Unofficial Copy As of 12/06/1803 Reg. Sess. 03 Rs Hb 269/Vo

UNOFFICIAL COPY AS OF 12/06/1803 REG. SESS.03 RS HB 269/VO

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:

Page 1 of 337

HB026990.100-516VETOED OVERRIDDEN

UNOFFICIAL COPY AS OF 12/06/1803 REG. SESS.03 RS HB 269/VO

PART I

OPERATING BUDGET

There is appropriated out of the General Fund, Road Fund, Restricted Funds accounts, or Federal Funds accounts for the fiscal year beginning July 1, 2002, and ending June 30, 2003, and for the fiscal year beginning July 1, 2003, and ending June 30, 2004, 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.

Appropriations identified as General Fund (Tobacco) in Part I, Operating Budget, are representative of the amounts provided in Part XI, Phase I Tobacco Settlement, and are not to be appropriated in duplication.

In the event that appropriations in this Act are less than annual allotments assigned to a budget unit for fiscal year 2002-2003 in July 2002 by the Finance and Administration Cabinet, the cabinet secretary or constitutional officer with authority over the budget unit shall have the discretion to apply or distribute the reduction, including personnel reductions, to programs, accounts, or activities within the budget unit.

A. GOVERNMENT OPERATIONS

Budget Units

1.EXECUTIVE OFFICE OF THE GOVERNOR

a.Office of the Governor

2002-032003-04

General Fund7,452,1007,093,900

Restricted Funds2,231,0001,298,200

Federal Funds71,00071,000

TOTAL9,754,1008,463,100

Included in the above General Fund appropriation is $750,000 in fiscal year 2003-2004, which shall lapse to the credit of the General Fund, effective December 1, 2003. Included in the above General Fund appropriation is $250,000 in fiscal year 2003-2004 which shall be utilized to provide the state's share of federal matching requirements for a grant from the U.S. Department of Energy to the Purchase Area in Western Kentucky to support land use and development in the Purchase Regional Industrial Park Authority.

Included in the above General Fund appropriation is $417,500 in fiscal year 2003-2004, in the Office of the Lieutenant Governor for personnel and operating expenses, including the Lieutenant Governor’s expense allowance. Included in the above General Fund appropriation is $18,000 in fiscal year 2002-2003 and $18,000 in fiscal year 2003-2004 for the Governor's expense allowance and $10,000 in fiscal year 2002-2003 and $10,000 in fiscal year 2003-2004 for the Lieutenant Governor's expense allowance to meet additional expenses associated with the position of Governor of Kentucky and the position of Lieutenant Governor as specified in KRS 64.710.

Notwithstanding KRS 42.037, effective December 8, 2003, the Secretary of the Finance and Administration Cabinet shall expend no state funds for a residence for the Lieutenant Governor, except for expenses necessary to maintain property owned by the Commonwealth. Notwithstanding KRS 42.037, 30 days after the effective date of this Act, the Secretary of the Finance and Administration Cabinet shall expend no state funds for staff or services for the residence of the Lieutenant Governor, other than expenses necessary to maintain property owned by the Commonwealth.

The Governor shall provide the Lieutenant Governor a vehicle pursuant to KRS 44.045(1).

The Department of State Police shall not provide security or transportation services to the Lieutenant Governor unless the Commissioner of the Department of State Police makes a determination that specific security measures are warranted or the Governor allocates executive security to the Lieutenant Governor from the current complement of the Kentucky State Police sworn officers assigned directly to the Governor.

Notwithstanding KRS 132.020(9), effective July 1, 2003, funds are not provided to the Coal Marketing and Export Council from the property tax on unmined coal. Included in the above Restricted Funds appropriation is $300,000 in fiscal year 2002-2003 and $300,000 in fiscal year 2003-2004 from the multi-county coal severance tax receipts fund. Notwithstanding KRS 45.229, any General Fund or Restricted Funds support for the operations of the Coal Marketing and Export Council that are included in the above appropriations and remaining in the balance at the end of fiscal year 2002-2003 shall not be carried forward into fiscal year 2003-2004 but shall lapse to the credit of the General Fund.

Effective September 1, 2003, funds are not provided for the operations of the Washington, D.C. Office. Any General Fund or Restricted Funds support for the operations of the Washington, D.C. Office that are included in the above appropriations and remaining in the balance at the end of fiscal year 2002-2003 shall not be carried forward into fiscal year 2003-2004 but shall lapse to the credit of the General Fund.

b.Office of State Budget Director

2002-032003-04

General Fund3,365,0003,365,000

Restricted Funds923,0001,318,000

TOTAL4,288,0004,683,000

c.State Planning Fund

2002-032003-04

General Fund477,0000

The Governor is authorized to expend funds for the improvement and advancement of governmental purposes and activities. Included in the above General Fund appropriation is a grant of $25,000 in fiscal year 2002-2003 to be awarded to the Bluegrass State Games to assist with planning and production of the games.

