HOUSE OF REPRESENTATIVES

KENTUCKY GENERAL ASSEMBLY BUDGET AMENDMENT FORM

2006 REGULAR SESSION

Amend printed copy of HB 380 \HCS

Amendment No. / Rep. / Harry Moberly Jr
Committee Amendment / Signed:
Floor Amendment / LRC Drafter: / Pam Thomas
Adopted: / Date:
Rejected: / Doc. ID: / XXXXX

Page 1 of 133/6/2006 10:58:48 PM

HOUSE XXXXXREPRESENTATIVES / Rep. Harry Moberly Jr
2006 REGULAR SESSION / Doc ID: 066189
Amend printed copy of HB 380 \HCS

Homeland Security

Part I

On page 3, by deleting line 11 in its entirety; and

On page 3, by deleting line 14 in its entirety; and

On page 5, by deleting line 27 in its entirety; and

On page 6, by deleting lines 1 through 19 in their entirety; and

On page 6, line 24, after "Court" by inserting "Dispatch Console and Frequency Repeaters"; and

On page 6, by deleting lines 25 through 27 in their entirety; and

On page 7, by deleting lines 1 through 4 in their entirety; and

On page 9, by deleting lines 22 through 27 in their entirety; and

On page 10, by deleting lines 1 through 6 in their entirety; and

On page 26, after line 18 but before line 19, by inserting the following:

"Warren County

Warren County Fiscal Court

Warren County Board of Education

Greenwood High School

Warren East High School

Drakes Creek Middle School

Moss Middle School

Warren East Middle School

New Alvaton Elementary School

Dishman McGinnis Elementary School

Parker Bennett Curry Elementary School

T. C. Cherry Elementary School

W. R. McNeill Elementary School

Potter Gray Elementary School

Bristow Elementary School

Cumberland Trace Elementary School

Lost River Elementary School

Natcher Elementary School

North Warren Elementary School

Oakland Elementary School

Richardsville Elementary School

Rich Pond Elementary School

Rockfield Elementary School

Warren Elementary School

Briarwood Elementary School

Medical Supplies and Limited Types of Pharmaceuticals

Physical Security Enhancement Equipment

Detection Equipment

Terrorism Incident Prevention Equipment"; and

Governor's Office of Agricultural Policy

Part I

On page 29, line 14, by deleting "(5)(b)" and inserting in lieu thereof "(4)"; and

Governor's Office for Local Development

Part I

On page 33, line 1, by deleting "19,939,100" and inserting in lieu thereof "20,639,100"; and

On page 33, line 1, by deleting "15,100,400" and inserting in lieu thereof "15,600,400"; and

On page 36, line 23, after "project.", by inserting "Included in the above appropriation is $150,000 of General Fund support for this project in fiscal year 2006-2007."; and

On page 41, line 27, by deleting "Lee City Fire Station Land and Building" and inserting in lieu thereof "Hazel Green Fire Department for Lee City Expansion for Land and Building"; and

On page 42, line 2 by deleting "Lee City Fire Station" and inserting in lieu thereof "Hazel Green Fire Department for Lee City Expansion"; and

On page 43, after line 10 but before line 11 by inserting the following:

"(72)City of Ludlow - Municipal Meeting Center: Included in the above General Fund appropriation is $225,000 in fiscal year 2006-2007 for a grant to the City of Ludlow for Phases I through III of the upgrade and renovation of the Municipal Meeting Center.

(73)City of Princeton - Phase II Streetscape: Included in the above General Fund appropriation is $250,000 in fiscal year 2007-2008 for a grant to the City of Princeton for Phase II of the streetscape project.

(74)Crittenden County Fiscal Court - New Jail Property Purchase and Site Prep: Included in the above General Fund appropriation is $225,000 in fiscal year 2006-2007 for a grant to the Crittenden County Fiscal Court for the purchase of property and site preparation for a new full service jail.

(75)Muhlenberg County Fiscal Court - Muhlenburg County Agricultural Center: Included in the above General Fund appropriation is $100,000 in fiscal year 2006-2007 for a grant to the Muhlenberg County Fiscal Court for the Muhlenberg County Agricultural Center.

