House Bill 290 (2010)

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House Bill 290 (or BR 992 2010) was introduced on January 20, 2010 by Representative Rick Rand to the 2010 General Assembly. This bill was introduced on behalf of governor Steve Beshear. This is the governor's first draft of a budget. This bill will go through both houses. The final version will be published side by side with the one below for comparison. You can read more about the kentucky budget process here

It is an act relating to appropriations and revenue measures providing financing and conditions 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.

House Bill 290 proposes that the State/Executive Branch Budget: appropriate from the General Fund (Tobacco), General Fund, Restricted Funds, Federal Funds, Road Fund, Bond Funds, Highway Bonds, Agency Bonds, Capital Construction Surplus, Investment Income, and other funds, $62,948,700 in fiscal year 2009-2010, $31,164,689,400 in fiscal year 2010-2011, and $28,560,719,700 in fiscal year 2011-2012.

Appropriations

General Government

  • 2009-2010 $140,600
  • 2010-2011 $1,079,016,000
  • 2011-2012 $1,016,212,100

Economic Development Cabinet

  • 2010-2011 $28,085,100
  • 2011-2012 $33,609,000

Department of Education

  • 2010-2011 $4,937,458,300
  • 2011-2012 $4,793,878,000

Education and Workforce Development Cabinet

  • 2010-2011 $2,584,982,600
  • 2011-2012 $2,589,407,400

Energy and Environment Cabinet

  • 2010-2011 $290,102,800
  • 2011-2012 $259,210,900

Finance and Administration Cabinet

  • 2010-2011 $662,871,800
  • 2011-2012 $642,812,300

Health and Family Services Cabinet

  • 2010-2011 $7,797,976,100
  • 2011-2012 $8,409,113,000

Justice and Public Safety Cabinet

  • 2010-2011 $906,043,800
  • 2011-2012 $909,941,700

Labor Cabinet

  • 2010-2011 $214,064,100
  • 2011-2012 $216,191,600

Personnel Cabinet

  • 2010-2011 $106,517,000
  • 2011-2012 $135,077,800

Post-secondary Education

  • 2010-2011 $5,816,692,700
  • 2011-2012 $6,024,606,200

Public Protection Cabinet

  • 2010-2011 $113,082,900
  • 2011-2012 $111,892,800

Tourism, Arts and Heritage Cabinet

  • 2009-2010 $511,400
  • 2010-2011 $220,707,900
  • 2011-2012 $222,196,900

Funds Transfer to General Fund

  • 2009-2010 $7,391,900
  • 2010-2011 $73,939,800
  • 2011-2012 $117,780,600

Phase I Tobacco Settlement Funding Program

  • 2010-2011 $114,318,100
  • 2011-2012 $105,714,800

Capital Projects

  • 2009-2010 $62,296,700
  • 2010-2011 $4,154,498,000
  • 2011-2012 $810,879,000


House Bill 290 proposes to provide funds for the Lieutenant Governor's housing allowance; authorize the Kentucky Veterans' Centers to continue weekend and holiday pay incentives; allow travel and per diem expenses for Congressional Medal of Honor recipients; provide debt service to the Department of Veterans' Affairs; cap the amount of principal an applicant can owe the Kentucky Agricultural Finance Corporation; allow for the allocation of Tobacco Settlement Funds to county councils for administrative costs; provide General Fund (Tobacco) moneys for the Agricultural Development Fund's counties account; authorize an administrative fee on Infrastructure for Economic Development Fund projects; provide funds to support services to coal-producing counties; provide debt service to the Kentucky Infrastructure Authority; provide that the Governor's call of the Kentucky National Guard to active duty is a necessary government expense; provide that disaster or emergency aid funds are necessary government expenses; provide debt service to the Department for Local Government; provide Restricted Funds to support the 12 Multi-County regional industrial park authorities; provide that General Fund moneys appropriated for the Local Government Economic Development Fund (LGEDF) are based on the State Budget Director's official estimates; declare that no General Fund appropriation is provided to the Kentucky Workers' Compensation Funding Commission; detail transfer of funds to the Osteopathic Medicine Scholarship Program; declare that no funds shall be transferred to the Pharmacy Scholarship Fund; provide that the quarterly calculation and transfer of moneys from the General Fund to LGEDF be made only after funds are appropriated for the Trover Clinic, Office of Mine Safety and Licensing, School Facilities Construction Commission, Water and Sewer Resources Development Fund for Coal-Producing Counties, KIA Infrastructure for Economic Development Fund for Coal-Producing Counties, Infrastructure for Economic Development Fund for Coal-Producing Counties, Read to Achieve, Robinson Scholars Program, Kentucky Infrastructure Authority, Department for Local Government, Mining Engineering Scholarship Program, and Operations and Support Services for school technology in coal counties; transfer funds from the LGEDF, Multi-County Fund, for KIA Infrastructure for Economic Development Fund for Coal-Producing Counties, Drug Courts, Operation Unite, Tourism Marketing Program, Energy Research and Development Fund, and Department for Local Government for the 12 Multi-County regional industrial park authorities; provide debt service for LGEDF; establish parameters for county flexibility with LGEDF allocations; declare that no funds