UNOFFICIAL COPY AS OF 04/04/05 05 REG. SESS. 05 RS HB 267/VETOED IN PART
AN ACT relating to appropriations and revenue measures providing financing for the operations, maintenance, support, and functioning of the government of the Commonwealth of Kentucky and its various officers, cabinets, departments, boards, commissions, institutions, subdivisions, agencies, and other state-supported activities.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
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HB026770.100-1087 ENROLLED AND VETOED IN PART
UNOFFICIAL COPY AS OF 04/04/05 05 REG. SESS. 05 RS HB 267/VETOED IN PART
PART I
OPERATING BUDGET
(1) Funds Appropriations: There is appropriated out of the General Fund, Road Fund, Restricted Funds accounts, or Federal Funds accounts for the fiscal year beginning July 1, 2004, and ending June 30, 2005, and for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following discrete sums, or so much thereof as may be necessary. Appropriated funds are included pursuant to KRS 48.700 and 48.710. Each appropriation is made by source of respective fund or funds accounts. Appropriations for the following officers, cabinets, departments, boards, commissions, institutions, subdivisions, agencies, and budget units of the state government, and any and all other activities of the government of the Commonwealth, are subject to the provisions of Chapters 12, 42, 45, and 48 of the Kentucky Revised Statutes and compliance with the conditions and procedures set forth in this Act.
(2) Tobacco Settlement Funds: Appropriations identified as General Fund (Tobacco) in Part I, Operating Budget, of this Act are representative of the amounts provided in Part X, Phase I Tobacco Settlement, of this Act and are not to be appropriated in duplication.
A. GENERAL GOVERNMENT
Budget Units
1. EXECUTIVE OFFICE OF THE GOVERNOR
a. Office of the Governor
2004-05 2005-06
General Fund 6,308,300 7,765,700
Restricted Funds 1,408,100 388,200
Federal Funds 30,000,000 40,000,000
Road Fund 350,000 350,000
TOTAL 38,066,400 48,503,900
(1) Old Governor's Mansion: The Secretary of the Finance and Administration Cabinet shall expend no funds to maintain a home for the Lieutenant Governor.[ The Secretary of the Finance and Administration Cabinet is directed to transfer the operation and use of the Old Governor's Mansion to the Kentucky Historical Society and transfer funding of $100,000 in fiscal year 2004-2005 and $100,000 in fiscal year 2005-2006. The Kentucky Historical Society shall direct the official use of the Old Governor's Mansion, which shall not be used as a residence of the Lieutenant Governor.]
(2) Allowance for the Lieutenant Governor: Included in the above General Fund appropriation for the Office of the Governor, Lieutenant Governor's Office, is an allowance of up to $2,500 monthly, to include $1,000 as a housing allowance and $1,500 if additional duties are performed. The allowance shall be effective April 1, 2005.
b. Office of State Budget Director
2004-05 2005-06
General Fund 2,285,500 4,323,800
Restricted Funds 1,842,000 237,000
TOTAL 4,127,500 4,560,800
c. State Planning Fund
2004-05 2005-06
General Fund 125,000 125,000
(1) Bluegrass State Games: Included in the above General Fund appropriation is $25,000 in fiscal year 2004-2005 and $25,000 in fiscal year 2005-2006 to support the Bluegrass State Games.
TOTAL - EXECUTIVE OFFICE OF THE GOVERNOR
2004-05 2005-06
General Fund 8,718,800 12,214,500
Restricted Funds 3,250,100 625,200
Federal Funds 30,000,000 40,000,000
Road Fund 350,000 350,000
TOTAL 42,318,900 53,189,700
2. DEPARTMENT OF VETERANS' AFFAIRS
2004-05 2005-06
General Fund 15,358,800 15,458,800
Restricted Funds 22,405,600 23,017,000
TOTAL 37,764,400 38,475,800
(1) Weekend and Holiday Premium Pay Incentive: The Kentucky Veterans' Centers are authorized to continue the weekend and holiday premium pay incentive component of the Personnel Pilot Program for the 2004-2006 fiscal biennium.
(2) Carry Forward of General Fund Appropriation Balance: Notwithstanding KRS 45.229, the unexpended balance of the General Fund appropriation provided to the Eastern Kentucky Veterans' Center, the Western Kentucky Veterans' Center, and the Thomson/Hood Veterans' Center in fiscal year 2004-2005 shall not lapse and shall be carried forward into fiscal year 2005-2006.
(3) Congressional Medal of Honor Recipients - Travel and Per Diem: The Commissioner of the Department of Veterans' Affairs may approve travel and per diem expenses incurred when Kentucky residents who have been awarded the Congressional Medal of Honor attend veterans, military, or memorial events in the Commonwealth of Kentucky.
(4) Cemetery and Homeless Shelter: Included in the above General Fund appropriation in fiscal year 2005-2006 is an additional $50,000 for a Williamstown Cemetery position and an additional $50,000 for the Homeless Veterans' Shelter in Lexington.