TOTAL - EXECUTIVE OFFICE OF THE GOVERNOR

2002-032003-04

General Fund11,294,10010,458,900

Restricted Funds3,154,0002,616,200

Federal Funds71,00071,000

TOTAL14,519,10013,146,100

2.GOVERNOR'S OFFICE FOR TECHNOLOGY

2002-032003-04

General Fund300,000300,000

Restricted Funds60,092,50059,718,000

Federal Funds1,225,0000

Road Fund125,000125,000

TOTAL61,742,50060,143,000

Included in the above Restricted Funds appropriation is $536,000 in fiscal year 2002-2003 and $536,000 in fiscal year 2003-2004 to fund the operating costs of the Office for Geographic Information Systems. These receipts will be derived from any state agency or university that benefits from the implementation of the Geographic Information Systems basemap technology. The Office of Geographic Information Systems shall recommend, and the Chief Information Officer (CIO) shall approve, the cost allocation plan. Upon approval by the CIO, the agencies and universities shall pay their proportional share of the plan.

3.DEPARTMENT OF VETERANS' AFFAIRS

2002-032003-04

General Fund14,072,80015,163,700

Restricted Funds18,609,10019,332,000

TOTAL32,681,90034,495,700

4.GOVERNOR'S OFFICE OF EARLY CHILDHOOD DEVELOPMENT

2002-032003-04

General Fund (Tobacco)2,188,4002,188,400

General Fund213,500213,500

Restricted Funds50,0000

Federal Funds175,000175,000

TOTAL2,626,9002,576,900

5.KENTUCKY INFRASTRUCTURE AUTHORITY

2002-032003-04

General Fund (Tobacco)05,000,000

General Fund08,311,000

Restricted Funds6,067,5002,568,000

Federal Funds50,313,00050,312,000

TOTAL56,380,50066,191,000

Included in the above General Fund appropriation is $3,311,000 in fiscal year 2003-2004 for debt service, including $2,283,000 for the Kentucky Pride Program.

Included in the above General Fund appropriation is $5,000,000 in fiscal year 2003-2004 for debt service provided from Coal Severance Tax Receipts for the Water and Sewer Resources Development Fund for Coal Producing Counties Bond Pool Project in Part II, Capital Projects Budget.

Included in the above General Fund (Tobacco) appropriation is $5,000,000 in fiscal year 2003-2004 for debt service for the Water and Sewer Resources Development Fund for Tobacco Counties Bond Pool Project in Part II, Capital Projects Budget. Future debt service payments for the Water and Sewer Resources Development Fund for Tobacco Counties shall be provided from the General Fund. Notwithstanding any other provision in this Act, any unneeded debt service up to $2,282,500 for this project shall lapse to the credit of the General Fund.

6.GOVERNOR'S OFFICE OF AGRICULTURAL POLICY

2002-032003-04

General Fund (Tobacco)47,688,00034,434,000

Restricted Funds155,900161,000

TOTAL47,843,90034,595,000

7.KENTUCKY AGENCY FOR SUBSTANCE ABUSE POLICY

2002-032003-04

General Fund (Tobacco)2,574,8002,236,600

General Fund1,250,0001,250,000

Federal Funds111,700111,700

TOTAL3,936,5003,598,300

Included in the above General Fund appropriation is $225,000 in fiscal year 2002-2003 to be transferred to the Department for Medicaid Services to partially offset the costs of the projected Medicaid budget deficit.

8.SECRETARY OF STATE

2002-032003-04

General Fund2,260,1002,260,100

Restricted Funds878,5001,006,600

TOTAL3,138,6003,266,700

Notwithstanding KRS 14.140, the above Restricted Funds appropriations shall be used for the continuation of current activities within the General Administration unit and for the operations and staff of the Uniform Commercial Code Branch.

9.BOARD OF ELECTIONS

2002-032003-04

General Fund5,880,0004,925,800

Restricted Funds108,600116,900

TOTAL5,988,6005,042,700

Included in the above General Fund appropriation in fiscal year 2002-2003 is $1,100,000 state matching funds required to access Federal Funds made available by Congress under the Help America Vote Act of 2002, and notwithstanding KRS 45.229, any funds unexpended by the State Board of Elections for this purpose at the close of the fiscal year for which the funds were appropriated and otherwise made available shall not lapse but shall be carried forward into the following fiscal year, and shall be used solely for the purposes specified in Section 1 of the Help America Vote Act. Amounts in excess of those included in the above General Fund appropriation for this purpose, not to exceed $1,000,000, shall be deemed necessary governmental expenses and shall be paid from the General Fund Surplus Account (KRS 48.700) or the Budget Reserve Trust Fund Account (KRS 48.705).

