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HB 395 (BR 1317) - J. Hoover
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.
The State/Executive Branch Budget: appropriate from the General Fund, General Fund-Tobacco, Road Fund, Restricted Funds, Federal Funds, Bond Funds, Agency Bonds, Capital Construction Surplus, Investment Income, and other funds, $133,947,200 in fiscal year 2003-04, $21,305,785,000 in fiscal year 2004-05, and $19,166,984,000 in fiscal year 2005-06, as follows:
General Government
2003-04 $7,978,200
2004-05 $631,132,400
2005-06 $645,236,800
Commerce Cabinet
2003-04 $550,000
2004-05 $192,127,100
2005-06 $197,032,600
Economic Development Cabinet
2003-04 $1,452,300
2004-05 $25,117,400
2005-06 $25,688,700
Department of Education
2004-05 $3,487,163,900
2005-06 $3,580,979,800
Education Cabinet
2003-04 $7,000
2004-05 $1,198,343,900
2005-06 $1,219,227,100
Environmental and Public Protection Cabinet
2003-04 $23,500
2004-05 $645,860,400
2005-06 $646,640,300
Finance and Administration Cabinet
2003-04 $554,000
2004-05 $539,109,300
2005-06 $547,379,800
Health and Family Services Cabinet
2003-04 $110,000
2004-05 $5,714,402,800
2005-06 $5,575,540,200
Justice and Public Safety Cabinet
2004-05 $663,883,400
2005-06 $666,379,100
Postsecondary Education
2003-04 $122,309,200
2004-05 $3,760,111,400
2005-06 $3,977,804,200
Transportation Cabinet
2004-05 $1,768,553,800
2005-06 $1,868,838,400
Necessary Governmental Expenses
2004-05 $10,000,000
2005-06 $10,000,000;
Not included in the above appropriation amounts are capital project amounts as follows:
Capital Projects
2003-04 $963,000
2004-05 $2,669,979,200
2005-06 $206,237,000;
provide for allocations of the Local Government Economic Development Fund; direct that appropriations for existing line-item capital construction projects expire on June 30, 2004, except under specified conditions; prohibit the sale of permanent bonds to finance certain bond projects before January 1, 2005; permit the lapse of General Fund appropriated debt service under certain conditions; allow funding of capital projects from specified funding sources; direct use of investment income from bond proceeds and the Technology Trust Fund; direct the issuance and use of economic development bonds; provide appropriation and reporting requirements for specified capital projects; provide for the recording, reporting, allotment, and expenditure of appropriated funds; provide for the deposit of Restricted Funds and Federal Funds; prohibit the transfer of funds between budget units unless specifically authorized and upon review and determination by the Interim Joint Committee on Appropriations and Revenue; prohibit the expansion of an appropriation from any fund source over the sum specified until the agency has submitted required documentation to the Interim Joint Committee on Appropriations and Revenue for review and action under KRS 48.630; require the Secretary of the Finance and Administration Cabinet to make decisions concerning questions relating to interpretations of any appropriation; require the Governor's Office for Policy and Management to prepare, within 60 days after adjournment of the 2004 General Assembly, a final budget document based on the proposed State/Executive Branch Budget, the statutory budget memorandum, other acts that contain appropriation provisions as enacted by the 2004 General Assembly, and other supporting documentation and legislative records as considered by the 2004 General Assembly; provide for construction of budget provisions regarding executive reorganization orders; require the State Budget Director to monitor and report on the financial condition of the Commonwealth pursuant to KRS 48.400; authorize the Secretary of the Finance and Administration Cabinet to establish a formula to prorate certain administrative costs; require Road Fund resources to be utilized to meet the lease-rental payments of the Kentucky Turnpike Authority for Resource Recovery Road projects; direct that confirmation or ratification of executive orders must be confirmed or ratified in an Act of the 2004 Regular Session of the General Assembly; specify that the employer contribution for KERS cannot exceed 5.89% for nonhazardous duty employees, 18.84% for hazardous duty employees, and 21.58% for State Police for the period July 1, 2004, through June 30, 2005, and 5.89% for nonhazardous duty employees, 18.84% for hazardous duty employees, and 21.58% for State Police for the period July 1, 2005, through June 30, 2006; direct the Finance and Administration Cabinet, in conjunction with the Consensus Forecasting Group, to provide a budget planning report by August 15, 2005; direct the Office of State Budget Director to provide estimates relating to the General Fund and Road Fund and loss of revenues effected by tax expenditures; require that all unclaimed lottery prize money be transferred to the KEES Reserve subsidiary account of the Student Financial Aid and Advancement Trust Fund in each fiscal year; specify the funding and uses of the Technology Trust Fund; confirm and adopt General Fund Budget Reduction Order No. 04-01 for fiscal year 2003-04 and Road Fund Budget Reduction Order No. 04-01 for fiscal year 2003-04; waive sovereign immunity for motor vehicles covered under government agencies; provide a tax exemption for commercial printers; establish the cigarette tax evidence compensation at $0.15 face value for each $3 of cigarette tax evidence purchased at face value; provide for retention of all abandoned property receipts in the General Fund; limit the total number of filled permanent positions within the Executive Branch to the number authorized in the Act; provide a 1.5% cost-of-living adjustment in fiscal year 2004-05 and a 3% cost-of-living adjustment in fiscal year 2005-06 for each eligible state employee on their anniversary date; provide for identification and filling of positions not funded within the Act; provide a mechanism for employee furloughs and reductions in hours; provide for funds transfers to the General Fund totaling $47,563,200 in fiscal year 2003-04, $28,751,500 in fiscal year 2004-05, and $81,359,300 in fiscal year 2005-06; provide for a General Fund Budget Reduction Plan, a Road Fund Budget Reduction Plan, and a Road Fund Surplus Expenditure Plan; provide conditions, directives, and mandates for implementation of the budget plan; provide for a General Fund Surplus Expenditure Plan; and provide for identification and appropriation of Phase I Master Settlement Tobacco Settlement funds totaling $108,800,000 in fiscal year 2004-05 and $108,600,000 in fiscal year 2005-06.
HB 395 - AMENDMENTS
HCS/Analysis - Retain provisions of the bill as introduced with the following changes: The State/Executive Branch Budget: appropriate from the General Fund, General Fund-Tobacco, Road Fund, Restricted Funds, Federal Funds, Bond Funds, Agency Bonds, Capital Construction Surplus, Investment Income, and other funds, $133,606,000 in fiscal year 2003-04, $22,005,794,000 in fiscal year 2004-05, and $19,508,990,700 in fiscal year 2005-06 as follows:
General Government
2003-04 $8,037,000
2004-05 $635,102,200
2005-06 $664,594,300
Commerce Cabinet
2003-04 $550,000
2004-05 $193,485,000
2005-06 $198,632,500
Economic Development Cabinet
2003-04 $1,452,300
2004-05 $24,584,400
2005-06 $26,155,700
Department of Education
2004-05 $3,573,415,900
2005-06 $3,739,647,700
Education Cabinet
2003-04 $7,000
2004-05 $1,205,591,800
2005-06 $1,230,692,900
Environmental and Public Protection Cabinet
2003-04 $23,500
2004-05 $629,110,200
2005-06 $629,383,300
Finance and Administration Cabinet
2003-04 $554,000
2004-05 $525,019,200
2005-06 $546,195,500
Health and Family Services Cabinet
2003-04 $110,000
2004-05 $5,727,927,800
2005-06 $5,600,717,500
Justice and Public Safety Cabinet
2004-05 $661,175,400
2005-06 $663,675,200
Postsecondary Education
2003-04 $122,309,200
2004-05 $3,759,578,400
2005-06 $3,983,048,800
Transportation Cabinet
2004-05 $2,123,835,800
2005-06 $1,993,441,600
Necessary Governmental Expenses
Not included in the above appropriation amounts are capital project amounts as follows:
Capital Projects
2003-04 $563,000
2004-05 $2,946,967,900
2005-06 $232,805,700;
give the Governor time-limited flexibility to transfer up to 10% of appropriated funds within state agencies; provide no new or additional leased office space except to reduce costs or address health and safety issues; limit the number of political appointees to the number employed on December 1, 2003, which represents a reduction of 250 employees mandated by the General Assembly; permit sole source contracts only for emergencies; direct state agencies to reduce printing-related expenses by 25% and use Internet and other electronic technology as much as possible to provide public access to information; limit permanent use vehicles to the Court of Justice, Cabinet Secretaries, and law enforcement or for other public safety purposes; require state agencies to monitor all travel expenditures and use state parks or other state facilities to the fullest extent feasible; prohibit state agencies from privatizing any state service or facility that is currently performed by state employees unless the Legislative Research Commission is given notice and an opportunity to review; direct the Office of Educational Accountability to conduct an assessment of indicators for evaluating school performance; reduce the period a bank can hold unclaimed property from seven years to three years; allow the Treasury Department three years to sell escheated securities; provide an annual increment of 1.5% in FY 2004-05 and 3% in FY 2005-06 to all state employees; provide an additional health insurance COLA of 1.5% to help offset the new employment policy of charging state employees and teachers a premium for single coverage in FY 2004-05 and a second 1.5% adjustment in FY 2005-06 to help offset the increases in co-pay and deductibles they will absorb under the new health insurance plan; delete language regarding the furlough of state employees; establish a process to review all organizational units in State Government with fewer than five filled positions and eliminate units that are not justified, but include protection for merit employees where units are abolished; retain the current salary maximum for political appointees of $9,000 per month as of July 1, but allow for them to get the same COLAs as other employees; require that the current practice of allowing two spouses to combine their single coverage to a family plan to be continued; provide a monthly housing allowance of up to $1,000 for the Lieutenant Governor in each fiscal year of the biennium; provide the Commission on Military Affairs additional funding for Base Realignment and Closure; provide additional funding for increases in administrative costs to administer the Deferred Compensation Program due to increased participants; provide funding for the Commonwealth's Personnel Payroll System, State Agencies' Health Insurance Supplemental Funding, and