(5) Veterans' Centers: Included in the above Restricted Funds appropriation is an additional $600,000 in fiscal year 2005-2006, of which $250,000 is for a four percent increase in operating funds for the three Veterans' Centers and $350,000 is for the purchase of land adjacent to the Thomson/Hood Veterans' Center.
3. GOVERNOR'S OFFICE OF AGRICULTURAL POLICY
2004-05 2005-06
General Fund (Tobacco) 39,195,900 24,541,300
General Fund -0- 1,898,000
Restricted Funds 520,600 515,600
TOTAL 39,716,500 26,954,900
(1) Debt Service: Included in the above General Fund appropriation is $898,000 in fiscal year 2005-2006 for new bonds for agricultural loans as set forth in Part II, Capital Projects Budget, of this Act.
(2) Kentucky Agricultural Finance Corporation: Notwithstanding KRS 247.978(2), the total amount of principal which a qualified applicant may owe the Kentucky Agricultural Finance Corporation at any one time shall not exceed $5,000,000.
(3) Tobacco Settlement Funds - Allocations: Notwithstanding KRS 248.711(2), and from the allocation provided therein, counties that are allocated in excess of $20,000 annually may provide up to four percent of the individual county allocation, not to exceed $15,000 annually, to the county council in that county for administrative costs.
4. KENTUCKY INFRASTRUCTURE AUTHORITY
2004-05 2005-06
General Fund (Tobacco) -0- 5,358,000
General Fund -0- 4,462,000
Restricted Funds 4,927,000 4,813,900
Federal Funds 50,322,000 50,339,000
TOTAL 55,249,000 64,972,900
(1) Federally Assisted Wastewater Revolving Loan Fund Program: Included in the above General Fund appropriation is $105,000 in fiscal year 2005-2006 for debt service to support $2,200,000 in bonds to match $11,000,000 in Federal Funds for the Federally Assisted Wastewater Revolving Loan Fund Program (Fund A).
(2) Safe Drinking Water State Revolving Loan Fund Program: Included in the above General Fund appropriation is $123,000 in fiscal year 2005-2006 for debt service to support $2,600,000 in bonds to match $13,000,000 in Federal Funds for the Safe Drinking Water State Revolving Loan Fund Program (Fund F). The Federal Funds for this program are appropriated in the operating budget to comply with the Federal Cash Management Act. The required state matching funds are appropriated as Bond Funds in Part II, Capital Projects Budget, of this Act.
(3) Infrastructure for Economic Development Fund for Coal Counties: Included in the above General Fund appropriation is $3,725,000 in fiscal year 2005-2006 for debt service to support an additional $80,000,000 in state bonds for the Infrastructure for Economic Development Fund for Coal-Producing Counties. These funds are transferred from the Local Government Economic Development Fund, Multi-County Fund.
(4) Infrastructure for Economic Development Fund for Tobacco Counties: Included in the above General Fund (Tobacco) appropriation is $5,358,000 in fiscal year 2005-2006 and General Fund appropriation of $509,000 for debt service to support $126,000,000 in Bond Funds for the Infrastructure for Economic Development Fund for Tobacco Counties. Future debt service payments for the Infrastructure for Economic Development Fund for Tobacco Counties shall be provided from the General Fund. It is the intent of the General Assembly that in fiscal years 2006-2007 and 2007-2008, the debt service shall be provided from the General Fund.
(5) Funding Requirement: Recipients of funds appropriated from the Infrastructure for Economic Development Fund for Coal-Producing Counties and from the Infrastructure for Economic Development Fund for Tobacco Counties shall certify to the Kentucky Infrastructure Authority that they have identified and applied for all available sources of funding for the line item project.
(6) Administrative Fee on Infrastructure for Economic Development Fund Projects: A one-half percent administrative fee is authorized to be paid to the Kentucky Infrastructure Authority for the administration of each project funded by the Infrastructure for Economic Development Fund for Coal-Producing Counties and the Infrastructure for Economic Development Fund for Tobacco Counties. These administrative fees shall be paid, upon inception of the project, out of the fund from which the project was allocated.
5. MILITARY AFFAIRS
2004-05 2005-06
General Fund 11,147,600 11,127,300
Restricted Funds 55,536,600 59,441,400
Federal Funds 101,327,000 61,870,500
TOTAL 168,011,200 132,439,200
(1) Federal Defense Contract: Included in the above Restricted Funds appropriation is $31,890,600 in fiscal year 2004-2005 and $32,195,100 in fiscal year 2005-2006 for expanded federal defense contract activity at Bluegrass Station and the Central Clothing Distribution Facility.
(2) Restricted Funds Debt Service: Included in the above Restricted Funds appropriation is $1,373,000 in fiscal year 2005-2006 for debt service to support new bonds for the Bluegrass Station project set forth in Part II, Capital Projects Budget, of this Act.
