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HB 267/AA/Analysis (BR 1087) - J. Hoover, T. Feeley
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, Highway Bonds, Agency Bonds, Capital Construction Surplus, Investment Income, and other funds, $21,875,754,700 in fiscal year 2004-05 and $20,164,410,600 in fiscal year 2005-06, as follows:
General Government
2004-05 $722,583,700
2005-06 $658,339,300
Commerce Cabinet
2004-05 $195,377,200
2005-06 $201,563,700
Economic Development Cabinet
2004-05 $27,269,200
2005-06 $25,860,700
Department of Education
2004-05 $3,715,997,600
2005-06 $3,956,226,100
Education Cabinet
2004-05 $1,204,361,200
2005-06 $1,235,762,300
Environmental and Public Protection Cabinet
2004-05 $621,442,500
2005-06 $619,098,600
Finance and Administration Cabinet
2004-05 $504,237,500
2005-06 $529,317,200
Health and Family Services Cabinet
2004-05 $6,042,912,900
2005-06 $6,149,138,600
Justice and Public Safety Cabinet
2004-05 $708,690,300
2005-06 $718,967,300
Personnel Cabinet
2004-05 $73,868,000
2005-06 $100,728,900
Postsecondary Education
2004-05 $3,785,545,800
2005-06 $3,969,577,600
Transportation Cabinet
2004-05 $2,290,733,700
2005-06 $1,838,288,600
Necessary Government Expenses
2004-05 $15,000,000
2005-06 $10,000,000
Legislative Branch
2005-06 $108,100
Judicial Branch
2005-06 $1,077,400
Phase I Tobacco Settlement Funding Program
2004-05 $108,800,000
2005-06 $108,600,000
Funds Transfer to General Fund
2004-05 $127,004,600
2005-06 $181,219,700
Not included in the above appropriation amounts are capital project amounts as follows:
Capital Projects
2004-05 $1,967,735,100
2005-06 $151,541,700;
provide that there is $13,277,300 from the Budget Reserve Trust Fund available in fiscal year 2004-2005 for appropriation; provide for allocations of the Local Government Economic Development Fund; direct that appropriations for existing line-item capital construction projects expire on June 30, 2005, except under specified conditions; prohibit the sale of permanent bonds to finance certain bond projects before August, 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, highway bonds, and Grant Anticipation Revenue Vehicle (GARVEE) 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 2005 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 2005 General Assembly, and other supporting documentation and legislative records as considered by the 2005 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 2005 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; provide for retention of all abandoned property receipts in the General Fund; set the dormancy period for abandoned property at three instead of seven years; require the Treasury Department to sell abandoned property within three years of receipt; credit premium and retaliatory insurance taxes to the General Fund; for the purpose of establishing the floor for calculating the excise tax, set the average wholesale price for motor fuels at $1.22; require the computation of the motor vehicle usage tax at the time of titling instead of the time of registration; limit the total number of filled permanent positions within the Executive Branch to the number authorized in the Act; provide a 2% cost-of-living adjustment in fiscal year 2004-05 and a 2% cost-of-living adjustment in fiscal year 2005-06 for each eligible state employee on his or her anniversary date; provide for identification and filling of positions not funded within the Act; provide a mechanism for employee furloughs and reductions in hours; state the intent to provide the same level of health insurance benefits in Plan Year 2006 as is provided in Plan Year 2005 without additional employee cost; provide for a General Fund Budget Reduction Plan, a General Fund Surplus Expenditure 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.