Included in the above General Fund appropriation is $3,412,100 in fiscal year 2002-2003 and $3,557,900 in fiscal year 2003-2004 to pay the state's share of county election expenses (KRS 117.345) and the state's share of voter registration expenses (KRS 116.145 and 117.343).

Notwithstanding KRS 117.345(2), the maximum state payment rate is increased from the current statutory level of $255 to $300 per precinct per election to each precinct using voting machines. Any amount that the state is required to pay under the provisions of KRS 116.145, 117.343, and 117.345 shall be deemed necessary governmental expenses and shall be paid from the General Fund Surplus Account (KRS 48.700) or the Budget Reserve Trust Fund Account (KRS 48.705).

Notwithstanding KRS 116.055, 117.066, 117.275, 118.025(4), 118.215, 118.225, 118.245, 121.180, 121A.030, 121A.060, 121A.080, or any other provision of law to the contrary, no runoff primary election shall be held for slates of candidates for Governor and Lieutenant Governor, and the slate of candidates for Governor and Lieutenant Governor receiving the highest number of votes in a primary election shall be the nominees of that party for Governor and Lieutenant Governor, and that slate of candidates shall receive the certificate of nomination.

10.TREASURY

2002-032003-04

General Fund2,216,7002,216,700

Restricted Funds815,700834,500

TOTAL3,032,4003,051,200

Included in the Restricted Funds appropriation above is a recurring transfer from the Unclaimed Property Fund. In each respective fiscal year of the 2002-2004 biennium, $807,900 and $834,500 is appropriated to provide funding for services performed by the Unclaimed Property Division of the Treasury Department.

11.ATTORNEY GENERAL

2002-032003-04

General Fund12,954,90012,932,500

Restricted Funds6,747,4007,269,900

Federal Funds2,351,4002,351,400

TOTAL22,053,70022,553,800

The $30,000 continuing General Fund appropriation from fiscal year 2001-2002 is for the purpose of notifying consumers, not otherwise notified by Ford Motor Company, of their eligibility for possible restitution as a result of the multistate settlement agreement with Ford Motor Company. Since the settlement award was not deposited prior to the end of fiscal year 2001-2002, the General Fund appropriation for the notification of consumers regarding the Ford Motor Company settlement did not lapse, notwithstanding KRS 45.229, and was carried forward into fiscal year 2002-2003 for the same purpose. If the settlement award is deposited subsequent to fiscal year 2002-2003, the General Fund appropriation for the notification of consumers regarding the Ford Motor Company settlement shall not lapse, notwithstanding KRS 45.229, and shall be carried forward into fiscal year 2003-2004 for the same purpose.

12.UNIFIED PROSECUTORIAL SYSTEM

a.Commonwealth's Attorneys

2002-032003-04

General Fund25,108,00026,545,300

Restricted Funds843,300200,000

Federal Funds976,300739,300

TOTAL26,927,60027,484,600

Included in the above General Fund appropriation is $258,400 in fiscal year 2002-2003 and $259,400 in fiscal year 2003-2004 to support a Commonwealth's Attorney and staff to service the 57th Judicial Circuit as authorized by the 2001 General Assembly.

Notwithstanding KRS 218A.435(12), second sentence, which reads, "The moneys are intended to supplement any funds appropriated to the recipient and shall not supplant other funding of any recipient.", funds are recommended for appropriation to support the operations of the Commonwealth's Attorneys.

Included in the above General Fund appropriation are funds to provide each full-time Commonwealth's Attorney the sum of $1,000 each month, which is declared to be the equivalent of the minimum sum that the Commonwealth's Attorney will expend each month in the performance of the official duties directed to be performed for the Commonwealth.

Included in the above General Fund appropriation is $116,200 in fiscal year 2002-2003 and $106,400 in fiscal year 2003-2004 to provide funding for a full-time Commonwealth’s Attorney office in the 40th Judicial Circuit.

Notwithstanding KRS 15.247, 15.705, and 15.750 funds are authorized to support the operations of the Commonwealth's Attorneys.

b.County Attorneys

2002-032003-04

General Fund21,179,90022,177,500

Restricted Funds62,3004,800

Federal Funds414,700434,800

TOTAL21,656,90022,617,100

Notwithstanding KRS 218A.435(12), second sentence, which reads, "The moneys are intended to supplement any funds appropriated to the recipient and shall not supplant other funding of any recipient.", funds are recommended for appropriation to support the operations of the County Attorneys.

Included in the above General Fund appropriation are funds to provide each County Attorney the sum of $500 each month, which is declared to be the equivalent of the minimum sum that each County Attorney will expend each month in the performance of the official duties directed to be performed for the Commonwealth.