(76)University of Kentucky College of Agriculture - Small Wineries Assistance: Included in the above General Fund appropriation is $250,000 in fiscal year 2007-2008 for a grant to the University of Kentucky College of Agriculture to assist small wineries as defined in KRS 241.010."; and

Local Government Economic Development Fund

Part I

On page 49, after line 21, by inserting the following:

"(28)Industrial Park Priority: Notwithstanding KRS 42.4588(2), any county that is providing at least $1,000,000 from their Local Government Economic Development Fund, Single County Account for an industrial park project, shall be given higher priority when applying for Local Government Economic Development Fund, Multi-County Fund dollars for the same project." and

Auditor of Public Accounts

Part I

On page 58, after line 2 but before line 3, by inserting the following:

"(9)Use for Funding Increases: The above appropriation includes $950,000 of increased funding for each year of the biennium. These funds shall be used only for salaries for auditors, and to provide a 40 hour work week for auditors."

Teachers' Retirement System

Part I

On page 70, line 1, before "Included" by inserting "Notwithstanding KRS 161.675(4)(a)"; and

On page 70, line 3, after "subsidy" by inserting "from July 1, 2006 through December 31, 2007"; and

On page 70, line 6, after "coverage." by inserting "The spousal subsidy is not subject to KRS 161.714."; and

On page 70, by deleting lines 8 through 10 and inserting in lieu thereof the following:

"Notwithstanding KRS 161.420 and 161.550, a portion of the state employer contribution in a sufficient amount shall be allocated to the Teachers' Retirement System Medical Insurance Fund instead of the State Accumulation Fund. Also included in the above General Fund appropriation is $14,133,200 in fiscal year 2007-2008 to amortize the cost of the State Medical Insurance Fund Stabilization Contribution with the remainder to be amortized under the schedule set forth in KRS 161.553."; and

On Page 70, on line 11, by deleting "From" and inserting in lieu thereof " Notwithstanding KRS 161.675(4)(a), from"; and

On page 70, line 15, after "coverage.", by inserting "The dependent subsidy is not subject to KRS 161.714"; and

On page 70, after line 15 but before line 16 by inserting the following new section:

"(9)Ad Hoc State Contribution: Included in the above General Fund appropriation is $12,974,100 in fiscal year 2006-2007 and $29,444,100 in fiscal year 2007-2008 for an ad hoc contribution to the State Accumulation Fund." and

Historical Society

Part I

On page 76, line 4, by deleting "893,600" and inserting in lieu thereof "1,004,200"; and

On page 76, line 4, by deleting "390,000" and inserting in lieu thereof "516,800"; and

On page 76, line 8, by deleting "Abraham Lincoln Bicentennial Commission" and inserting in lieu thereof "City of Hodgenville"; and

On page 76, line 8 and 9 by deleting "for the City of Hodgenville"; and

Arts Council

Part I

On Page 77, by deleting lines 7 through 9 and inserting in lieu thereof the following:

"(3)Regional Performing Arts Centers Performance and Education Fund. Included in the above General Fund appropriation is $5,000,000 in fiscal year 2007-2008 to establish the Performing Arts Centers Performance and Education Fund. Regional Performing Arts Centers shall be eligible to apply for grants for performance and educational programming. The Arts Council shall develop a grant application process and an organization applying for grant funds shall, at a minimum:

(a)Be a non-profit organization or a public college or university;

(b)Have as a primary purpose the presentation of the arts rather than producing the arts;

(c)Have available for presentation a facility with a seating capacity of 450 or more;

(d)Be a member of the Kentucky Arts Presenters Network;

(e)Have a plan for providing educational programs to schools and the community;

(f)Have at least one full-time paid staff member;

(g)Be an organization that performs its own productions or has a partnership with an established organization that provides the productions; and

(h)Be an organization that either currently provides performance and educational programming or that demonstrates that it will be able to begin performance and educational programming within one year of application.

The application shall also contain a planning component that includes measurable goals and objectives, financial reporting procedures, and evaluation procedures. Funds shall not be expended for capital purposes and, if the Arts Council requires a local match, an in-kind match that includes volunteer service shall be permitted."; and

Operations and Support Services

Part I

On page 84, after line 7 but before line 8, by inserting the following:

"(6)Local Taxes: Any school district board of education that has not, as of the effective date of this Act:

(1)Levied the tax authorized by KRS 160.613 or 160.614; or

(2)Levied the tax authorized by KRS 160.613 or 160.614 at the maximum rate permitted by 160.613;

may levy the tax, or may increase the rate of the tax to the maximum rate permitted by KRS 160.613 by complying with the notice and hearing requirements set forth in KRS 160.603. Any rate levied or increased pursuant to the authority granted by this section shall not be subject to recall under KRS 160.597. Any tax imposed or rate increased pursuant to this section shall become effective not less than forty-five (45) days nor more than ninety (90) days after its passage. The provisions of this section shall apply through December 31, 2006."