HB 267 - AMENDMENTS
HCS/AA/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, Highway Bonds, Agency Bonds, Capital Construction Surplus, Investment Income, and other funds, $21,875,754,700 in fiscal year 2004-05 and $20,164,410,600 in fiscal year 2005-06, as follows:
General Government
2004-05 $709,042,200
2005-06 $667,140,400
Commerce Cabinet
2004-05 $195,377,200
2005-06 $201,563,700
Economic Development Cabinet
2004-05 $27,269,200
2005-06 $25,860,700
Department of Education
2004-05 $3,715,466,000
2005-06 $3,974,154,600
Education Cabinet
2004-05 $1,204,361,200
2005-06 $1,240,611,900
Environmental and Public Protection Cabinet
2004-05 $627,238,400
2005-06 $620,848,600
Finance and Administration Cabinet
2004-05 $504,237,500
2005-06 $533,916,200
Health and Family Services Cabinet
2004-05 $6,042,912,900
2005-06 $6,217,796,100
Justice and Public Safety Cabinet
2004-05 $709,676,200
2005-06 $717,254,300
Personnel Cabinet
2004-05 $73,868,000
2005-06 $100,728,900
Postsecondary Education
2004-05 $3,786,045,800
2005-06 $3,987,080,000
Transportation Cabinet
2004-05 $2,290,733,700
2005-06 $1,813,931,300
Necessary Government Expenses
2004-05 $10,000,000
2005-06 $0
Legislative Branch
2005-06 $108,100
Judicial Branch
2005-06 $1,077,400
Phase I Tobacco Settlement Funding Program
2004-05 $108,800,000
2005-06 $108,600,000
Funds Transfer to General Fund
2004-05 $129,520,000
2005-06 $188,271,300
Not included in the above appropriation amounts are capital project amounts as follows:
Capital Projects
2004-05 $1,958,210,100
2005-06 $162,816,700;
direct that the operations and funding of $100,000 each fiscal year for the Old Governor's Mansion be turned over to the Kentucky Historical Society and prohibit its use as a residence for the Lieutenant Governor; repeal the statutes pertaining to the use of State Planning Funds and earmark the remaining $25,000 in each fiscal year from the State Planning Fund to the Bluegrass State Games; earmark $50,000 each for the Fayette County African Cemetery #2 and the Cove Haven Cemetery; require the Governor's Office for Local Development to honor all written commitments to grant recipients previously made, as long as funds are available; move funding for county extension agents from the Governor's Office for Agricultural Policy to the University of Kentucky Cooperative Extension Service and provide $1,000,000 in FY 2005-06 for agents' bonuses; increase Funds Transfer from the Secretary of State, Limited Liability Companies account by $364,200 in FY 2004-05; permit the Attorney General to seek up to $275,000 for the biennium from the Finance and Administration Cabinet as a necessary government expense for expert witness expenses; permit the Office of the Attorney General to contract with outside law firms on a contingency basis; appropriate and transfer up to $500,000 to the County Cemetery Fund; permit the Office of the Attorney General to first recover reasonable costs of litigation; remove the specific minimum amount of $500,000 that must accumulate in the County Cemetery Fund before transfers into the General Fund Surplus Account are made; provide the Office of the Attorney General with discretionary authority concerning attorney compensation; provide authority to the Office of the Attorney General to transfer agency revenue funds from the Cemetery Consumer Security account to other programs within the Office of the Attorney General; delete a provision allowing the Department of Agriculture expenditure discretion pertaining to restricted agency revenue funds; require justification by the Department of Agriculture to the Interim Joint Committee on Appropriations and Revenue of internal fund transfers between programs; fund the Breathitt Veterinary Center at Murray State University; provide General Fund resources of $478,500 in each fiscal year of the biennium to the University of Kentucky Diagnostic Laboratory; provide discretionary authority for the Department of Agriculture to establish restricted agency fund fees concerning the personnel and operations of the Metrology Lab; provide funds to support the increased "employer" level for those members over 65 that insure their spouses under age 65 through the state plan; provide for the recruitment of a federal research laboratory; provide grant funds for various outdoor drama production companies; provide that fees for professional artists and entertainers on the Kentucky Music Trail be paid from the Tourism Marketing Program aimed at tourism activities in Eastern Kentucky; permit crafts persons employed and juried by Fort Boonesborough State Park and Old Fort Harrod State Park to sell craft items they make to the state park at which they are employed for resale in its gift shop; require a feasibility study be conducted concerning constructing a