shall be transferred to the Secondary Wood Products Development Fund; establish an appropriation limit for the Area Development Fund; allow Area Development District flexibility; allow Restricted Funds to be used for the continuation of current activities with the Office of the Secretary of State; establish that amounts above those appropriated to match Federal Funds for the Help America Vote Act are necessary government expenses; provide that the State Board of Elections shall set a rate for new voter registration fees and for expenses; establish that costs associated with special elections, additional precincts with a voting machine, additional registered voters, and new voters are necessary government expenses; establish that expert witnesses are necessary government expenses; provide annual and sick leave service credit for any former employee of the Unified Prosecutorial System; detail legal services contracts; establish that the Transportation Cabinet shall review the costs of distributing Child Sexual Abuse License Plate and that any revenue received from the plates be transferred to the Child Victims' Trust Fund; permit the Office of the Attorney General to recover reasonable costs of litigation; allow the Attorney General to suspend payment of 50 hour blocks of compensatory time for those attorneys who have accumulated 240 hours of compensatory time and instead convert those hours to sick leave; require the Prosecutors Advisory Council to approve compensation for employees of the Unified Prosecutorial System; provide for a recurring transfer from the Unclaimed Property Fund; allow the Purchase of Agriculture Conservation Easement (PACE) board to contract; allow the Department of Agriculture to receive funds from local and private sources to match Federal Funds for PACE; allow the Department of Agriculture to promulgate administrative regulations to establish fees to maintain a metrology lab; provide a General Fund appropriation from Agriculture's budget unit for Murray State University's Breathitt Veterinary Center and the University of Kentucky's diagnostic laboratories; declare that no funds are provided for Auditor's Scholarships; requirement that the Auditor of Public Accounts be given first right of refusal for audits; allow the Auditor of Public Accounts to suspend payment of 50 hour blocks of compensatory time for those employees who have accumulated 240 hours of compensatory time and instead convert those hours to sick leave; establish reporting requirements for the Auditor of Public Accounts; allow the Auditor of Public Accounts to convert compensatory leave to sick leave; establish charges for federal, state, and local audits; establish Personnel Board operating assessment; provide dependent subsidy for retirees for the Kentucky Employee and County Employees Retirement System; provide that water withdrawal fees are tax-exempt; provide that Tier I water withdrawal fees shall be used to support the operations of the Kentucky River Authority and for contractual services for water supply and quality studies; provide debt service to the School Facilities Construction Commission (SFCC); establish the Urgent Need School Trust Fund; allow the SFCC to make additional offers of assistance; allow a local board of education to commit an equivalent tax rate not to exceed five cents in addition to taxes levied in KRS 157.440 for debt service, new facilities, or major renovations; provide that moneys are appropriated to comply with the Teachers' Retirement System statutes; establish funds to be set aside for the administration of the Teachers' Retirement System; provide funds for the amortization of sick leave for teachers retiring during the biennium; provide State Medical Insurance Fund financing; provide dependent subsidy for teacher retirees under age 65; provide that salary supplements received by highly skilled educators not be included in the total salary compensation for any retirement benefits; provide for the payment of judgments; detail Appropriations Not Otherwise Classified; provide that the repayment of awards or judgments made by the Board of Claims come from the General Fund; provide funds for guardian ad litems appointed pursuant to KRS 311.732 and cap their fee at $500; establish reissuance of uncashed State Treasurer checks; appropriate funds for state and local police officers and firefighters; establish that interest income from and loan repayments received by the High-Tech Construction/Investment Pool be used to support the Department for Commercialization and Innovation; provide debt service for the Office of the Secretary in the Economic Development Cabinet; provide debt service for Financial Incentives; provide for the carry forward of the General Fund appropriation balance for the Bluegrass State Skills Corporation; detail the employment of Department of Education personnel and leadership personnel; establish funding for employer health and life insurance for employees of local school districts; provide that the Kentucky School for the Blind and Deaf is fully eligible to participate in the Kentucky Education Technology System; detail fund transfers for the Family Resource and Youth Services Centers; provide funds for employer contributions for