online health insurance applications; fund a one-time bonus for county extension agents in each year; allow counties allocated in excess of $20,000 annually from Tobacco Settlement Funds to provide up to 4% of the individual county allocation, not to exceed $15,000, to the county council for administrative expenses; provide funding for a FY 2005 Bond Issue totaling $17 million to replace tobacco funds; provide $50,400,000 for the Fund A, Waste Water Revolving Loan Program, $45,600,000 for the Fund F, Safe Drinking Water State Revolving Loan Program, $50,000,000 in new Bond Funds for the Water and Sewer Resource Development Fund for Coal Producing Counties, and $62,925,000 in new Bond Funds for the Water and Sewer Resource Development Fund for Tobacco Counties; authorize the Veterans' Centers (Nursing Homes) to continue the weekend and holiday premium pay incentive component of the Personnel Pilot Program for FB 2004-2006; allow unexpended balances remaining in the Veterans' Centers (Nursing Homes) in FY 2004 not to lapse, but to carry forward into FY 2005; permit approval of travel and per diem expenses incurred when Kentucky residents who have been awarded the Congressional Medal of Honor to attend veterans', military, or memorial events in Kentucky; provide funding for the two Veterans' Cemeteries necessary for Federal Funds support; provide funding for the operations of a veterans' homeless shelter at the Veterans' Affairs Medical Center (VMAC) at the Lexington/Leestown Campus, the Veterans' Burial Honor's Program, the Flood Control Matching Fund, the Cemetery Preservation Fund, the Bluegrass State Games, the Community Development Block Grant program, the Knott County Arts and Crafts Center, Richmond Arts Center, and the Trover Clinic; provide for 50% of Coal Severance Receipts to be returned to the counties; provide funding for the Osteopathic Scholarship Program; increase funding for the High-Tech Construction Investment Pool, School Facilities Construction, tourism marketing, parks renovations, and the Governor's Early Reading Program; decrease funding originally provided to the state to pay for the state's share of county election expenses and voter registration expenses and direct necessary governmental expense payments up to the same maximum amounts for these state expenditures; require state agencies to first submit proposals for legal services to the Office of the Attorney General before outside legal council can be obtained; authorize the Office of the Attorney General to retain a portion of legal settlements up to $50,000 per settlement to pay costs, fees, or staffing expenses associated with such litigation; require state agencies to contact the Office of the Attorney General for hearing officer services before contracting for outside services; fully fund salary parity for all Assistant Attorneys General; fund additional attorneys for Medicaid recoupment litigation, pursuit of claims owed the Commonwealth, and for other general personnel and operating support; transfer the Lieutenant Governor's Mansion for use by the Kentucky Historical Society and provide for recognition for Dr. Thomas D. Clark, Kentucky Historian Laureate for Life; fund the future renovation of the Capital Plaza, the Capitol Complex, and the State Office Building; appropriated $31,500,000 in Bond Funds for a Statewide Repair, Maintenance and Replacement Pool Fund; expand the use of 911 Emergency Communications System; establish the Office of Statewide 911 Coordination in the Governor's Office for Technology; direct that any Public Safety Answering Point (PSAP) that chooses to consolidate operations after July 15, 1998, shall continue to receive pro rata shares of dispatch funds as if each had remained separate and distinct entities; fund the Kentucky Landscape Snapshot Project with federal grant (100%) funds from the National Aeronautics and Space Administration (NASA); fund expanded federal defense contract activity at the Bluegrass Station and the Central Clothing Distribution Facility; increase funding for increased expenditures relating to federal civil rights contract obligations; provide funding for Outdoor Drama Grants; restore funding to the Kentucky Coal Council and Office of Coal Marketing and Export Council; permit craftspeople who are employed by Fort Boonesborough State Park and Old Fort Harrod State Park to sell their crafts at the park's gift shop; direct a feasibility study for construction of a lodge at Fort Boonesborough State Park; increase funding for the Kentucky Horse Park; restore funding for the Kentucky Center for the Arts for operating expenses; direct state agencies to work together to provide technical assistance and financial support as necessary to attract a federal research lab to the Commonwealth; direct the Kentucky Economic Development Finance Authority to reduce the existing loan balance of the Franklin-Simpson Industrial Authority project to expand the Interstate Industrial Park; provide funding for the East Kentucky Jobs Creation Corporation and the West Kentucky Jobs Creation Corporation for both fiscal years; provide funding for the Seeding Innovation Project in elementary and secondary schools; provide additional funds for Learning and Results Services for at least continuation funding of programmatic areas; increase funding for Extended School Services, Safe Schools, Education Technology, Locally Operated Vocational Schools, State Operated Vocational Schools, the Professional Growth Fund, the Family Resource and Youth Services Centers, and Community Education; increase the Support Education Excellence in Kentucky (SEEK) base per pupil by 2.2% above the current level of $3,191 to $3,261 in FY 2004-05 and an additional 6.5% to $3,474 in FY 2005-06, including a 3% cost-of-living adjustment in FY 2004-05 and a 4.5% cost-of-living adjustment in FY 2005-06 for certified and classified personnel. provide $6,183,500 in FY 2004-05 and $13,223,500 in FY 2005-06 to match the additional employer contributions as a result of cost-of-living adjustments of active members of the system; provide $9,282,500 in FY 2005-06 to fund a portion of the underestimates of required state appropriations to the system in fiscal year 2002 and fiscal year 2003; provide funding to fulfill the commitments made by the 2000 Regular Session of the General Assembly and the 2003 Regular Session of the General Assembly for school construction; provide an additional $100,000,000 in offers of assistance; provide additional funding for the Governor's Scholars Program; increase funding for local public libraries; permit the expenditure of funds to provide salary equity for Transportation Cabinet engineers; extend the authorization for the Hazardous Waste Assessment Fee to June 30, 2006; allocate funding to help secure a federal grant for a coal waste impoundment research initiative; allow Quarter horses foaled by artificial insemination to be eligible to race; authorize additional plumbing and Heating, Ventilation, and Cooling inspectors; allow water districts with values less than $250,000 to add small water extensions without prior approval by the Public Service Commission; increase funding for child/day care assistance, foster care, residential care, Alternatives for Children Classrooms; increase funding for the Supports for Community Living Program, the Acquired Brain Injury Program Expansion, the Kentucky All-Schedule Prescription Reporting System, immunization and vaccine programs, the Personal Care Attendant Program, Older Americans Act services, the KY Medication Algorithm Training and Evaluation Project, the Commission Safety Net/Community Care services, Substance Abuse Treatment Services in drug courts, Substance Abuse Treatment Services through Regional MH/MR Boards, and a Homelessness Prevention Pilot Project; provide funding for free legal services for indigents; provide funding for additional juvenile detention centers and programs for juvenile; provide funds from the proceeds of firearm sales for the purchase of body armor for State Police Cadets; provide additional support for debt service for Bond Funds for Phase I of the Offender Management System; continue the mental health screening training program in local jails; require inmates to be placed in county jails or state-operated facilities if space is available before housing them in other facilities; provide for contract renewals for the operation of private prisons if there are no beds available in state-operated facilities; require that no action be taken to privatize any service that is not currently being performed at or for an entire adult correctional facility; provide funding the state operation of the prison in Elliott County and prevent the reallocation of funds provided for operation of prison; provide additional funding for the continuation of the Inmate Education Program at current services levels; provide additional funding to support costs associated with increased felon population in local jails; provide additional funding for the Halfway House program; transfer funding to the Cabinet of Mental Health Mental Retardation, Substance Abuse Treatment Services; provide funding of the Strategic Investment and Incentive Funding Program in the amount of $116.4 million in FY 2004-05 and $145.9 million in FY 2005-06 to keep the HB 1 1997 Postsecondary Education Reforms on track; include funding for a new initiative--Regional Stewardships--to encourage the universities to more fully engage the unique local challenges in their regions; fully fund the Contract Spaces in Veterinary and Optometry; increase funding for Student Financial Aid; includes full funding for the KEES merit scholarship program; provide funding for the National Guard Tuition Award Program and Teacher Scholarships; increase the amount of transfer to Kentucky State Police from $40,000,000 per year to $50,000,000 per year; reduce an additional 500 vehicles from the State Fleet; issues $250,000,000 of Road Bonds for state-funded road construction projects; transfer $5,000,000 of Restricted Funds in FY 2004-05 and $1,000,000 of Restricted Funds in FY 2005-06 from the Fleet Management Program to the General Fund; add specific reporting language regarding the Biennial Highway Construction Program; include language for the authorization of $250,000,000 in Economic Development Road Bonds; provide for half-year debt service in FY 2004-05 and a full-year debt service in FY 2005-06; increase the Federal Fund appropriation by $120,282,000 in FY 2004-05 and $135,603,000 in FY 2005-06; increase funding for the State Resurfacing Program by $655,000 each fiscal year; include language for issuance of $250,000,000 of Economic Development Bonds and direct the Proceeds to State Construction; reduce the Highway Construction Contingency Account by $23,240,000 each fiscal year; include language authorizing Nonpublic School Transportation; and authorize the Transportation Cabinet to use Toll Credits to match federal funds for transit system's capital grants.