state park lodge at Fort Boonesborough State Park; permit the Horse Park Commission to lease up to $1,000,000 in equipment; permit the State Fair Board to complete regular or ongoing maintenance projects with agency revenue receipts; restrict the Board of Claims' investigative powers against the Department of Education or the Kentucky Board of Education; provide a weighted funding formula for area centers and vocational departments; require allotments of Safe Schools funds; provide alternatives to newspaper publication of school districts' complete annual financial statement and the school report card; set aside funds received from disposal of surplus property from the Kentucky School for the Blind and the Kentucky School for the Deaf; continue program flexibility for the use of funds for Professional Development, Extended School Services, Preschool, Textbooks, and Safe 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, , Locally Operated Vocational Schools, the Professional Growth Fund, the Family Resource and Youth Services Centers, and Community Education, Gifted and Talented, Elementary Arts & Humanities, Middle School Academic Achievement Center, State Agency Children, Recruitment and Retention, Writing Program, Mathematics Achievement Fund, Rural Literacy, the Kentucky School for the Deaf, and the Kentucky School for the Blind; increase the Support Education Excellence in Kentucky (SEEK) base per pupil by 0.6% above the current level of $3,240 in FY 2004-05 to $3,399 in FY 2005-06, including a 2% cost of living adjustment in FY 2005-06 for certified and classified personnel; provide weight of 0.75% for limited English proficiency; provide additional funds for National Board of Professional Teaching Standards Salary Supplement; provide additional funds for equalized growth nickel; provide additional funds for retroactive equalized growth nickel; establish school facilities matching initiative; increase restricted funds totaling $350,000 in each fiscal year for Operations and Support Services; 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 to be funded in FB 2006-2008; allow local school districts to escrow offers of assistance for a period of eight years; provide funding for the State Medical Insurance Fund Stabilization Contribution in the Kentucky Teacher's Retirement System; provide supplemental health insurance funding for select retired teachers; increase restricted funds totaling $300,000 for the Education Professional Standards Board; delete authorization to reallocate specified Restricted Funds within the Environmental and Public Protection Cabinet; provide authority for salary parity for EPPC engineers; fund 51 additional positions in Housing, Buildings and Construction; exempt water districts or water associations from obtaining a certificate of public convenience and necessity under certain conditions; allow the Cabinet for Health and Family Services to fill 100% federally funded positions; require that any transfer of Medicaid Benefits funds for Medicaid Modernization be reviewed by the Interim Joint Committee on Appropriations and Revenue through the interim appropriations increase process pursuant to KRS 48.630; allow the Department for Community Based Services to establish a $15 fee per criminal background check to partially support an increase in Personal Care Home State Supplementation payments; allow the Department for Community Based Services to increase Personal Care Home State Supplementation payments by $20 per month per eligible resident for a personal care allowance and $2 per day per resident for a facility payment increase; establish a ceiling for the hospital provider tax in FY 2005-2006 at no more than the amount paid in FY 2004-2005; establish the "Hospital Payment Improvement Trust Fund" to hold any hospital provider tax collections above $150,000,000 in either fiscal year to be used to increase hospital reimbursement rates by June 30th of each fiscal year; exempt the Hospital Trust Fund from any budget reduction acts; transfer $300,000 in Restricted Funds from Emergency Medical Services Board collections in FY 2004-2005 to be used in FY 2005-2006 in Medicaid Benefits to increase ambulance fees; require that the Secretary of the Cabinet report to the Interim Joint Committee on Appropriations and Revenue by October 1st of each fiscal year that these funds have been, and will continue to be, used for ambulance service fee increases; allow the Department for Medicaid Services and Department for Community Based Services to establish a pilot project for medical child support enforcement for Medicaid eligibles; require the Medicaid Department to report quarterly on cost containment actions; establish a Homelessness Prevention Pilot Project in FY 2005-06 in Jefferson County