health insurance and health reimbursement accounts for employees waiving coverage; provide school district flexibility; provide program flexcibility for Professional Development, Extended School Services, Textbooks, and Safe Schools; require the publication of the school district's annual financial statement and report card; require that supplemental funding distribution include certain Category II and III programs; require coordination with Head Start; allow the Department of Education to expend moneys appropriated to the Highly Skilled Education Assistance Program on intervention services as required by No Child Left Behind; provide for authorize the Commissioner of Education to use the Commonwealth School Improvement Fund to meet the requirements of No Child Left Behind; provide for transfer of the Commons School Fund; provide funds for the base SEEK Program, Tier I component, vocational transportation, secondary vocational education, Teachers' Retirement System employer match, and salary supplements for nationally certified teachers; provide for the allocation of SEEK funds; establish timeline for the final SEEK calculation; detail SEEK adjustment factors; provide funds for facilities equalization funding and retroactive equalized facility funding; provide that the school term for this biennium include at least 177 six-hour instructional days; provide funds for the Local Records Grant Program; provide that Libraries and Archives distribute per capita grants within appropriated amounts; allow funds from the Unemployment Insurance Penalty and Interest Account to be used to operate employment training and unemployment insurance programs; provide that Area Vocational Education Centers are fully eligible to participate in the Kentucky Education Technology System; detail employment of leadership personnel by the Education Professional Standards Board; require the Education Professional Standards Board to establish the minimum number of hours for teacher certification; declare that no funds are appropriated for the Kentucky Principal Internship Program; provide debt service to the Office of the Secretary in the Energy and Environment Cabinet; declare that no funds are provided for full-time inspectors to each municipal solid waste landfill; provide debt service to Environmental Protection; provide that the new tire fee continue to be collected until June 30, 2012; establish that the cost of emergency fire suppression exceeding $240,000 annually is a necessary government expense; provide for energy research and development; provide debt service for the Public Service Commission; provide that established amounts lapse to the General Fund; detail the Telecommunication Access Program funding mechanism; provide that any expenditures required by the Social Security Contingent Liability Fund are necessary government expenses; provide that General Fund (Tobacco) moneys under the Finance and Administration Cabinet's Debt Service budget unit lapse; declare that a portion of the General Fund appropriation under the Finance and Administration Cabinet's Debt Service budget unit comes from financing of the advancement of video lottery terminal license fees; provide for the acceleration of moneys received by the General Fund from the payment of video lottery terminal license fees; provide for county costs; detail the insurance surcharge rate; provide that the Road Fund appropriation under the Revenue budget unit represents the cost of the Road Fund Compliance and Motor Vehicle Property Tax Programs; provide that funds may be expended for the operations of the Department of Revenue; authorize property valuation administrators to manage expenditures; prohibit the Kentucky Works Program from participating in the Human Services Transportation Delivery Program or the Coordinated Transportation Advisory Committee; provide debt service to the General Administration and Program Support budget unit under the Health and Family Services Cabinet; provide General Fund (Tobacco) moneys for Universal Newborn Hearing Screening; provide for transfer of excess administrative funds for Medicaid benefits; provide Medicaid service category expenditure information; provide funds to support additional Supports for Community Living slots; provide that any unexpended General Fund appropriation carry forward; define the parameters of the Disproportionate Share Hospital Program; prohibit hospitals from billing patients for services if services have been reported to the Cabinet and the hospital has received disproportionate share payments for specific services; require that any provider that publicizes that it has paid the provider tax also publicize the amount of payment received from the Department for Medicaid Services during the same period; prohibit hospitals from being reimbursed both from the Quality and Charity Trust Fund and the Disproportionate Share Hospital Program for the same service to the same patient; allow transfer of funds to the Kentucky Children's Health Insurance Program (KCHIP) to match Federal Funds; require that any funds received through an Intergovernmental Transfer (IGT) between the Department for Medicaid Services and other governmental entities be used through the provision of Medicaid