HFA (1, D. Ford) - Retain original provisions of the bill with the following changes: State/Executive Branch Budget Totals: Decreases Operating Budget General Fund appropriations by $5,508,900 in fiscal year 2004-2005; increases Operating Budget General Fund appropriations by $7,892,900 in fiscal year 2005-2006; increases Operating Budget Restricted Funds appropriations by $1,924,900 in fiscal year 2004-2005 and $3,920,500 in fiscal year 2005-2006; and increases Capital Budget Agency Bonds appropriations by $10,000,000 in fiscal year 2004-2005 as follows: Department of Military Affairs: Increases General Fund appropriation by $1,530,000 in fiscal year 2005-2006; adds a capital project of $10,000,000 in Agency Bonds in fiscal year 2004-2005 for a Hangar/Warehouse/Office Buildings at Bluegrass Station; Local Government Economic Development Fund: Decreases allocations to the Department for Regional Development by $15,100 in fiscal year 2004-2005, and adds language permitting allocations to coal-producing counties to be used to support non-recurring investments in public health and safety, economic development, public infrastructure, information technology development and access, and public water and wastewater development; Economic Development Cabinet: Adds language in Part II, Capital Projects Budget, encouraging the Kentucky Economic Development Finance Authority (KEDFA) Board to work with the Office for the New Economy to provide up to $500,000 each fiscal year to fund the Seeding Innovation Project for elementary and secondary schools; Department of Education: Decreases General Fund appropriations for the Operations and Support Services budget unit, by $100,000 in fiscal year 2005-2006 and allocates $200,000 in each fiscal year for a Management Assistance Program; increases General Fund appropriations for Learning and Support Services by $10,350,000 in fiscal year 2004-2005 and $13,450,000 in fiscal year 2005-2006; deletes the allocation of $15,000 each fiscal year for the education technology escrow account; deletes the allocation of $9,415,600 each fiscal year for reimbursements to local school districts for the education of state agency children; insert allocations for specific other purposes; deletes language allocating General Fund dollars of $322,887,100 in fiscal year 2004-2005 and $338,025,500 in fiscal year 2005-2006 for health and life insurance coverage for employees of local school districts; replaces language regarding program flexibility in determining the amount of funds to be allocated to local school districts; increases General Fund appropriations for the Support Education Excellence in Kentucky (SEEK) Program of $500,000 in each fiscal year for secondary vocational education in state-supported vocational schools; replaces language regarding salary supplements for nationally certified teachers to provide supplements only to teachers who attain national certification and teachers who have applied and successfully completed certification requirements by February 1, 2004; deletes substitute teachers from employees to receive the one and one-half percent salary increase in fiscal year 2004-2005 and three percent salary increase in fiscal year 2005-2006; adds language specifying that the salary increases in each fiscal year are in addition to normal rank and step increases for certified personnel; adds language concerning standards to be set by the Office of Education Accountability for local school district allocations of administrative and classroom moneys to include a requirement of the concurrence of the Secretary of the Education Cabinet; Education Cabinet: increases the Restricted Funds appropriations to the Teachers' Retirement System by $1,524,900 in fiscal year 2004-2005 and $1,990,500 in fiscal year 2005-2006; increases Restricted Funds appropriations to Department for Technical Education by $400,000 in each fiscal year; Environmental and Public Protection Cabinet: Adds language permitting the Secretary to reallocate specified Restricted Funds within the Cabinet; adds language authorizing the Department of Public Advocacy to convert some attorneys' compensatory time to sick leave if internal budgetary pressures warrant further austerity measures; deletes language regarding the freezing of the Workers' Compensation assessment at 11.5 percent for the biennium; Finance and Administration Cabinet: Decreases General Fund appropriations for debt service by $12,974,600 in fiscal year 2004-2005 and $3,076,800 in fiscal year 2005-2006; Health and Family Services Cabinet: Allocates $1,000,000 in fiscal year 2004-2005 for Supports for Community Living Slots from Restricted Funds instead of the General Fund; Justice and Public Safety Cabinet: Decreases the allocation of General Fund moneys for inmate medical care expenses by $104,100 in each fiscal year; Postsecondary Education: Makes a technical correction in Part II, Capital Projects Budget, to add a Franklin County lease; increases by $875,000 an agency bonds reauthorization to Kentucky State University for Young Hall renovation in Part II, Capital Projects Budget; decreases General Fund appropriations for debt service to the Kentucky Community and Technical College System (KCTSCS) by $3,234,800 in fiscal year 2004-2005 and $3,508,100 in fiscal year 2005-2006; increases General Fund appropriations for debt service to Kentucky State University by $778,200 in fiscal year 2005-2006; decreases General Fund appropriations for debt service to Morehead State University by $29,400 in fiscal year 2004-2005 and $28,200 in fiscal year 2005-2006; increases General Fund appropriations for debt service to the University of Kentucky by $120,100 in fiscal year 2004-2005 and $122,200 in fiscal year 2005-2006; Transportation Cabinet: Adds language allocating Restricted Funds appropriations of $23,000,000 in fiscal year 2004-2005 and $93,000,000 in fiscal year 2005-2006 for Grant Application Revenue Vehicle (GARVEE) Bond Funds; General Provisions: Adds language regarding Cabinet reallocations of appropriations among budget units to permit reallocations of Restricted Funds appropriations as well as General Fund appropriations; add language requiring a carry forward of $5,508,900 in the undesignated fiscal year 2004-2005 General Fund balance to be appropriated in fiscal year 2005-2006 in the Department of Education SEEK and Learning and Results Services budget units; Funds Transfer: Increases the funds transfer from the Local Government Economic Development Fund in fiscal year 2005-2006 by $2,384,000; increases the funds transfer from the Board of Auctioneers in fiscal year 2003-2004 by $7,700; decreases the funds transfer from the Board of Nursing in fiscal year 2003-2004 by $8,000; increases the funds transfer from the Board of Private Investigators in fiscal year 2003-2004 by $300; and makes technical corrections to budget unit entries in the Department of Education.
HFA (2, R. Nelson) - Eliminate Highly Skilled Educator Program and appropriate those funds to the Kentucky Teachers' Retirement System.
HFA (3, J. Lee) - Amend the Supports for Community Living slots to specify that the House appropriates an additional $1,416,400 in General Fund support and $3,261,100 in Federal Funds for an additional 100 slots in FY 2004-05, and an additional $2,500,000 in General Fund support, $2,508,000 in Restricted Funds, and $11,465,600 in Federal Funds for an additional 300 slots in FY 2005-06.
HFA (4, B. Farmer) - Provide temporary suspension of prevailing wage law for school construction for school districts and cities acting under KRS 162.150.
HFA (5, B. Farmer) - Provide temporary suspension of prevailing wage for school construction and state-funded construction.
HFA (6, B. Farmer) - Provide temporary suspension of prevailing wage for school construction and state-funded construction.
HFA (7, B. Farmer) - Provide temporary suspension of prevailing wage law for school construction for school districts and cities acting under KRS 162.150.
HFA (8, B. Farmer) - Provide temporary suspension of prevailing wage for state-funded construction.
HFA (9, B. Farmer) - Provide temporary suspension of prevailing wage for state-funded construction.
HFA (10, B. DeWeese) - Restore the Secretary of Education's authority over Department of Education and Council on Postsecondary Education.
HFA (11, S. Nunn) - Amend KRS 141.066 to provide for a nonrefundable credit equal to 20% of the federal earned income credit rather than the low-income credit; amend KRS 141.180 to provide for state filing requirements for gross income which exceeds the federal poverty guidelines; create new sections of KRS Chapter 142 to impose a 7% tax on the gross receipts of any wholesaler or distributor derived from the sales at wholesale of smokeless tobacco, cigars, loose tobacco, or pipe tobacco; amend KRS 138.146 to impose a 40 cent per pack surtax on cigarettes; amend KRS 138.220 to impose a 4 cent per gallon surtax on gasoline and special fuels effective July 1, 2004, and an eight cent per gallon surtax effective July 1, 2005; provide that the motor fuel tax and surtax shall be indexed to CPI July 1, 2006, and each July 1 thereafter; create a new section of KRS Chapter 136 to provide for a doing business standard for corporate license tax; provide that an entity for corporation license tax includes any limited liability company, registered limited liability company or registered limited liability partnership that elects to be treated as a corporation under federal income tax law, and any single-member limited liability company that is not treated as an entity separate from its corporate member under federal income tax law; amend KRS 136.070 to provide that any entity doing business in the state is subject to the corporation license tax; amend KRS 136.071 to deduct from capital the book value or apportioned book value of an owned entity; amend KRS 139.195 to include cable service and satellite broadcast in the definition of communication service; amend KRS 132.020 to exclude the assessment of new property from the calculation of the state real property tax rate; amend KRS 138.146, 248.652, 438.335, 438.337, 138.210, 138.660, 234.320, 136.090, 136.100 to conform.
