Kentucky Statutes 15A.340 – Kentucky Agency for Substance Abuse Policy (KY-ASAP) — Organization — Purpose — Oversight by Office of Drug Control Policy — Members of KY-ASAP Board — Duties of board
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(1) As used in this section and KRS § 15A.342 and KRS § 15A.344, “KY-ASAP” means the
Kentucky Agency for Substance Abuse Policy.
(2) The Office of Drug Control Policy shall administer an endowment from interest generated through funds appropriated or gifts, donations, or funds received from any source. The Office of Drug Control Policy may expend endowment principal, if necessary in its discretion, to carry out the purposes of this section and KRS
15A.342 and 15A.344. These expenditures from the endowment principal are hereby appropriated for this purpose.
(3) (a) The Office of Drug Control Policy shall oversee the activities specified in this section and KRS § 15A.342 and KRS § 15A.344 and provide administrative support to the seventeen (17) member KY-ASAP Board, which is created to oversee the activities of KY-ASAP. Membership of the board shall be appointed by the Governor and shall consist of the following:
1. One (1) member representing the Kentucky Family Resource Youth
Services Coalition, or a designee;
2. One (1) member representing the Kentucky Health Department
Association, or a designee;
3. The secretary of the Cabinet for Health and Family Services, or designee;
4. The secretary of the Justice and Public Safety Cabinet, or a designee;
5. One (1) member representing the Division of Behavioral Health within the Department for Behavioral Health, Developmental and Intellectual Disabilities, Cabinet for Health and Family Services, or a designee;
6. The commissioner of the Department for Public Health, Cabinet for
Health and Family Services, or a designee;
7. The commissioner of the Department of Alcoholic Beverage Control, or a designee;
8. The commissioner of the Department of Education;
9. The director of the Administrative Office of the Courts, or a designee;
10. One (1) member representing the Kentucky Association of Regional
Programs, or a designee;
11. One (1) member representing the Kentucky Heart Association, or a designee;
12. One (1) member representing the Kentucky Lung Association, or a designee;
13. One (1) member representing the Kentucky Cancer Society, or a designee;
14. Two (2) members representing local tobacco addiction and substance
abuse advisory and coordination boards; and
15. Two (2) members representing private community-based organizations, whether for-profit or nonprofit, with experience in programs involving smoking cessation or prevention or alcohol or substance abuse prevention and treatment.
(b) Members shall serve for a term of four (4) years, may be reappointed, and may serve no more than two (2) consecutive terms. Members shall not be compensated but shall receive reimbursement for expenses incurred while performing board business.
(c) The board shall meet at least quarterly. A quorum of nine (9) members shall be required for the transaction of business. Meetings shall be held at the call of the chair, or upon the written request of two (2) members to the chair.
(d) The board shall:
1. Oversee deposits and expenditures from the endowment;
2. Request, in its discretion, an audit relating to the expenditure of endowment funds;
3. Receive quarterly reports from the commissioner of the Department of
Alcoholic Beverage Control regarding KY-ASAP’s activities;
4. Progress toward development and implementation of the strategic plan;
5. Recommend to KY-ASAP the most efficient means for using public funds to coordinate, supplement, and support high quality and ongoing programs of all public agencies and private service providers related to smoking cessation and prevention and alcohol and substance abuse prevention and treatment;
6. Recommend matters for review and analysis by KY-ASAP; and
7. Perform other duties as necessary for the oversight of KY-ASAP.
(4) The Office of Drug Control Policy and KY-ASAP shall promote the implementation of research-based strategies that target Kentucky’s youth and adult populations.
(5) The Office of Drug Control Policy and KY-ASAP shall vigorously pursue the philosophy that tobacco in the hands of Kentucky’s youth is a drug abuse problem because of the addictive qualities of nicotine, and because tobacco is the most prevalent gateway drug that leads to later and escalated drug and alcohol abuse.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 3, effective July 12, 2012; and ch. 158, sec. 5, effective July 12, 2012. — Amended 2010 Ky. Acts ch. 24, sec. 20, effective July 15, 2010. — Repealed, reenacted, and amended 2007 Ky. Acts ch. 85, sec. 10, effective June 26, 2007. — Amended 2005 Ky. Acts ch. 99, sec. 10, effective June 20,
2005. — Created 2000 Ky. Acts ch. 536, sec. 25, effective July 14, 2000.
Legislative Research Commission Note (7/12/2012). This statute was amended by 2012
Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been codified together.
Formerly codified as KRS § 12.330.
Kentucky Agency for Substance Abuse Policy.