and a rural county identified through a statistically demonstrated need; change the Disproportionate Share Hospital (DSH) language to require that the Department pay hospitals the maximum DSH amounts specified by federal law and provide an additional $25,300,000 total funds ($7,600,000 state funds) to DSH hospitals in each fiscal year; set the Total Hospital DSH (per federal ceiling) at $196,200,000 total funds each fiscal year; provide an additional $2,000,000 General Fund in FY 2005-06 for mental health/mental retardation safety net services including, but not limited to, inpatient and outpatient services, partial hospitalization or psychosocial rehabilitation services, emergency services, crisis stabilization services, consultation and education services, and mental retardation services; specify the level of funding included in the budget in FY 2005-2006 for this program; provide that a local or district health department may bill Medicaid for all eligible charges for services provided; make a smoking cessation program for pregnant women available to the Medicaid population through the Kentucky Medicaid Administrative Agent and local health departments; provide funding for the Survivors II program in Fayette County; give directives relating to the housing of Madison and Clark County juveniles and payment of county detention subsidies in relation to the opening of the regional juvenile detention facility in Fayette County; designate funding available for free civil legal services for indigents and require continuation of jailer mental health screening training; specify projects to be completed under the Biennial Highway Construction Program; prohibit funding of additional runways at Bluegrass Field; fund other specific road construction and maintenance projects; provide for school bus tranportation for private school students; provide fee revenue to support the Motorcycle Education Program; specify that all benefits for the State Health Plan in 2006 shall be the same as provided in the Plan for 2005; require that the cross reference benefits for a married couple be provided if both spouses are eligible for coverage under the state health plan; set the rate of contribution to flexible spending for the employer at $234 a month for any employee that declines coverage; delete employee furlough provisions; provide funds to support the cost of employee election to the Personnel Board in FY 2005-2006.
HFA (1, J. Wayne) - Require the LRC to study the total costs to the state of administering the death penalty since 1976; require a report to the Interim Joint Committee on Appropriations and Revenue by September 1, 2005.
HFA (2, J. Wayne) - Provide an additional $1.0 million, General Fund, each fiscal year, for the Affordable Housing Trust Fund; reduce funding for substance abuse accordingly.
HFA (3, J. Fischer) - Add the Regional Special Events Center to the Capital Budget of Northern Kentucky University.
HFA (4, J. Fischer) - Adds the Regional Special Events Center to the Capital Budget at Northern Kentucky University.
HFA (5, J. Fischer) - Provide $2.0 million in General Funds to Campbell County for work to be done on the Courthouse.
HFA (6, J. Fischer) - Provide for $500,000 for work on the Municipal Building in Alexandria.
HFA (7, J. Fischer) - Provide $2.0 million to Campbell County for work to be done on the Campbell County Courthouse.
HFA (8, J. Fischer) - Provide General Fund appropriation of $500,000 to the City of Alexandria for maintenance of the municipal building.
HFA (9, R. Webb) - Fund faculty for the KY Health Care Infrastructure Authority and expenses of the e-health Network Board.
HFA (10, R. Nelson) - Amend to state that writing portfolios consisting of samples of student work shall be one of the instructional tools used in continuous assessment process.
HFA (11, R. Nelson) - Amend to state that writing portfolios consisting of samples of student work shall be one of the instructional tools used in continuous assessment process.
HFA (12, A. Wuchner) - Provide additional operating funds to the base budget of Gateway Community College.
HFA (13, A. Wuchner) - Provide additional base funding for Gateway Community College.
HFA (14, A. Wuchner) - Allow a local board of education to place a tax levy subject to recall.
HFA (15, A. Wuchner) - Allocate $22 million from Road Fund for the road project on KY 237 in Boone County.
HFA (16, B. Farmer) - Suspend KRS 337.010 and KRS 337.505 to 337.550 as they relate to HB 45, agency bonds.
HFA (17, S. Lee) - Require KDE for the 2005-2006 school year to establish a hold harmless per pupil amount for each school district using 1996-97 data; thereafter, require an annual adjustment to hold harmless value equal to the percentage increase in the SEEK base per pupil amount.
