRS § 12.028. As Governor Beshear abolished the BOE between General Assembly sessions, Plaintiffs did not have a property interest in their continued board membership, nor do they have a cognizable claim for a violation of either procedural or substantive due process…”
Houchens v. Beshear (E.D. Ky. 2020). · cites it 16× “Plaintiffs also seek a declaration on the constitutionality of KRS § 12.028 and whether it violates the separation of powers doctrine of the Kentucky Constitution.”
Matthew G. Bevin in His Off. Capacity as Governor of the Commonwealth of Kentucky v. Andy Beshear in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky (Ky. 2017). “"S Because the General Assembly passed both Senate Bills 12 and 107, it has displaced KRS 12.028 as it applies to the facts before us today.”
Hon. Andrew Beshear, in His Off. Capacity as Governor v. Hon. Glenn E. Acree, Judge Kentucky Court of Appeals (Ky. 2020). “Nevertheless, we found KRS 12.028, at issue in that case, to be a valid delegation of legislative power, recognizing that legislative power can be delegated “if the law delegating that authority provides ‘safeguards, procedural and otherwise, which prevent an abuse of…”
Hon. Andrew Beshear, in His Off. Capacity as Governor v. Hon. Glenn E. Acree, Judge Kentucky Court of Appeals (Ky. 2020). “Nevertheless, we found KRS 12.028, at issue in that case, to be a valid delegation of legislative power, recognizing that legislative power can be delegated “if the law delegating that authority provides ‘safeguards, procedural and otherwise, which prevent an abuse of…”
Univ. of Kentucky, A/K/A Uk Healthcare v. Sarah R. Moore (Ky. 2019). “” 19 After a dispute arose as to the Governor’s authority under KRS 12.028 to abolish and reorganize the board of a state university, the General Assembly passed 18 These provisions, however, do not undermine the university boards’ fundamental independence.”
Commonwealth of Kentucky, Dep't of Revenue v. Sarah R. Moore (Ky. 2019). “” 19 After a dispute arose as to the Governor’s authority under KRS 12.028 to abolish and reorganize the board of a state university, the General Assembly passed 18 These provisions, however, do not undermine the university boards’ fundamental independence.”
— Ky. Rev. Stat. § 12.028(1) — 4 cases
Legislative Rsch. Comm'n Ex Rel. Prather v. Brown, 664 S.W.2d 907 (Ky. 1984). “” KRS 12.028(1). As we understand it, such authority is the normal way to present any legislative suggestion to the General Assembly.”
Houchens v. Beshear (E.D. Ky. 2020). “] Plaintiffs also seek a declaration from this Court on the constitutionality of KRS § 12.028 and whether it violates the separation of powers doctrine in the Kentucky Constitution.”
Houchens v. Beshear (E.D. Ky. 2020). “Plaintiffs also seek a declaration on the constitutionality of KRS § 12.028 and whether it violates the separation of powers doctrine of the Kentucky Constitution.”
Gary Houchens v. Andy Beshear (6th Cir. 2021). “” See KRS § 12.028. As Governor Beshear abolished the BOE between General Assembly sessions, Plaintiffs did not have a property interest in their continued board membership, nor do they have a cognizable claim for a violation of either procedural or substantive due process…”
— Ky. Rev. Stat. § 12.028(2) — 3 cases
Legislative Rsch. Comm'n Ex Rel. Prather v. Brown, 664 S.W.2d 907 (Ky. 1984). “” KRS 12.028(1). As we understand it, such authority is the normal way to present any legislative suggestion to the General Assembly.”
Houchens v. Beshear (E.D. Ky. 2020). “] Plaintiffs also seek a declaration from this Court on the constitutionality of KRS § 12.028 and whether it violates the separation of powers doctrine in the Kentucky Constitution.”
Houchens v. Beshear (E.D. Ky. 2020). “Plaintiffs also seek a declaration on the constitutionality of KRS § 12.028 and whether it violates the separation of powers doctrine of the Kentucky Constitution.”
— Ky. Rev. Stat. § 12.028(5) — 1 case
Houchens v. Beshear (E.D. Ky. 2020). “] Plaintiffs also seek a declaration from this Court on the constitutionality of KRS § 12.028 and whether it violates the separation of powers doctrine in the Kentucky Constitution.”
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