Notwithstanding KRS 15.247 and 15.705, funds are authorized to support the operations of the County Attorneys.

TOTAL - UNIFIED PROSECUTORIAL SYSTEM

2002-032003-04

General Fund46,287,90048,722,800

Restricted Funds905,600204,800

Federal Funds1,391,0001,174,100

TOTAL48,584,50050,101,700

13.AUDITOR OF PUBLIC ACCOUNTS

2002-032003-04

General Fund5,260,0005,235,000

Restricted Funds3,940,5004,377,100

TOTAL9,200,5009,612,100

Notwithstanding KRS 43.200, no funding is provided for Auditor's scholarships.

14.AGRICULTURE

2002-032003-04

General Fund19,249,90019,484,900

Restricted Funds3,506,2003,573,800

Federal Funds2,955,0002,130,000

TOTAL25,711,10025,188,700

Included in the above General Fund appropriation is $50,000 in fiscal year 2002-2003 for West Nile Virus program mosquito eradication. Included in the above General Fund appropriation is $478,500 in fiscal year 2002-2003 and $478,500 in fiscal year 2003-2004 for the Breathitt Veterinary Center and $370,000 in fiscal year 2002-2003 and $370,000 in fiscal year 2003-2004 for the University of Kentucky for the diagnostic laboratories.

Included in the above General Fund appropriation is $100,000 in each fiscal year for the Agriculture/Economic Development joint trade office in Mexico. Notwithstanding KRS 45.229, any unexpended General Fund moneys appropriated for the Mexico Trade Office shall be continued into the succeeding fiscal year, and the Cabinet for Economic Development shall assist in seeking and obtaining matching funds for the joint trade office.

Included in the above General Fund appropriation is $250,000 in fiscal year 2002-2003 and $250,000 in fiscal year 2003-2004 to carry out the provisions of KRS 438.335. Included in the above General Fund appropriation is $285,000 in fiscal year 2003-2004 for debt service for animal shelter projects.

Included in the General Fund appropriation for the Department of Agriculture is $10,000 in fiscal year 2002-2003 and $10,000 in fiscal year 2003-2004 to support the costs associated with preparing reports for the Kentucky Aquaculture Task Force as directed in Part IX, Special Provisions, Government Operations, Department of Agriculture, in this Act. Notwithstanding KRS 45.229, any unexpended amount at the end of fiscal year 2002-2003 shall not lapse, but shall carry forward to fiscal year 2003-2004. Any unexpended amount remaining following the completion of the reports shall lapse to the credit of the General Fund.

15.MILITARY AFFAIRS

2002-032003-04

General Fund10,694,40010,694,400

Restricted Funds18,680,50018,796,200

Federal Funds40,720,90018,187,800

TOTAL70,095,80047,678,400

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).

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).

Included in the above General Fund appropriation is $420,000 in each fiscal year for the Youth Challenge Program.

16.PERSONNEL BOARD

2002-032003-04

General Fund578,500578,500

Restricted Funds1,7001,700

TOTAL580,200580,200

17.LOCAL GOVERNMENT

2002-032003-04

General Fund8,773,9009,623,800

Restricted Funds2,235,800902,400

Federal Funds52,433,90052,430,800

TOTAL63,443,60062,957,000

Included in the above General Fund appropriation is $1,086,000 in fiscal year 2003-2004 for debt service.

18.SPECIAL FUNDS

a.Local Government Economic Assistance Fund

2002-032003-04

General Fund32,866,20031,184,100

b.Local Government Economic Development Fund

2002-032003-04

General Fund40,028,30041,208,400

The above appropriations from the General Fund are based on the official estimate presented by the Office of State Budget Director for coal severance tax collections during the biennium, distributed in accordance with KRS 42.450 to 42.495. Notwithstanding KRS 42.4582, moneys transferred from the General Fund to the Local Government Economic Development Fund shall be calculated at the percentage of 47 percent effective July 1, 2002. Moneys transferred from the General Fund to the Local Government Economic Development Fund shall be calculated at 50 percent effective July 1, 2003. If actual coal severance tax receipts are different from the official estimate, the amount to be allotted to the Local Government Economic Assistance Fund shall be determined in accordance with KRS 42.450 to 42.495 and the amount to be allotted to the Local Government Economic Development Fund shall continue to be calculated at the percentages specified in this paragraph and otherwise in accordance with KRS 42.450 to 42.495.

Notwithstanding KRS 42.4585, the quarterly calculation and transfer of the funds pursuant to KRS 42.4585 shall be made only after each quarterly installment of the annual appropriation of $1,000,000 in fiscal year 2002-2003 and $1,000,000 in fiscal year 2003-2004 has been credited to the Trover Clinic Grant within the Department for Local Government.