HFA (18, H. Moberly Jr) - Ratify expenditures made in the current fiscal year under the Governor's spending plan up to the effective date of the budget bill; delete language concerning Special Funds parameters for county flexibility; authorize $50,000,000 and $82,000,000 in Bond Funds for Water and Sewer Resource Development Fund for Coal Producing and Tobacco Counties projects and appropriate funds for debt service; appropriate funds for the Richmond Arts Center, the Hopkins County Exposition Center, and Goodwill Industries in Louisville; increase funding for Guardian Ad Litem by $2,000,000 in FY 2004-2005; delete funding for payment of court and State Personnel Board judgments; authorize Bond Funds for Facility for Education Arts Programs and Local School Districts 491 and 535 and appropriate debt service; authorize Bond Funds for the James E. Bruce Convention Center in Christian County and appropriate debt service funding; appropriate debt service funding for Parks and the State Fair Board; appropriate funding for Fayette County Community Ventures Corporation Initiatives in FY 2005-2006; delete the prohibition against the Board of Claims investigating and adjudicating claims against the Department of Education and the Kentucky Board of Education for acts of a local board of education, its members, officers, agents, and employees; include funding for community education director salaries and director training; earmark $42,147,100 for additional base Seek allotments and Tier I component funding; specify that the Sacramento Elementary Calhoun Renovation project is eligible for funding; include various capital projects for universities; provide the Health and Family Services Cabinet funds to provide administrative support to the Kentucky e-Health Network Board; cap the hospital provider tax receipts at $150,000,000 per fiscal year and provide for carry forward of excess receipts to match with federal fund in FY 2005-2006 and provide for an additional hospital tax levy if receipts are less than the capped amount; increase Medicaid home health care fees by 5% in fiscal year 2005-2006; establish a provider tax of 5.5% of gross revenues on regional community mental health and mental retardation services, psychiatric residential treatment facility services and Medicaid managed care organization services. provide that the tax receipts must be used to enhance Medicaid reimbursement rates for these services, with the remaining funds to be used to supplement the Medicaid program; revise Justice Administration funding for the internal investigation unit; require unexpended Restricted Funds remaining at the end of FY 2004-2005 for Public Advocacy caseload assistance to be carried forward to FY 2005-2006; incorporate the fiscal impacts associated with HB 132 to provide $87,000,000 in Bond Funds and $27,000,000 in General Fund moneys to make the Phase II Tobacco Settlement payments; increase the per diem rate paid to counties who house state inmates in county jails; appropriate funds for a joint dairy merger between Eastern Kentucky University and the University of Kentucky; appropriate funding for the Markey Cancer Center and the Brown Cancer Center; create a KCTCS facilities construction pool to fund up to three area technology center construction projects per year; authorize issuance of $35,000,000 in bonds for the Parks Renovation Pool, $2,000,000 for a Herrington Lake design study, $50,000,000 for the Kentucky Fair and Exposition Center East Wing renovation project; $1,800,000 for Facility for Education Arts Programs, $50,000 for a Kincaid Lake land acquisition, $32,850,000 for EKU's Business Technology Center, $7,400,00 for KSU's Hathaway Hall and Young Hall renovations, $12,200,000 for Morehead State University's NASA Space Science Center and Health Science Classroom Building, $15,000,000 for Murray State University's new Science Complex, $42,000,000 for NKU's Regional Special Events Center, $40,000,000 for UK's Biological/Pharmaceutical Complex and $8,500,000 for UK's Animal Diagnostic Center, $39,150,000 for U of L's HSC Research Campus Facility and $12,404,000 for U of L's Multipurpose Fieldhouse and Practice Facility, $33,000,000 for WKU's Science Campus renovation, $5,000,000 for WKU's Math and Science Academy renovation, and $194,709,000 for KCTCS institutions' construction projects; delete $200,000 for the Kentucky Horse Park lease-purchase of equipment; provide debt service in FY 2005-2006 for bonds to support the Personnel Cabinet's new Commonwealth's Personnel and Payroll System; designate the Kentucky Wine and Vine Fest of Nicholasville as the official state wine festival; provide an additional one percent cost-of-living adjustment for state employees and school personnel in FY 2005-2006; provide for a funds transfer from the Governor's Office of Agricultural Policy of $27,000,000 in FY 2004-2005; require the LRC to conduct a study of costs associated with implementing the death penalty form 1976 to the present; create a new section of KRS Chapter 158 relating to the Kentucky Data Research Initiative; and provide for refunds of 25% of the sales tax collected by certain institutions that sell donated items and provides job training and employment to individuals with workplace disadvantages and disabilities.