benefits; require Medicaid budget analysis reports; provide for a Medicaid Benefit budget deficit and surplus; provide for transfer of Medicaid Benefits funds; prohibit acute care hospitals from converting to critical access hospitals unless certain requirements are met; allow Medicaid copayments; provide copayment guidelines for participating Medicaid pharmacies; suspend KCHIP premiums; provide that mental health disproportionate share funds are budgeted at maximum amounts; provide debt service for the Behavioral Health, Developmental and Intellectual Disabilities budget unit; provide General Fund (Tobacco) moneys for substance abuse prevention and treatment for pregnant women with a history of substance abuse; provide General Fund (Tobacco) moneys for the Health Access Nurturing Development Services Program, Healthy Start initiatives, Universal Children's Immunizations, Folic Acid Program, Early Childhood Mental Health, Early Childhood Oral Health, Kentucky Early Intervention Services First Steps Program, Reach Out and Read Program, Smoking Cessation, and Early Childhood Development Program; require that an entity contracting with the Cabinet for Health and Family Services to provide essential services shall provide local match equal to or greater than the amount in effect during fiscal year 2009-2010; provide funds for Drug Courts in Kentucky's coal-producing counties and Operation Unite; provide General Fund (Tobacco) moneys for the Office of Drug Control Policy; provide funds for the Kentucky Law Enforcement Foundation Program Fund, training incentive payments, and training incentive stipends; provide that the Governor's call of the Kentucky State Police to extraordinary duty is a necessary government expense; provide funds for Kentucky State Police personal training incentives, operations, administration, and dispatcher training incentives; provide debt service to the Corrections Management budget unit; allow the Department of Corrections to adjust appropriations between the Community Services and Local Facilities budget unit and the Adult Correctional Institutions budget unit; provide jailer mental health screening training; provide for time credit for program completion, meritorious credit, and home incarceration; provide funds to the Adult Correctional Institutions budget unit for education programs at Department of Corrections facilities that had previously been funded by the Kentucky Community and Technical College System (KCTCS) budget unit; provide that excess local jail per diem costs are necessary government expenses; provide funds for local jail funding; provide conditional parole for substance abuse and other programs; provide intermediate sanctions for technical parole violators; provide parole deferments; allow the Department of Public Advocacy to suspend payment of 50 hour blocks of compensatory time for those attorneys who have accumulated 240 hours of compensatory time and instead convert those hours to sick leave; declare that no General Fund moneys are appropriated to the Kentucky Workers' Compensation Funding Commission; provide funds from the Coal Workers' Pneumoconiosis Fund to support mine safety compliance, education, and training; provide a pool of funds to be allocated and distributed to employers of members of the Kentucky Employees Retirement System and the State Police Retirement System to provide the General Fund portion of the increased employer contribution rates; provide a pool of funds to be allocated to the Executive Branch agencies that participate in the Public Employees Self-Insured Health Insurance Program to provide the General Fund portion of the increased cost of health insurance; provide funds to support a dependent subsidy for full-time employees of quasi-governmental employers, excluding state agencies, participating in the State Group Health Insurance Program; provide for the Adult Education and Literacy Funding Program and Science and Technology Funding Program to not lapse and to carry forward; provide for transfer of moneys from the Strategic Investment and Incentive Trust Fund; provide General Fund (Tobacco) moneys for the Ovarian Cancer Screening Outreach Program; provide debt service for the Council on Postsecondary Education; declare that no net lottery revenues are provided and that bond funds are appropriated to replace the full value of net lottery revenues; provide debt service for the Kentucky Higher Education Assistance Authority; provide funds for the College Access Program, the Kentucky Tuition Grant Program, the Teacher Scholarship Program, the Kentucky National Guard Tuition Assistance Program, and the Kentucky Education Excellence Scholarships (KEES); provide coal severance funds for the National Guard Tuition Assistance program for members from coal-producing counties; provide debt service for Kentucky State University, Morehead State University, Northern Kentucky University, the University of Kentucky, the University of Louisville, and Western Kentucky University; provide funds for the Mining Engineering Scholarship Program and the Robinson Scholars program; provide funds for the Quality and Charity Care Trust Agreement; provide funds for the Firefighters Foundation Program Fund and the Firefighters Training Center