Terms Used In Kentucky Statutes 15A.340
- Cabinet: means the Justice and Public Safety Cabinet. See Kentucky Statutes 15A.011
- Commissioner: means the commissioner of the Department of Juvenile Justice. See Kentucky Statutes 15A.011
- Department: means the Department of Juvenile Justice. See Kentucky Statutes 15A.011
- Oversight: Committee review of the activities of a Federal agency or program.
- public funds: means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS §. See Kentucky Statutes 446.010
- Quorum: The number of legislators that must be present to do business.
- Secretary: means the secretary of the Justice and Public Safety Cabinet. See Kentucky Statutes 15A.011
- Statute: A law passed by a legislature.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(2) The Office of Drug Control Policy shall administer an endowment from interest generated through funds appropriated or gifts, donations, or funds received from any source. The Office of Drug Control Policy may expend endowment principal, if necessary in its discretion, to carry out the purposes of this section and KRS
15A.342 and 15A.344. These expenditures from the endowment principal are hereby appropriated for this purpose.
(3) (a) The Office of Drug Control Policy shall oversee the activities specified in this section and KRS § 15A.342 and KRS § 15A.344 and provide administrative support to the seventeen (17) member KY-ASAP Board, which is created to oversee the activities of KY-ASAP. Membership of the board shall be appointed by the Governor and shall consist of the following:
1. One (1) member representing the Kentucky Family Resource Youth
Services Coalition, or a designee;
2. One (1) member representing the Kentucky Health Department
Association, or a designee;
3. The secretary of the Cabinet for Health and Family Services, or designee;
4. The secretary of the Justice and Public Safety Cabinet, or a designee;
5. One (1) member representing the Division of Behavioral Health within the Department for Behavioral Health, Developmental and Intellectual Disabilities, Cabinet for Health and Family Services, or a designee;
6. The commissioner of the Department for Public Health, Cabinet for
Health and Family Services, or a designee;
7. The commissioner of the Department of Alcoholic Beverage Control, or a designee;
8. The commissioner of the Department of Education;
9. The director of the Administrative Office of the Courts, or a designee;
10. One (1) member representing the Kentucky Association of Regional
Programs, or a designee;
11. One (1) member representing the Kentucky Heart Association, or a designee;
12. One (1) member representing the Kentucky Lung Association, or a designee;
13. One (1) member representing the Kentucky Cancer Society, or a designee;
14. Two (2) members representing local tobacco addiction and substance
abuse advisory and coordination boards; and
15. Two (2) members representing private community-based organizations, whether for-profit or nonprofit, with experience in programs involving smoking cessation or prevention or alcohol or substance abuse prevention and treatment.
(b) Members shall serve for a term of four (4) years, may be reappointed, and may serve no more than two (2) consecutive terms. Members shall not be compensated but shall receive reimbursement for expenses incurred while performing board business.
(c) The board shall meet at least quarterly. A quorum of nine (9) members shall be required for the transaction of business. Meetings shall be held at the call of the chair, or upon the written request of two (2) members to the chair.
(d) The board shall:
1. Oversee deposits and expenditures from the endowment;
2. Request, in its discretion, an audit relating to the expenditure of endowment funds;
3. Receive quarterly reports from the commissioner of the Department of
Alcoholic Beverage Control regarding KY-ASAP’s activities;
4. Progress toward development and implementation of the strategic plan;
5. Recommend to KY-ASAP the most efficient means for using public funds to coordinate, supplement, and support high quality and ongoing programs of all public agencies and private service providers related to smoking cessation and prevention and alcohol and substance abuse prevention and treatment;
6. Recommend matters for review and analysis by KY-ASAP; and
7. Perform other duties as necessary for the oversight of KY-ASAP.
(4) The Office of Drug Control Policy and KY-ASAP shall promote the implementation of research-based strategies that target Kentucky’s youth and adult populations.
(5) The Office of Drug Control Policy and KY-ASAP shall vigorously pursue the philosophy that tobacco in the hands of Kentucky’s youth is a drug abuse problem because of the addictive qualities of nicotine, and because tobacco is the most prevalent gateway drug that leads to later and escalated drug and alcohol abuse.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 3, effective July 12, 2012; and ch. 158, sec. 5, effective July 12, 2012. — Amended 2010 Ky. Acts ch. 24, sec. 20, effective July 15, 2010. — Repealed, reenacted, and amended 2007 Ky. Acts ch. 85, sec. 10, effective June 26, 2007. — Amended 2005 Ky. Acts ch. 99, sec. 10, effective June 20,
2005. — Created 2000 Ky. Acts ch. 536, sec. 25, effective July 14, 2000.
Legislative Research Commission Note (7/12/2012). This statute was amended by 2012
Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been codified together.
Formerly codified as KRS § 12.330.