SCS/AA/Analysis - Retain provisions of HB 267/GA 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, Highways Bonds, Agency Bonds, Capital Construction Surplus, Investment Income, and other funds, $23,367,168,500 in fiscal year 2004-2005 and $20,307,709,200 in fiscal year 2005-2006 as follows:
General Government
2004-05 $698,010,200
2005-06 $653,288,400
Commerce Cabinet
2004-05 $196,461,200
2005-06 $206,587,700
Economic Development Cabinet
2004-05 $27,269,200
2005-06 $26,094,700
Education
2004-05 $3,715,570,700
2005-06 $4,016,749,700
Education Cabinet
2004-05 $1,204,441,700
2005-60 $1,252,540,500
Environmental and Public Protection Cabinet
2004-05 $627,088,400
2005-06 $619,308,600
Finance and Administration Cabinet
2004-05 $504,237,500
2005-06 $544,476,700
Health and Family Services Cabinet
2004-05 $6,218,354,000
2005-06 $6,112,934,700
Justice and Public Safety Cabinet
2004-05 $709,520,700
2005-06 $730,215,600
Personnel Cabinet
2004-05 $72,368,000
2005-06 $105,728,900
Postsecondary Education
2004-05 $3,786,345,800
2005-06 $4,036,662,500
Transportation Cabinet
200405 $2,391,883,700
2005-06 $1,824,679,500
Necessary Government Expense
2004-05 $9,000,000
2005-06 $0
Funds Transfer
2004-05 $159,904,400
2005-06 $186,593,800
Legislative Branch
2004-05 $0
2005-06 $108,100
Judicial Branch
2004-05 $0
2005-06 $1,077,400
Phase I Tobacco Settlement Funding Program
2004-05 $108,800,000
2005-06 $108,600,000
Not included in the above appropriation amounts are capital project amounts as follows:
Capital Projects
2004-05 $3,206,617,400
2005-06 $178,441,700;
revise language concerning the use of the Old Governor's Mansion and language related to a housing allowance for the Lieutenant Governor; increase General Fund appropriation by $100,000 each fiscal year for the State Planning Fund and delete language concerning the repeal of the State Planning Fund statutes; reduce funding for the Base Realignment and Closure process to $160,000 in fiscal year 2005-2006; provide for a Maintenance Pool of $860,000 with Investment Income in fiscal year 2004-2005 and aircraft maintenance of $150,000 in General Fund support in fiscal year 2004-2005; add language concerning Kentucky Infrastructure Authority Funding Requirements; revise language concerning the Governor's Office for Local Development and cemetery preservation; provide funds from the Local Government Economic Development Fund for debt service on $82,000,000 bond funded Infrastructure for Economic Development Fund for Coal-Producing Counties; delete language concerning prior grant commitments; add language and debt service funding for the Community Economic Growth Program; delete funding for Goodwill Industries and the Hopkins County Exposition Center; provide funding for Operation Unite; exempt certain arts financing or producing entities from the Open Meetings and Open Records Laws; increase to $64,000,000 the Bond Funds for Infrastructure for Economic Development Fund for Coal-Producing Counties and to $115,000,000 the Bond Funds for the Infrastructure for Economic Development Fund for Tobacco Counties; include debt service and $8,250,000 in Bond Funds for the Southeastern Regional Agricultural and Exposition Center in Corbin; reauthorize and reallocate $175,000 in bond funds for a Bullitt County water and sewer project; revise language relating to the Local Government Economic Development Fund concerning the Tourism Marketing Program, parameters for county flexibility, and the Surface Mining Bond Pool Fund; delete requirement for justification by the Department of Agriculture to the Interim Joint Committee on Appropriations and Revenue of internal fund transfers between programs; add language permitting the Department of Agriculture expenditure discretion pertaining to restricted agency revenue funds; delete General Fund support amounts totaling $500,000 in fiscal year 2004-2005 and $500,000 in fiscal year 2005-2006 provided for additional staffing resources and adjusts totals by the same amounts in each fiscal year; provide additional General Fund resources of $50,000 in fiscal year 2005-2006 for the Civic Literacy Program; delete language providing the Office of the Attorney General broader authority to claim as a necessary governmental expense up to $275,000 in the 2004-2006 biennium for the use of expert witnesses; delete language providing the Office of the Attorney General authority to contract with outside law firms on a contingency basis; delete language providing authority for the Office of the Attorney General to recover reasonable costs of litigation and removes the