(3) General Fund Debt Service: Included in the above General Fund appropriation is $110,000 in fiscal year 2005-2006 for debt service to support new bonds as set forth in Part II, Capital Projects Budget, of this Act.
(4) Base Realignment and Closure: Included in the above General Fund appropriation is $500,000 in fiscal year 2004-2005 and $300,000 in fiscal year 2005-2006 for Kentucky's efforts regarding the Base Realignment and Closure process.
(5) Kentucky National Guard: There is appropriated from the General Fund the necessary funds to be expended, subject to the conditions and procedures provided in this Act, which are required as a result of the Governor's call of the Kentucky National Guard to active duty when an emergency or exigent situation has been declared to exist by the Governor. These necessary funds shall be made available from the General Fund Surplus Account (KRS 48.700) or the Budget Reserve Trust Fund Account (KRS 48.705).
(6) Disaster or Emergency Aid Funds: There is appropriated from the General Fund the necessary funds, subject to the conditions and procedures in this Act, which are required to match federal aid to which the state would be eligible in the event of a presidentially declared disaster or emergency. These necessary funds shall be made available from the General Fund Surplus Account (KRS 48.700) or the Budget Reserve Trust Fund Account (KRS 48.705).
6. COMMISSION ON HUMAN RIGHTS
2004-05 2005-06
General Fund 1,904,300 1,904,300
Restricted Funds 5,500 10,500
Federal Funds 342,700 212,900
TOTAL 2,252,500 2,127,700
7. COMMISSION ON WOMEN
2004-05 2005-06
General Fund 263,200 263,200
Restricted Funds 40,000 20,600
TOTAL 303,200 283,800
8. GOVERNOR’S OFFICE FOR LOCAL DEVELOPMENT
2004-05 2005-06
General Fund 13,947,300 14,893,400
Restricted Funds 1,707,300 742,600
Federal Funds 52,430,800 52,430,800
TOTAL 68,085,400 68,066,800
(1) Flood Control Matching Fund Project Review: The Governor's Office for Local Development shall transmit a copy of the application for a flood-related project to be funded from the flood control matching fund to the Environmental and Public Protection Cabinet with a request for a review of the project pursuant to KRS Chapter 151.
(2) Cemetery Preservation: In the 2004-2006 biennium, up to $500,000 in funds collected pursuant to KRS 48.005(5) shall be appropriated and transferred to the County Cemetery Fund. Notwithstanding KRS 48.005(5)(b), any amounts in excess of $500,000 shall be deposited in the General Fund Surplus Account. The Attorney General shall provide notice to the Governor's Office for Policy and Management and the Legislative Research Commission of the nature of any funds deposited in this account. The funds shall be made available for grants for cemetery preservation initiatives, including but not limited to the Fayette County African Cemetery #2 and the Fayette County Cove Haven Cemetery.
Grants are subject to a one-to-one dollar local cash match that is certified to the Governor's Office for Local Development, or an in-kind match authorized and certified by the Governor's Office for Local Development. Grant applications may be made by an agency of the Commonwealth; a city, county, urban-county, charter county, or consolidated local government; a not-for-profit cemetery; a not-for-profit historical or genealogical organization; or a not-for-profit local community or civic group.
(3) Community Economic Growth Grant Program: Included in the above General Fund appropriation is $468,000 in fiscal year 2004-2005 and $468,000 in fiscal year 2005-2006 for debt service on $5,000,000 Bond Funds in fiscal year 2004-2005 and $5,000,000 in fiscal year 2005-2006 to support the Community Economic Growth Grant Program. This grant program is created to assist counties, cities, special districts, or local school districts with funding of projects that will enhance the economic development of their community.
The Community Economic Growth Grant Program shall be administered by the Governor's Office for Local Development and maintained in the State Treasury. The department may receive state appropriations, gifts, grants, and federal funds that shall be disbursed by the State Treasurer upon the warrant of the Commissioner of the Governor's Office for Local Development. Notwithstanding KRS 45.229, any funds remaining at the end of a fiscal year shall not lapse and shall be available for expenditure in the subsequent fiscal year.
Moneys in the fund shall be used for capital projects that contribute to community or industrial development in the Commonwealth. Capital projects eligible for financing out of the fund may include but not be limited to:
(a) The construction, reconstruction, renovation, and maintenance of buildings and other improvements to real estate and the architectural, engineering, legal, and other expenses required;
(b) The acquisition of real property and interests in real property;
(c) The purchase of major equipment;
(d) Industrial site development projects, including land reclamation, clearing, grading, draining, landscaping, and construction of walkways and fences;
(e) The extension, installation, and upgrading of water, gas, sewer, and electrical utilities to public facilities and industrial sites;
(f) To match or use in combination with funds obtained from other sources for an eligible capital improvement project.
Any county, city, special district, or local school district governing body shall submit proposals through its Area Development District for consideration by the Commissioner of the Governor's Office for Local Development. The Area Development District shall provide a recommendation on each proposal and forward the proposal to the Commissioner of the Governor's Office for Local Development for final consideration and action.