Fund; provide that the funding for education programs at Department of Corrections facilities is located in the Adult Correctional Institutions budget unit; provide for the conveyance of KCTCS property; allow the [[Department of Housing, Buildings and Construction[[ funding flexibility; provide General Fund (Tobacco) moneys for the Kentucky Access Program; provide funds for Tourism Marketing and Development and the Bluegrass State Games; provide that no transfer be made to the Parks Capital Maintenance and Renovation Fund; provide debt service to the Parks budget unit and the State Fair Board budget unit; provide that local art councils be exempt from open meetings and records laws; provide for Capital Construction Fund appropriations and reauthorizations; provide for the expiration of existing line-item capital construction projects; detail bond proceeds investment income; provide for appropriations for projects not line-itemized; provide for bond issues for tobacco and non-coal producing counties; provide that if funds from the Capital Construction and Equipment Purchase Contingency Account or Emergency Repair, Maintenance, and Replacement Account are not sufficient then expenditures of the fund are necessary government expenses; authorize and appropriate capital projects for various state agencies and universities; require the Secretary of the Finance and Administration Cabinet and the State Property and Buildings Commission to approve all economic development bonds before issuance, provide for the use of New Economy High-Tech Construction/Investment Pool funds; provide funds for the Kentucky Alternative Fuel and Renewable Energy Fund Program; provide that funds for the Commonwealth Office of Technology's major equipment purchases shall be transferred from the Operating Budget as funds are available and needed; provide guidelines for agency bond-funded projects for postsecondary institutions; provide for fund designations; provide for the expenditure of excess Restricted Funds or Federal Funds Receipts; provide for interim appropriation increases; provide that revision of appropriation allotments conform to statutory requirements; provide purpose and transfer restrictions for appropriations expenditure; outline permitted appropriation obligations; require that any General Fund or Road Fund appropriation made in anticipation of a lack, loss, or reduction of Federal Funds lapse to the General Fund or Road Fund Surplus Account; require a state agency entitled to Federal Funds to conform to statutory requirements; provide that any excess General Fund or Road Fund debt service shall lapse, unless directed otherwise by this bill; provide that all statutes and portions of statutes in conflict with this bill are suspended, unless otherwise provided by this bill; clarify the construction of budget provisions on statutory budget administration power and duties; provide that the Secretary of the Finance and Administration Cabinet shall interpret all questions arising from this bill; provide for the publication of this bill; require the State Budget Director to monitor and report on the Commonwealth's financial condition; authorize the Secretary of the Finance and Administration Cabinet to prorate administration costs; provide that no portion of this bill alone be construed to confirm or ratify an executive reorganization order; require the State Budget Director to provide a budget planning report and tax expenditure revenue loss estimates to each branch; provide that any duplicate appropriations be governed by the duplicate appropriation statute; provide for priority of individual appropriations and severability of budget provisions; provide that all unclaimed lottery prize money be credited to the Kentucky Education Excellence Scholarship Reserve; provide various Workers' Compensation requirements; provide that the dormancy period for abandoned property held by financial institutions, other than traveler's checks, is three years; provide for the sale of abandoned property by the Finance and Administration Cabinet; provide that premium and retaliatory taxes be credited to the General Fund; provide for undesignated General Fund and Road Fund carry forward; provide for the adoption of budget reductions; provide for General Fund expenditure reductions; allow for the reallocation of appropriations among budget units; provide that the sale of surplus property be deposited into the General Fund unless federal funding restraints require otherwise; provide expedited protest resolution; establish the state salary/compensation and employment policy; specify fund transfers; provide a General Fund Budget Reduction Plan and General Fund Surplus Expenditure Plan; provide a Road Fund Budget Reduction Plan and a Road Fund Surplus Expenditure Plan; outline Phase I Tobacco Settlement Funds; provide a State/Executive Branch Budget Summary; establish the Insurance Coverage, Affordability, and Relief to Small Employers (ICARE) program; provide a contingency plan for additional federal assistance for states; require a declaration requirement for nonresident business income; amend the Kentucky Environmental Stewardship Credit; and provide for expanded gaming.[1]

Links

References

  1. HB 290 on lrc.ky.gov