Support Education Excellence in Kentucky (SEEK)

Part I

On page 93, by deleting lines 5 through 14 and inserting in lieu thereof the following:

"Notwithstanding KRS 157.420, during fiscal year 2006-2007, local school districts shall provide all certified staff a salary or compensation increase of not less than two percent and, during fiscal year 2007-2008, local school districts shall provide all certified staff a salary or compensation increase of not less than three thousand dollars, with the exception of those school districts that have been designated as hold harmless districts with regard to the Support Education Excellence in Kentucky program in two of the past three years. Districts with this designation shall provide a salary increase to certified staff of not less than fifteen hundred dollars. The salary increases in fiscal year 2006-2007 and fiscal year 2007-2008 for certified staff shall be in addition to the normal rank and step increase attained by certified personnel employed by local school districts. During fiscal year 2006-2007, local school districts shall provide all classified staff a salary increase of two percent and, during fiscal year 2007-2008, local school districts shall provide all classified staff a salary increase of five percent. In fiscal year 2007-2008, no classified staff member shall receive a salary increase in excess of $2,500. Classified staff employed by a local board of education that work less than full-time shall receive a pro rata share of the salary increase based on terms of their employment. The above increase in fiscal year 2006-2007 and fiscal year 2007-2008 for classified staff shall be in addition to a normal step increase or any increase that might result from assuming new duties or obtaining additional qualifications.

Included in the above General Fund appropriation is $17,682,700 in fiscal year 2007-2008 for differentiated compensation programs that provide teacher compensation above the single salary schedule in local school districts. Each school district shall be entitled to access the fund for differentiated compensation provided the requirements of KRS 157.075 and 702 KAR 3:310 are met and the district has a plan which has been approved by the commissioner of education. Allocations to a school district will be based on the cost of the approved plan. The plan must contain evidence of significant involvement by the teacher organization representing the largest number of teachers in the district.

Differentiated compensation plans shall have one or more of the following purposes:

(a) To recruit and retain teachers in critical shortage areas;

(b) To assist in reducing the number of emergency certified teachers employed in

the district;

(c) To recruit and retain highly skilled teachers to serve in difficult assignments

and hard to fill positions;

(d) To provide career advancement opportunities for classroom teachers who

voluntarily participate; or

(e) To reward teachers for increasing their skills, knowledge, and instructional

leadership capabilities within the school or district.

Differentiated compensation plans shall align with the greatest needs of the district as determined by a needs assessment of the students, needs identified in a district or school scholastic audit, or the comprehensive school improvement plan.

Differentiated compensation plans are to be developed with appropriate technical assistance and with third party analysis to determine the most effective use of differentiated compensation funds. School districts may enter into partnerships with state universities, employ consultants, or contract with private entities for technical assistance and evaluation. Compensation in local school districts shall be distributed in a fair and equitable manner and resources shall be used in accordance with the approved plan."; and

On page 95, line 12, by inserting "tax" after "compensating"; and

Petroleum Storage Tank Environmental Assurance Fund

Part I

On page 107, line 27, by deleting "3,479,000" and inserting in lieu thereof "1,740,000"; and

Public Health

Part I

On page 131, line 8, by deleting "72,983,000" and inserting in lieu thereof "73,733,000"; and

On page 132, line 22, after "$2,300,000" by inserting "in fiscal year 2006-2007 and $3,050,000 in fiscal year 2007-2008"; and

On page 132, line 23 by deleting " in each year of the biennium"; and

Council on Postsecondary Education

Part I

On page 149, line 26, by deleting "111,343,300" and inserting in lieu thereof "111,473,800"; and

On page 150, line 4, by deleting "23,931,000" and inserting in lieu thereof "24,061,500"; and

Murray State University

Part I

On page 159, by deleting lines 5 through 7 in their entirety; and

Eastern Kentucky University

Part I

On page 156, line 21, by deleting "77,924,000" and inserting in lieu thereof "78,374,000"; and

On page 156, line 21, by deleting "76,730,200" and inserting in lieu thereof "77,180,200"; and

On page 156, after line 27, by inserting the following:

"(2)Lancaster Campus: Included in the above General Fund appropriation is $450,000 in fiscal year 2006-2007 and $450,000 in fiscal year 2007-2008 for operating expenses of the Lancaster Campus."; and