HFA (12, R. Damron) - Require the Department for Public Health to continue an abstinence education program.
HFA (13, R. Damron) - Allow Agricultural Credit Associations to exclude the value of their investment in other associations from the computation of taxable capital, if those other associations are already taxed under the statute or are exempt from tax under federal law.
HFA (14, S. Nunn) - Require the Department for Public Health to complete an interdepartmental transfer from the public health general fund appropriations to the Department for Medicaid Services to assure full funding of preventive services to Medicaid recipients provided under contracts with local health departments; and require that the funding, including Medicaid matching funds, not be less than $23,000,000 in each fiscal year of the 2005-2006 biennium.
HFA (15, R. Webb) - Prohibit seeking the death penalty of a person who was age 16 or 17 at the time of the commission of the offense.
HFA (16, R. Webb) - Prohibit the execution of a person who was age 16 or 17 at the time of the commission of the offense.
HFA (17, T. Burch) - Prohibit the execution of a person sentenced to death.
HFA (18, T. Burch) - Prohibit the execution of a person sentenced to death.
HFA (19, J. Fischer) - Provide that "gross income" includes any amounts in excess of $250,000 from the proceeds of a judgment for noneconomic or punitive damages against a health care provider in a civil action for medical malpractice in the provision of health care; provide that such gross income is taxed at the rate of 90% and the proceeds from the tax are appropriated to the Kentucky Health Care Providers Mutual Insurance Authority created in 2004 Regular Session House Bill 450.
HFA (20, J. Fischer) - Provide that "gross income" includes any amounts in excess of $250,000 from the proceeds of a judgment for noneconomic or punitive damages against a health care provider in a civil action for medical malpractice in the provision of health care; provide that such gross income is taxed at the rate of 90% and the proceeds from the tax are appropriated to the Kentucky Health Care Providers Mutual Insurance Authority created in 2004 Regular Session House Bill 450.
HFA (21, J. Fischer) - Prohibit expenditures on human cloning or experimentation on embryos.
HFA (22, J. Fischer) - Prohibit expenditures on human cloning and research on embryos.
HFA (23, T. Riner) - Increase the cigarette excise tax to 20 cents per pack; allocate $4 million from the tax each year to Family Resource and Youth Services Centers and Extended School Services; allocate remaining revenue to SEEK.
HFA (24, H. Cornett) - Provides for a reallocation of Letcher County Coal Severance Projects.
HFA (25, B. Smith) - Provide for a reallocation of Harlan County Coal Severance Projects.
HFA (26, B. DeWeese) - Provide funds from the Legislative Branch Budget to restore funds to the Kentucky Economic Development Finance Authority.
HFA (27, B. DeWeese) - Provide funds from the Department of Corrections to support the recruitment of a federal research lab to the Commonwealth.
HFA (28, B. DeWeese) - Provide funds from the Department of Corrections to support debt service on Economic Development Bonds.
HFA (29, B. DeWeese) - Provide funds from the Department of Corrections to restore funds to the Kentucky Economic Development Finance Authority.
HFA (30, B. DeWeese) - Move funds from the Legislative Research Commission General Fund Continuing appropriation to the Department of Education to expand the Read to Achieve Program.
HFA (31, B. DeWeese) - Accelerate bonding.
HFA (32, B. DeWeese) - Move funds from the corrections appropriation to the Little Sandy Correctional Complex in Elliott County.
HFA (33, B. DeWeese) - Provide funds from the Legislative Branch Budget to support the recruitment of a federal research lab to the Commonwealth.
HFA (34, B. DeWeese) - Amend HB 395/HCS to provide General Fund support totaling $4,224,200 from the Justice Cabinet, Adult Correctional Institutions General Fund appropriation and provide to the Judicial Branch budget in the Court Operations and Administration appropriation unit in fiscal year 2005-2006 to support additional drug court sites.
HFA (35, B. DeWeese) - Amend HB 395/HCS to provide General Fund support totaling $4,224,200 from the Legislative Research Commission General Fund continuing appropriation and provide to the Judicial Branch budget in the Court Operations and Administration appropriation unit in fiscal year 2005-2006 to support additional drug court sites.
HFA (36, K. Upchurch) - Increase funding for Community Services and Local Facilities for the local jail per diem and reduce funding for the Little Sandy Correctional Complex in Elliott County.
HFA (37, B. DeWeese) - Provide funds from the Legislative Budget to support debt service on Economic Development Bonds.
HFA (38, H. Moberly) - Provide for fiscal year 2005-2006 debt service in the amount of $953,000 to be paid from the Budget Reserve Trust Fund for the newly authorized $10,000,000 of Economic Development Bond Pool Bonds.
HFA (39, H. Moberly) - Clarify Health care COLA language for Restricted, Federal, Road, and other funds; adjust General Government totals to reflect House COLA calculation adjustment; delete duplicate language for Bluegrass State Games from Education Cabinet; clarify Kentucky Housing Corporation language relating to the Affordable Housing Trust Fund; clarify Lexington Community College language; clarify health care COLA for Transportation Cabinet; add a line to reflect $250,000,000 in Bond Funds in Transportation Cabinet; in Kentucky Horse Park, move equipment lease language and associated money to Part II; move Coal Waste Impoundment language from Environmental Protection to General Administration and Program Support; remove investment income project in Part II that belongs in the state maintenance pool; adjust Pike County Coal Severance Tax projects; adjust Breathitt County Coal Severance Tax projects; correct fiscal year references and name the Kentucky Infrastructure Authority as the budget unit for the Water and Sewer projects; in Funds Transfer section, insert tabs to appropriately align appropriation amounts for Board of Geologists; clarify treatment of projects listed in HB 489.
HFA (40, B. DeWeese) - Accelerate debt service.
HFA (41, B. DeWeese) - Accelerate debt service.
HFA (42, B. DeWeese) - Accelerate debt service.
HFA (43, B. DeWeese) - Accelerate debt service.
SCS/Analysis - Retain provisions of the bill as passed by the House with the following changes: The State/Executive Branch Budget: appropriate from the General Fund, General Fund-Tobacco, Road Fund, Restricted Funds, Federal Funds, Bond Funds, Agency Bonds, Capital Construction Surplus, Investment Income, and other funds, $133,043,000 in fiscal year 2003-04, $19,182,618,200 in fiscal year 2004-2005, and $19,024,209,900 in fiscal year 2005-2006, as follows:
General Government
2003-04 $8,037,000
2004-2005 $632,972,300
2005-2006 $655,179,600
Commerce Cabinet
2003-04 $550,000
2004-2005 $193,957,100
2005-2006 $201,424,100
Economic Development Cabinet
2003-04 $1,452,300
2004-2005 $24,584,400
2005-2006 $25,916,200
Department of Education
2004-2005 $3,549,487,600
2005-2006 $3,690,434,800
Education Cabinet
2003-04 $7,000
2004-2005 $1,205,341,800
2005-2006 $1,235,311,500
Environmental and Public Protection Cabinet
2003-04 $23,500
2004-2005 $625,410,200
2005-2006 $625,880,300
Finance and Administration Cabinet
2003-04 $554,000
2004-2005 $521,237,200
2005-2006 $537,247,600
Health and Family Services Cabinet
2003-04 $110,000
2004-2005 $5,723,414,300
2005-2006 $5,585,282,200
Justice and Public Safety Cabinet
2004-2005 $651,509,100
2005-2006 $653,095,500
Postsecondary Education
2003-04 $122,309,200
2004-2005 $3,759,275,400
2005-2006 $3,969,404,800
Transportation Cabinet
2004-2005 $2,089,785,800
2005-2006 $2,003,441,600
Budget Reserve Trust Fund
2004-2005 $47,234,700
Not included in the above appropriation amounts are capital project amounts as follows:
Capital Projects
2003-04 $6,463,000
2004-2005 $3,052,603,500
2005-2006 $217,973,500;
increase transfers of Restricted Funds to the General Fund in fiscal year 2003-2004 by $1,300,000, decrease transfers in fiscal year 2004-2005 by $9,480,800, and decrease transfers in fiscal year 2005-2006 by $7,356,000; remove all restrictive language relative to the Lieutenant Governor's Office, including language relating to the Governor's and Lieutenant Governor's expense allowances, expenditure restrictions on the Lieutenant Governor's mansion, vehicle restrictions, State Police security services restrictions, and a monthly housing allowance of $1,000; remove capital budget biennial authority of $900,000 for the Base Realignment and Closure (BRAC) capital project, returning the project to the Finance and Administration Cabinet capital budget; delete the provision that repeals all statutes related to the State Planning Fund; provide General Fund support of $500,000 in fiscal year 2004-2005 and $500,000 in fiscal year 2005-2006 for the State Planning Fund; provide a current year Federal Funds appropriation of $58,800 in fiscal year 2003-2004 to the Commission on Human Rights to provide for contract obligations related to federal civil rights enforcement; provide a current year General Fund appropriation of $25,000 in fiscal year 2003-2004 to the Executive Branch Ethics Commission to support current operating expenditures; provide a current year Federal Funds appropriation of $1,669,800 in fiscal year 2003-2004 to the Board of Elections to support increased personnel, operating, and grant expenditures for the Help America Vote Act of 2002 (HAVA); provide General Fund appropriations of $3,434,800 in fiscal year 2004-2005 and $1,479,500 in fiscal year 2005-2006 for the state's share of county election expenses and the state's share of voter registration expenses; remove the provision regarding providing necessary governmental expense of a maximum amount of $3,434,800 in fiscal year 2004-2005 and $1,479,500 in fiscal year 2005-2006 for the state's share of county election expenses and the state's share of voter registration expenses; decrease General Fund support of $500,000 in fiscal year 2004-2005 and $500,000 in fiscal year 2005-2006 to the Treasury Department for personnel and operating expenditures; decrease General Fund support of $500,000 in fiscal year 2004-2005 and $500,000 in fiscal year 2005-2006 to the Auditor of Public Accounts for personnel and operating expenditures; provide a current year Federal Funds appropriation of $554,000 in fiscal year 2003-2004 to support increased expenditures for implementation of the Kentucky Landscape Snapshot Project with a federal grant from the National Aeronautics and Space Administration (NASA); remove language directing that up to 50% of a 911 Emergency Communications System Restricted Fund surplus, upon the approval of the governing body, may be used to purchase or repair equipment and supplies, including ambulances; remove language that establishes the Office of Statewide 911 Coordination within the Governor's Office for Technology, with the State Administrator of Commercial Mobile Radio Service (CMRS) Emergency Telecommunications serving as the Statewide 911 Coordinator with training, reporting, monitoring, enforcing, and coordinating duties concerning the 911 and enhanced 911 systems; direct the Secretary of the Finance and Administration Cabinet to provide a semiannual report to the Legislative Research Commission beginning December 30, 2004, on all information technology procured from state master contracts by all Executive Branch agencies; direct the Secretary of the Finance and Administration Cabinet to oversee and approve the use of hourly-based information technology contract resources procured from state master contracts by all Executive Branch agencies and report management actions to the Legislative Research Commission by December 31, 2004; direct the Secretary of the Finance and Administration Cabinet, working with the Office of State Budget Director and the Department of Personnel, to minimize reliance on hourly-based information technology contract resources procured from state master contracts with resulting savings actions including adjustments to the personnel cap, compensation schedule, and classification structure for information technology classifications; direct that any Public Safety Answering Point (PSAP) that consolidates operations after July 15, 1998, will continue to receive pro rata shares as if each had remained separate and distinct entities; redirect in the Capital Budget Bond Funds authorization of $26,768,000 to fiscal year 2004-2005 from fiscal year 2005-2006 for the Public Safety Communications Infrastructure Kentucky Emergency Warning System (KEWS) capital project; delete language provisions related to the Office of the Education Cabinet Secretary; delete language provisions related to employer's contribution to teacher's retirement system and medical fraud; provide Bond Funds in support of the Roof Replacement at the network center of Kentucky Educational Television; include a language provision for a $100,000 General Fund related debt service for fiscal year 2005-2006; add a "Hold Harmless Provision" for direct local aid to public libraries; provide a 2% increment in fiscal year 2004-2005 and a 3.5% increment in fiscal year 2005-2006 to all state employees; reinstate the employee furlough language; establish a process to review all organizational units in State Government with fewer than five filled positions and eliminate units that are not justified; include protection for merit employees where units are abolished; provide that the salary for Cabinet Secretaries cannot exceed the total salary for all Cabinet Secretary positions as of December 1, 2003; require that the current practice of allowing two spouses to combine their single health insurance coverage to a family plan be continued; reduce Community Based Services base funding for alternatives for children; direct child care assistance program changes to serve more children; provide $100,000 in General Fund support in each fiscal year for Alzheimer's Disease respite services; support a Medicaid Smartcard capital project in fiscal year 2005-2006 totaling $2,000,000 in General Fund support and $2,000,000 in Federal Funds; delete substance abuse treatment services in drug courts and regional mental health/mental retardation boards, and reinstate the Kentucky Agency for Substance Abuse policy; reduce the Supports for Community Living slots to the Governor's recommendation of 75 additional slots in fiscal year 2004-2005 and 150 additional slots in fiscal year 2005-2006; provide language relating to mental health/mental retardation contracting; remove language prohibiting the reallocation of funds to General Administration and Support or Medicaid Administration from any other budget unit; delete the $100,000 expansion for Lead Poisoning Services; change the fund source for First Steps expansion from agency to federal funds; reauthorize the water pipe extension at Eastern State Hospital; increase funding for the Criminal Justice Council; reduce funding for the Survivors II Program, Gateway Diversion Center, and Mary Kendall Homes; authorize Bond Funds for the Kentucky Public Safety Training Center; provide funding for the Elliott County Prison; restore the Kentucky Agency for Substance Abuse Policy; provide funding of the Strategic Investment and Incentive Funding Program in the amount of $116,400,000 in fiscal year 2004-2005 and $145,900,000 in fiscal year 2005-2006; provide funding authorization for $288,000,000 in new construction and renovation, including $40,000,000 for UK and UL to provide research space; fund the Contract Spaces in Veterinary and Optometry at $3,100,000 in fiscal year 2004-2005 and $3,500,000 in fiscal year 2005-2006; fund student financial aid at $164,500,000 in fiscal year 2004-2005 and $180,200,000 in fiscal year 2005-2006; include full funding for the KEES merit scholarship program at $80,200,000 in fiscal year 2004-2005 and $82,600,000 in fiscal year 2005-2006; provide additional funds for Learning and Results Services for at least continuation funding of programmatic areas; increase funding for Extended School Services, Safe Schools, Education Technology, Locally Operated Vocational Schools, State Operated Vocational Schools, the Professional Growth Fund, the Family Resource and Youth Services Centers, and Community Education; increase federal funding for Jobs for Kentucky's Graduates; increase funding for Read to Achieve; increase the Support Education Excellence in Kentucky base per pupil to $3,221 in fiscal year 2004-2005 and to $3,413 in fiscal year 2005-2006; provide a 2% cost-of-living adjustment in fiscal year 2004-2005 and a 3.5% cost-of-living adjustment in fiscal year 2005-2006 for certified and classified personnel; provide an additional $2,564,000 in fiscal year 2004-2005 and $6,028,000 in fiscal year 2005-2006 to match the additional employer retirement contributions as a result of cost-of-living adjustments of active members; provide $9,282,500 in fiscal year 2005-2006 to fund a portion of the underestimates of required state appropriations to the Kentucky Teachers' Retirement System in fiscal year 2001-02 and fiscal year 2002-03; provide funds to support an additional eight-tenths of one percent cost-of-living adjustment in fiscal year 2004-2005 and an additional seven-tenths of one percent cost-of-living adjustment in fiscal year 2005-2006 for eligible members of the Kentucky Teachers' Retirement System; provide debt service to fulfill the commitments made by previous General Assemblys for school construction purposes; provide an additional $43,484,200 in offers of assistance in fiscal year 2005-2006; provide $4,768,600 in fiscal year 2005-2006 for debt service and $56,515,800 in new bonding authority to support the