Kentucky Community and Technical College System

Part I

On page 167, line 12, by deleting "207,009,000" and inserting in lieu thereof "206,559,000"; and

On page 167, line 12, by deleting "213,081,100" and inserting in lieu thereof "212,631,100"; and

On page 168, by deleting lines 10 through 13 in their entirety; and

On page 168, line 14 by deleting "(5)" and inserting in lieu thereof "(4)"; and

Capital Construction

Part II

On page 186, line 21, after the first ";" by deleting "the Health Departments Infrastructure Pool" and inserting in lieu thereof "the Education Technology Pool, the Postsecondary Education Institutions Technology & Equipment Pool, and the Local District Health Departments Construction Pool"; and

On page 187, line 26, by deleting "above"; and

On page 187, line 26, after "appropriation" by inserting "for the Louisville Arena set out below under C. Economic Development Cabinet 2. Financial Incentives 002."; and

Morehead State University

Part II

On page 214, after line 8 but before line 9, by inserting the following:

"033.Construct Equine Hospital

Restricted1,069,000 (FY 2006-07) -0- (FY 2007-08)"; and

Murray State University

Part II

On page 216, by deleting lines 11 and 12; and

Kentucky Community and Technical College System

Part II

On page 247, line 22, by deleting "375,000" and inserting in lieu thereof "500,000"; and

On page 248, line 5, after "Campus" by inserting "- Ashland CTC"; and

On page 248, line 6 by deleting "14,800,000" and inserting in lieu thereof "17,600,000"; and

On page 248, after line 19 but before line 20, by inserting the following:

"035.Madisonville Postsecondary Education Center - Design

General Fund300,000 (FY 2006-07) -0- (FY 2007-08)"; and

Capital Construction

Part II

Coal Severance Tax Projects

On page 258, by deleting line 16 and inserting in lieu thereof the following:

"Emergency Services Building

Property Purchase and Construction"

On page 273, line 2, by deleting "County" and inserting in lieu thereof "Independent"; and

On page 275, line 9, by deleting "Harlan County Fiscal Court" and inserting in lieu thereof "City of Harlan"; and

On page 275, line 9 before "Rural", by deleting "County" and inserting in lieu thereof "City"; and

Infrastructure for Economic Development Fund for Non-Coal Producing Counties

Bullit County

On page 356, line 22, delete "500,000", and insert "250,000"; and

Caldwell County

On page 357, line 3, by deleting "300,000" and inserting in lieu thereof "265,000"; and

Livingston County

On page 365, after line 5 but before line 6, by inserting the following:

"005.Livingston County - SX21139004

Ledbetter Sewer Improvements

Bond Funds-0- (FY 2006-07) 300,000 (FY 2007-08)"; and

Madison County

On page 365, after line 27, insert the following:

"006."Madison County Fiscal Court - Kirksville Water

Association Projects

Bond Funds-0- (FY 2006-07)81,000 (FY 2007-08)"; and

On page 367, after line 3 but before line 4, insert the following:

"Meade County

001.Meade County Fiscal Court - Various Water and Sewer Projects

Bond Funds-0- (FY 2006-07)250,000 (FY2007-08)"; and

On page 367, line 27, delete "17,067,839", and insert "16,236,839"; and

On page 371, line 21, delete "250,000", and insert "500,000"; and

Wolfe County

On page 371, after line 21, but before line 22, insert the following:

"002.Wolfe County Fiscal Court - Water Line Extensions and Upgrades in Hazel Green and Lee City Area

Bond Funds-0- (FY 2006-07)500,000 (FY2007-08)"; and

General Provisions

Part III

On page 383, after line 23 but before line 24, by inserting the following

"43.Taxation of Small Wineries: Notwithstanding KRS 241.010(45) and KRS 243.884(2), small wineries producing wines in an amount not to exceed fifty thousand (50,000) gallons per year from grapes, other fruit or honey shall not be subject to the tax imposed by KRS 243.884."; and

Road Fund Budget Reduction Plan

Part VIII

On page 397, line 26, by deleting "1,223,125,400" and inserting in lieu thereof "1,223,685,300"; and

On page 397, line 27, by deleting "1,239,614,400" and inserting in lieu thereof "1,240,931,900"; and

Voluntary Assignment of MSA Tobacco Escrow Payments

Part XVII

On page 541, by bolding, italicizing, and underlining all language on lines 1 through 11.

SUMMARY: Chairman's floor amendment.

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