Urgent Need School Trust Fund; provide equalized facility funding of $2,038,900 in fiscal year 2004-2005 and $1,840,200 in fiscal year 2005-2006; provide growth nickel equalization totaling $9,100,000 in fiscal year 2004-2005 and $8,000,000 in fiscal year 2005-2006; restore $15,000 Restricted Funds transfer in fiscal year 2004-2005 and $15,000 in fiscal year 2005-2006 in the Department of Personnel; provide funds for Housing, Buildings, and Construction to fill vacant positions for 51 Plan Reviewers, Building Inspectors, Plumbing Inspectors, and Heating, Ventilation, and Cooling Inspectors; add language allowing municipalities to issue and sell Revenue Bonds for the purchase of natural gas or electric; add language allowing Public Advocacy to lease additional space to accommodate attritional personnel; create the Community Economic Growth Grant program in the Department for Local Government, providing $5,000,000 Bond Funds each fiscal year and create a program to administer the Coal Severance Projects, Infrastructure for Economic Development Fund for Tobacco Counties, and the Infrastructure for Economic Development Fund for Coal Producing Counties; restore the funding for the State Office Building project to $46,000,000; eliminate funding for the Capital Complex project and the design of renovation for the Capital Plaza project; restore most maintenance projects as proposed by the Governor's budget; add language authorizing $200,000,000 of Road Bonds; add language provisions regarding surplus property; add language regarding the location of the proposed I-66; add language provision regarding toll road facilities; add language regarding programmatic adjustments; include language regarding nonpublic school transportation; add language regarding the use of toll credits; add language regarding Biennial Highway Construction Programs, providing oversight and reporting directives for the Transportation Cabinet; define the approach to the Six Year Highway Plan that the cabinet is required to follow; direct the cabinet to develop a long term capital facilities infrastructure plan; creates a legislative Transportation Oversight Subcommittee; define change orders and supplemental contracts; direct a major overhaul of the DBE Program; restore Restricted Funds support of $300,000 in fiscal year 2004-2005 and $300,000 in fiscal year 2005-2006 for the Horse Racing Authority for administration and regulation personnel expenditures; remove language allowing Quarter horses foaled by artificial insemination to be eligible to race in dates approved under KRS Chapter 230; delete language regarding the Governor's Office of Agricultural Policy directing funds up to $1.6 million each year to be provided for one-time bonuses for county extension agents; amend language to clarify fiscal year "administrative costs" relating to providing funds from county allocations for county council administrative costs; add language directing $4,000,000 each year for grants to the Environmental Stewardship Program and direct that these grants cannot limit the Program from applying for or receiving additional grant awards through the agricultural development council; increase General Fund debt service for the Department of Military Affairs in fiscal year 2005-2006 for $450,000 Bond Funds for a statewide radio system by $48,000 in fiscal year 2005-2006; provide new capital projects totaling $353,900 each year in investment income for an air transportation maintenance pool; provide $676,300 investment income each year for a facilities maintenance pool; provide $450,000 Bond Funds to construct 10 new T-Hangars at the Capital City Airport; provide language that increases support for the UK Diagnostic Laboratories from $370,000 each year to $478,500 each year and redirect $108,500 each year from the enforcement of tobacco sales restrictions account in the Department of Agriculture; fund the Kentucky Coal Council and Coal Marketing and Export Council with Local Government Economic Development Funds; fund the Coal Waste Impoundment research initiative with Local Government Economic Development Funds; allow craft sales in Fort Boonesborough and Old Fort Harrod gift shops by artisans employed by the parks; allow the Kentucky Horse Park to lease equipment, up to $1,000,000; provide $50,000,000 in Bond Funds for the Kentucky State Fair Board; allow the Fair Board to spend Restricted Funds on maintenance projects; provide $40,000,000 in Bond Funds for a Parks Renovation Pool; provide $127,900 each year for the Main Street program; provide funding for Kentucky Center for the Arts; provide language relating to recruitment of a Federal Research Lab; provide language relating to allocations of funds to the Office for the New Economy; provide language relating to the Bluegrass State Skills Corporation and loan forgiveness; provide language relating to Airport Relocation Assistance; provide language relating to engineering salary parity; provide funds for and add language regarding the Environmental Stewardship Program; clarify language on surface mining permits (ownership and control); provide bond funds for State-Owned Dam Repair; provide language granting the Governor flexibility to transfer funds within state agencies; prohibit new or additional office space leases except to reduce costs or address health and safety issues; limit permanent use vehicles to the Court of Justice, Cabinet Secretaries, and law enforcement or for other public safety purposes; require State agencies to monitor all travel expenditures and use state parks or other state facilities to the fullest extent feasible; reduce the number of vehicles assigned to agencies by an additional 500 vehicles; reduce the period a bank can hold unclaimed property from seven years to three years; give the Treasury Department three years to sell escheated securities; require each municipal corporation, independent state board, bureau, commission, department, division, authority, university, college, or office, and any other state entity authorized by law to enter into agreements or contracts for services to abide by the provisions of KRS 45A.690 to 45A.725; require the Commercial Mobile Radio Service (CMRS) Emergency Telecommunications Board to charge a one dollar monthly subscriber rate; transfer $2,756,000 from the CMRS fund to the General Fund to provide debt service associated with Public Safety Communications Infrastructure Kentucky Emergency Warning System (KEWS) capital project; permit public agencies located in a county with a consolidated local government or an urban county government, that were previously required to use newspapers for certain advertising, to use alternative methods or distributing information, either by the Internet or through public libraries; provide $500,000 from the Kentucky Long-Term Policy Research Center Fund in fiscal year 2004-2005 for the University of Kentucky Oral History Program, which shall be named the University of Kentucky/Louis B. Nunn Oral History Program; designate the Horse Cave Repertory Theatre located in Hart County, Kentucky as the official repertory theatre; limit the payment from the Tennessee Valley Authority in lieu of taxes otherwise due any county, city or school district to a maximum of $2,500,000; provide $17,000,000 in Bond Funds to the Governor's Office of Agricultural Policy to replace tobacco funds that were transferred to the General Fund under the Governor's Budget Reduction Order; provide debt service to support $25,000,000 in Bond Funds for the PACE (Purchase of Agriculture Conservation Easements) and PDR (Purchase of Development Rights) Programs; provide $50,000,000 in Bond Funds for Infrastructure for Economic Development for Tobacco Counties; provide debt service for KIA water and sewer projects; provide $5,000,000 each year for the Environmental Stewardship Program in the Department for Natural Resources and reserve an additional $4,000,000 in the Governor's Office for Agricultural Policy for this program; provide $2,228,600 in fiscal year 2004-2005 and $2,222,700 in fiscal year 2005-2006 to the Kentucky Agency for Substance Abuse Policy; amend the General Fund Surplus Expenditure Plan to provide $2,000,000 each fiscal year to the Read to Achieve program and to provide for directing available funds to the Medicaid Benefits budget unit to alleviate the projected deficit in funding and to qualify for federal matching dollars; require each cabinet to develop and apply preaudit procedures to all expenditure transactions for the purpose of detecting errors, fraud, or abuse prior to the issuance of a check or warrant; require initial procedures to be established by October 1, 2004, and provide the actions each cabinet must take in establishing these preaudit procedures; require cabinets to attempt to collect amounts paid venders due to error, fraud, or abuse for 90 days after the improper payment is discovered and require the cabinet, after 90 days, to certify the improper payment as a debt and refer all certified debts to the Finance and Administration Cabinet for further collection action; provide procedures and reporting requirements, and Attorney General referrals; impose interest and collection fee on all certified debts received by the Finance and Administration Cabinet; permit the Finance and Administration Cabinet to retain the collection fee and require the interest and recovered funds to be deposited in the budget reserve trust fund; exempt Medicaid benefits and funds required by law to be remitted to a federal agency from the debt collection program; require the Administrative Office of the Courts to establish a similar debt collection system and provide procedures and reporting requirements; require each cabinet to provide information on all certified debts due to error, fraud, or abuse to the State Treasurer for action to prevent money being paid to a person indebted to the state; provide a tax credit to companies/interested parties to clean up Brownfield sites; provide credit equal to 25% of the cost of cleaning up a Brownfield site under an agreed order, but only after $250,000 in capital expenditures have been made toward the development of the site; revise the method for compiling the master list of county jurors to consist of persons over the age of 18 who hold a valid driver's license which was issued in the county and registered voters in the county; revise the eligibility for and amounts of juror pay by deleting the $5 per day for jury service and providing for all jurors who lose their usual compensation as a result of jury duty a daily pay totaling $10, effective July 1, 2004, and increase to $17.50 effective July 1, 2005; increase the allowable co-payment on Medicaid prescriptions from $1 to $1 for generic drugs and $3 for brand name drugs; allow investment funds approved for credits under KIFA to invest up to 100% of its contributions to a single knowledge-based entity; allow a city, county, or other local government entity to invest in an investment fund and transfer KIFA credits to a private entity; and require that KEDFA approve all applications for entities seeking credits under this provision; amend KRS 6.420 relating to provision of legislative security by the Kentucky State Police to provide for the appointment of legislative security specialists; amend KRS 16.010 relating to definitions to conform; amend KRS 16.185 relating to indemnification to conform; restore General Fund dollars for operating expenses at the Kentucky Center for the Arts; provide that if the balance of the Petroleum Storage Tank Environmental Assurance Fund falls below required amounts, it shall be deemed a necessary government expense and, with approval from the State Budget Director, the funds shall be transferred from the General Fund Surplus Account if available, or from any available balance in the Budget Reserve Trust Fund Account; establish that the goal of a Narcotic Treatment Program shall be to gradually lower doses to get the patient off narcotics or illegal drugs, with maintenance allowed only when the need is documented by a NTP physician; make qualified businesses in an enterprise zone eligible for tax incentives for projects begun before the expiration date of the enterprise zone, retroactive to January 1, 2004; allow the Premium and Retaliatory Taxes collected by the Department of Revenue to be credited to the General Fund; create new sections of KRS Chapter 23A and 24A to define "local government" and "police department"; require the payment of an additional $27 court cost fee for distribution to local governments with police departments, a new jail mental health telephonic triage system, and the Public Service Student Law School Assistance Program; require the circuit clerk to remit funds to the Finance and Administration Cabinet for quarterly distribution to local governments; require funds to be used for the expenses of the operation of the police department; prescribe formula for distribution of funds; require the Justice Cabinet to annually certify the number of certified police officers employed by each local police department and authorize the Finance and Administration Cabinet to promulgate necessary administrative regulations; repeal KRS 24A.190, 24A.191, 24A.192, and 24A.193; create a new section of KRS Chapter 210 to require the Cabinet for Health Services to create a telephonic behavioral health jail triage system to screen jail prisoners for mental health, suicide, mental retardation, and acquired brain injury risk factors, with the system consisting of a written screening instrument to be used upon a prisoner's admission to jail and a telephonic hotline to be used if an increased risk-factor is identified, and with the system recommending protocols for the prisoner's housing, supervision, and care to reduce the identified risks; create a new section of KRS Chapter 441 to require jailers to use the triage system created in and to consider utilizing the triage system's recommended protocols for housing, supervision, and care; create new sections of KRS Chapter 164A to create the Public Service Student Law School Loan Assistance Program, to be administered by the Kentucky Higher Education Assistance Authority, to defray indebtedness incurred for law school for eligible attorneys employed in the Office of the Attorney General, the Prosecutors Advisory Council, the Department of Public Advocacy, or nonprofit legal services organizations designated as eligible; create new sections of KRS Chapter 194A to set forth General Assembly findings, declarations, and goals; create the 9 member Commission for a Healthy Kentucky within the Cabinet for Health Services to develop an action plan to improve the health and well-being of all Kentuckians pursuant to the goals identified by Health Kentuckians 2010; establish membership qualifications with members to be appointed by Governor by June 1, 2004; require Governor to appoint the chair; require the First Lady of the Commonwealth to be a special advisor to the commission; permit members to be reappointed to a second term of 4 years, and permit staggering of terms to assure continuity of experience; require commission to cease to exist no later than December 31, 2010; require commission to meet monthly for first 18 months, and quarterly thereafter, with first meeting by August 1, 2004; establish duties of the commission to include an inventory of local resources, including faith-based, for-profit, and not-for-profit entities that are active in providing health care education, preventive care, disease detection, and treatment; require testimony to be solicited from local citizens, health department directors, directors of family resource and youth services centers, teachers, students, school cafeteria administrators, and others; require strategies to be developed to achieve goals of commission; require input from local extension agents; place local groups with responsibility to implement the plan, such as 4-H Club councils, faith-based organizations, extension advisory councils, among others; encourage development of incentives for participation in employee wellness programs; involve state college and university personnel for assistance with developing action plan; require media consultation for advice on methods to disseminate information about the action plan; build upon existing collaborative initiatives, wherever possible; assess availability of federal and other grant opportunities; permit commission to employ consultants; permit commission to form subcommittees or work groups consisting of members or nonmembers of the commission; require commission to use available data to assess effectiveness of local entities in meeting the health care goals; require recommendations for an action plan in a report to the Governor and the Legislative Research Commission; amend KRS 61.878 to exempt from the Kentucky Open Records Law certain homeland security records pertaining to preventing, protecting against, mitigating, or responding to a terrorist act and to exclude from the Open Records Law under certain circumstances the identity of an individual or a business making a donation to a public agency providing financial support to an institution of education; exclude from the Open Records Law the amount of the donation; exclude from the Open Records Law public or private records having historic, literary, artistic, or commemorative value when accepted by the archivist of a public university, museum, or government depository from a donor or depositor other than a public agency; limit the exclusion by requiring that the donor or depositor request the extent of the nondisclosure in writing; amend KRS 61.805 to apply the Open Meetings Law to arts organizations receiving $25,000 or more in public funds; amend KRS 61.810 to close public agency meetings during the discussion of a homeland security record; amend KRS 61.815 to conform; amend KRS 61.870 to apply the Open Records Law to arts organizations receiving $25,000 or more in public funds; amend KRS 13A.270 to require the administrative body to e-mail a copy of each administrative regulation filed by the agency to persons requesting notification who have provided an e-mail address and to require the administrative body to mail a copy of the regulatory impact analysis to those persons who have not provided an e-mail address; create nonrefundable tax credits of one dollar per gallon for biodiesel producers, two cents per gallon for blenders, and one cent per gallon for retailers of biodiesel fuel; limit total credits available each year for each group (producers, blenders, retailers) to $1,000,000, effective January 1, 2005; provide up to $6,000,000 in additional funding for the Elliott County prison each fiscal year as a necessary government expense; provide $165,000 in fiscal year 2005-2006 for the Elizabethtown Communicare Comprehensive Care Board- Washington County Duplex project; provide debt service for the Southeastern Kentucky Regional Agriculture and Exhibition Center; provide $1,000,000 in Bond Funds for construction of the Clay County Health Technology Center; provide $13,066,000 in Bond Funds for the Henderson Tri-County Technical Center; provide $7,000,000 in Bond Funds for the Madisonville Community College Technology Building; include recognition that increasing taxes on tobacco should reduce consumption and, therefore, result in a healthier lifestyle, and that smokeless tobacco poses fewer health risks than other tobacco products; amend and create various sections of the Kentucky Revised Statutes to reverse the ITW decision for past tax years; provide for the inclusion of all limited liability entities in the corporate tax base; require mandatory consolidated filing for corporations with nexus in Kentucky; disallow the deduction of certain intangible transactions between related entities; reduce the top marginal corporate tax rate to 6%; impose an alternative minimum calculation based on 9.5 cents per $100 of gross receipts; impose a minimum tax of $250; disallow the net operating loss carryback; expand the definition of "doing business"; reduce the top individual income tax marginal rate to 5.7%; freeze the pension exclusion at the current amount of $40,200 per year; increase the low-income tax credit to $12,000; allow a credit for taxes paid at the co
SCA (1, R. Sanders Jr) - Delete funding for the EKU Business Technology Center.
SCA (2, R. Sanders Jr) - Delete funding for the Renovation of Young Hall at KSU.
SCA (3, R. Sanders Jr) - Delete funding for the NASA Space Science Center at MoSU.
SCA (4, R. Sanders Jr) - Delete Funding for the KCTCS Ashland Technology Center.
SCA (5, R. Sanders Jr) - Delete funding for the KCTCS Henderson Technology Center.
SCA (6, R. Sanders Jr) - Delete funding for the New Science Complex at MuSU.
SCA (7, R. Sanders Jr) - Delete funding for the KCTCS Owensboro Technology Center.
SCA (8, R. Sanders Jr) - Delete funding for the KCTCS Madisonville Technology and Coal Bed Methane Research Center.
SCA (9, R. Sanders Jr) - Decrease funds for Breathitt Diagnostic Lab by $100,000 each fiscal year.
SCA (10, R. Sanders Jr) - Provide for Diversity in Recruitment and Retention in the Research Challenge Trust Fund.
SCA (11, R. Sanders Jr) - Require the Kentucky Infrastructure Authority and the Department for Local Government to require that recipients of Infrastructure for Economic Development Projects and Coal Severance Projects have made efforts to secure funding from all available sources prior to the disposition of funds.
SCA (12, R. Sanders Jr) - Delete Lincoln County project from the Infrastructure for Economic Development Fund for Tobacco Counties.
SCA (13, L. Saunders) - Adjust funding for Rockcastle County project in the Infrastructure for Economic Development Fund for Tobacco Counties.
SCA (14, R. Sanders Jr) - Delete Leslie County from the FB 2004-2006 Urgent Need School Trust Fund List.
SCA (15, R. Sanders Jr) - Delete Perry County from the FB 2004-2006 Urgent Need School Trust Fund List.
SCA (16, R. Sanders Jr) - Delete Pike County from the FB 2004-2006 Urgent Need School Trust Fund List.
SCA (17, R. Sanders Jr) - Provide that the corporate license tax no longer apply for tax years ending on or after December 31, 2004; specify that any tax or penalties due for tax periods prior to that date still apply.
SCA (18, R. Sanders Jr) - Adjust funding for Jessamine South Elkhorn Water District project.
SCA (19, R. Sanders Jr) - Add project in Rockcastle County.
SCA (20, R. Sanders Jr) - Provide necessary government expense for cattle identification programs to address such issues as bovine spongiform encephalopathy upon request by the commissioner of Agriculture and approval by the State Budget Director.
SCA (21, R. Stivers) - Add project in Greenup County.
SCA (22, R. Sanders Jr) - Amend projects funded from coal severance tax in Harlan County.
SCA (23, R. Sanders Jr) - Amend coal severance tax projects in Pike and Letcher Counties.
CCR - Include provisions of HB 395/SCS and Senate Committee Amendments 10, 17, 18, 19, 20, 22, and 23, with the following changes: The State/Executive Branch Budget: appropriate from the General Fund, General Fund-Tobacco, Road Fund, Restricted Funds, Federal Funds, Bond Funds, Agency Bonds, Capital Construction Surplus, Investment Income, and other funds, $133,043,000 in fiscal year 2003-04, $19,021,969,500 in fiscal year 2004-2005, and $19,216,770,500 in fiscal year 2005-2006, as follows:
General Government
2003-04 $8,037,000
2004-2005 $634,072,300
2005-2006 $656,279,600
Commerce Cabinet
2003-04 $550,000
2004-2005 $193,957,100
2005-2006 $201,424,100
Economic Development Cabinet
2003-04 $1,452,300
2004-2005 $24,584,400
2005-2006 $26,012,200
Department of Education
2004-2005 $3,549,487,600
2005-2006 $3,690,434,800
Education Cabinet
2003-04 $7,000
2004-2005 $1,205,341,800
2005-2006 $1,235,311,500
Environmental and Public Protection Cabinet
2003-04 $23,500
2004-2005 $625,410,200
2005-2006 $625,880,300
Finance and Administration Cabinet
2003-04 $554,000
2004-2005 $521,237,200
2005-2006 $537,247,600
Health and Family Services Cabinet
2003-04 $110,000
2004-2005 $5,723,914,300
2005-2006 $5,590,327,600
Justice and Public Safety Cabinet
2004-2005 $652,159,100
2005-2006 $653,745,500
Postsecondary Education
2003-04 $122,309,200
2004-2005 $3,759,775,400
2005-2006 $3,969,616,300
Transportation Cabinet
2004-2005 $2,089,785,800
2005-2006 $2,003,441,600
Budget Reserve Trust Fund
2004-2005 $40,962,300
Not included in the above appropriation amounts are capital project amounts as follows:
Capital Projects
2003-04 $6,463,000
2004-2005 $3,266,461,200
2005-2006 $218,740,200;
add language requiring recipients of appropriated Infrastructure for Economic Development Fund for Coal Producing Counties and recipients of Infrastructure for Economic Development Fund for Tobacco Counties to certify that other sources of funds have been applied for, and give the Kentucky Infrastructure Authority the ability to reduce funds based upon alternative funding sources; add language requiring recipients of appropriated Coal Severance Tax Projects to certify that other sources of funds have been applied for, and give the Commissioner of the Department for Local Government the authority to reduce funds based upon alternative funding sources; restore the General Fund appropriation of $100,000 in each fiscal year of the biennium for the Richmond Arts Center; provide $250,000 each fiscal year for the Knott County Arts and Craft Center from the Knott County Single County Coal Severance Account; authorize the Office of the Attorney General to retain up to $50,000 per legal settlement to pay costs, fees, or staffing expenses associated with such litigation; restore increased General Fund support of $500,000 in fiscal year 2004-2005 and $500,000 in fiscal year 2005-2006 for personnel and operating expenditures; restore General Fund support of $500,000 in fiscal year 2004-2005 and $500,000 in fiscal year 2005-2006 for personnel and operating expenditures; provide language relating to the allocations for Outdoor Drama Grants; amend the language provision related to the Tax Credit Pilot Project to include Boone County; provide $11,000,000 in Bond Funds in FY 05 for the Economic Development Bond Pool; provide language related to the Kentucky Investment Fund Act regarding which entities may be eligible to participate in an investment fund; provide language prohibiting the Board of Claims from investigating, hearing proof, or adjudicating claims against the Department of Education or the Kentucky Board of Education for the actions of local education agencies; provide language that allows the Education Cabinet Secretary flexibility in the expenditure of funds from certain Restricted Fund accounts within the cabinet; provide an additional $500,000 in General Fund support in each fiscal year to expand Older Americans Act services; provide an additional $4,545,400 in FY 2005-06 (includes $2,500,000 General Fund) in Private Child Care to retain 70 current staff (direct service positions) and provide benefits for 108 children (Private Child Care is Foster Care or Residential care); provide $350,00 in each fiscal year for the Gateway Juvenile Diversion Center; provide $300,000 in each fiscal year for Mary Kendall Homes; authorize funds not to exceed $1.7 million to be available as a necessary government expense in the event that the Secretary of the Justice and Public Safety Cabinet determines the funding is necessary to operate the new juvenile detention centers in FY 2004-05; allow the Secretary of the Justice and Public Safety Cabinet to request approval from the State Budget Director for up to $10,412,800 in FY 2004-05 and up to $12,107,600 in FY 2005-06 as a necessary government expense if needed to postpone utilization, operate, or privatize the operations of the adult correctional facility located in Elliott County; create a new section of KRS Chapter 532 to allow specific Class D felons or Class C felons who are serving a sentence in a state-operated prison to be eligible to serve the remainder of their sentences outside the walls of the detention facility under terms of home incarceration if an approved monitoring device as defined in KRS 532.200 is utilized; provide additional General Fund moneys totaling $2,000,000 in FY 2004-05 and $5,600,000 in FY 2005-06 to support costs associated with increased felon population in local jails, with the per diem to remain at $27.31; provide $500,00 each year of the biennium for the Rural Innovation Act; provide $7,000,000 in FY 2004-05 to expand the Allied Health Building for additional classroom and laboratory space at Paducah Community College; provide $9,000,000 in FY 2004-05 for retrofitting of the Morgantown Coal Bed Methane Research Technology Center; provide $13,066,000 in FY 2004-05 for the Henderson Technology Center; do not provide $12,000,000 in FY 2004-05 for the Madisonville Technology Center; provide an additional surplus property transfer for the Transportation Cabinet; provide language to allow the Department of Veterans' Affairs, along with the Office of Public Advocacy, to secure additional lease space to accommodate new staff supported by the budget; provide language for a Cattle Identification Program that would address such issues as Mad Cow Disease; provide language that removes cost-of-living increases for members of the General Assembly for fiscal years 2004-2005 and 2005-2006; include a provision for funding up to $500,000 each year for Kentucky Adult Education base funding and family literacy; amend KRS 134.460 and 134.500 to provide that the 12 percent interest that attaches to a certificate of delinquency also applies to the clerk's add-on fee and the county attorney's add-on fee; amend sections of KRS Chapter 439 to increase the number of parttime members on the Parole Board, revise the membership rules, and implement measures to expedite inmate parole hearings; add language relating to Judicial Branch Operations to provide General Fund dollars totaling $1,282,000 in FY 2005 and $922,400 in FY 2006 to support the operations of the Judicial Branch from savings from changes in payments to jurors as indicated in the Jury Selection and Compensation section of the bill; add $26,127,000 in fiscal year 2006 for six months of use allowance, including utilities and one-time nonrecurring furniture and equipment for 18 new courthouse projects; add language to require judges and justices to be provided the same cost-of-living adjustments as Executive Branch employees in Part IV of the Act; add language to direct the Administrative Office of the Courts to collect a minimum of $4,000,000 excess funds from the local operating accounts of Master Commissioners in FY 2004 and to transfer these funds and all future excess funds collected from the local operating accounts of Master Commissioners to the General Fund Surplus Account each fiscal year; add language to require the Administrative Office of the Courts to provide $565,000 each year for the employer's share of retirement and FICA for master commissioners; add language to require the Administrative Office of the Courts to conduct a comprehensive study of the court system and the cost of access to the courts.
Jan 28-introduced in House
Jan 29-to Appropriations and Revenue (H)
Feb 26-posting waived; reported favorably, 1st reading, to Calendar; floor amendment (1) filed
Feb 27-2nd reading, to Rules; recommitted to Appropriations and Revenue (H)
Mar 8-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Tuesday, March 9, 2004; floor amendments (6) (7) (8) (16) (18) (20) (22) and (39) filed ; floor amendments (2)(3)(4)(5)(9)(10)(11)(12)(13)(14)(15) (17)(19)(21)(23)(24)(25)(26)(27) (28)(29)(30)(31)(32)(33)(34)(35)(36)(37) (38)(40)(41)(42) and (43) filed to Committee Substitute
Mar 9-3rd reading, passed 64-36 with Committee Substitute, floor amendment (39)
Mar 10-received in Senate
Mar 11-to Appropriations and Revenue (S)
Mar 17-taken from committee; 1st reading, to Calendar
Mar 18-2nd reading; returned to Appropriations and Revenue (S)
Mar 29-reported favorably, to Rules with Committee Substitute, committee amendments (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) and (16) to Committee Substitute; recommitted to Appropriations and Revenue (S); reported favorably, to Rules with committee amendments (17) (18) and (19) to Committee Substitute ; recommitted to Appropriations and Revenue (S); reported favorably, to Rules with committee amendments (20) (21) (22) and (23) to Committee Sub ; posted for passage in the Regular Orders of the Day for Monday, March 29, 2004; 3rd reading; committee amendments (1) (4) (7) (13) (14) and (15) withdrawn ; passed 22-0-16 with committee substitute, committee amendments (2) (3) (5) (6) (8) (9) (10) (11) (12) (16) (17) (18) (19) (20) (21) (22) and (23); received in House; to Rules (H); placed in the Orders of the Day for concurrence in Senate amendments; House refused to concur in Senate Committee Substitute, committee amendments (2) (3) (5) (6) (8) (9) (10) (11) (12) (16) (17) (18) (19) (20) (21) (22) and (23); received in Senate; Senate refused to recede from Committee Substitute, committee amendments (2) (3) (5) (6) (8) (9) (10) (11) (12) (16) (17) (18) (19) (20) (21) (22) and (23); Conference Committee appointed in House and Senate
Apr 12-Conference Committee report #1 filed in Senate; Conference Committee report #1 adopted in Senate; passed 22-0-16; Not accepted in House (violation of House Rules and Mason's Manual)
Apr 13-Not accepted in House
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