specific minimum amount of $500,000 that must accumulate in the County Cemetery Fund before transfers into the General Fund Surplus Account are made; delete language providing authority to the Office of the Attorney General to transfer agency revenue funds from the Cemetery Consumer Security account to other programs within the Office of the Attorney General; delete language requiring all state agencies to use hearing officers approved or provided by Office of the Attorney General; delete language authorizing the Office of the Attorney General to hire additional staff to prosecute legal actions for the recovery of public funds; delete General Fund support totaling $500,000 in fiscal year 2004-2005 and $500,000 in fiscal year 2005-2006 provided for additional staffing resources; authorize expenditure of Kentucky Retirement Systems Trust Funds for additional costs resulting from the Federal Medicare Modernization Act and the improvements to the System's Operating and Technology Platform; delete language concerning the Kentucky River Authority's review of water supply and water project plans; increase the Judgments General Fund appropriation in fiscal year 2004-2005 by $5,000,000; remove Outdoor Drama Grant funding for the Edmonson County/Floyd Collins project and redirect those funds to the Horse Cave Theater; delete language regarding the Louisville Waterfront Development Corporation, a federal research lab, and the Fayette County Community Ventures Corporation Initiatives; delete language regarding the Kentucky Music Trail Artists and Entertainers and a Tourism Development project in a city of the second class; delete debt service for the Herrington Lake and Kincaid Lake projects; add fiscal year 2004-2005 Maintenance Pool investment income; delete the requirement for a feasibility and cost study of constructing a state park lodge at Fort Boonesborough State Park; remove authorization for funds for equipment leases, add debt service funding, and delete investment income in fiscal year 2005-2006 for the Horse Park Commission; add language regarding open meetings and open records for the Kentucky Arts Council; increase operating budget funding for capital maintenance and repair for the Kentucky Center for the Arts; delete language relating to the Finance and Administration Cabinet, Office of the Controller, concerning contract litigation; provide $53,500,000 in Bond Funds and corresponding debt service for the State Office Building Renovation Project, Phase II; add General Fund debt service and authorize Bond Funds for the Airport Relocation Assistance Program; remove General Fund-supported debt service and Bond Funds for the Economic Development Bond Pool; add a Bond Funded Capital Project for the Community Economic Development Growth Program for $5,000,000 each fiscal year; revise capital projects for Military Affairs, Commerce Cabinet, Department of Education, Environmental and Public Protection Cabinet, Finance and Administration Cabinet, Health and Family Services Cabinet and Justice and Public Safety Cabinet; revise funds transfers relating to investment income; remove General Fund-supported debt service for Economic Development Bond Funds; add Restricted Funds-supported debt service for Airport Relocation Assistance; assess a one percent administrative fee on Infrastructure for Economic Development Fund projects and reauthorize two Kentucky Infrastructure Authority projects; delete the fund transfer from the EMPOWER Kentucky projects; provide increased debt service for KSD project; provide debt service and bonding authority for the Rockcastle Area Vocational Technical School; delete facility for education arts program; reduce school technology moneys; delete allocation of safe school funds; delete flexible compensation program; delete rural literacy program; revise SEEK funding; provide $3,900,000 in fiscal year 2005-2006 for the Mathematics Achievement Fund, $400,000 of which is for the Center for Mathematics' operational expenses and $500,000 of which is for teacher training at the Center; provide $400,000 for additional equalized nickel moneys; expand the urgent need school trust fund; delete facility support language; delete debt service assistance; provide language provision and debt service for additional construction costs and revise capital budget accordingly; provide $3,800,000 in General Fund moneys in fiscal year 2005-2006 for the creation of the Career and Technical Education Accessibility Fund; set the annual amount of money to be appropriated to the per capita grants and direct the Department for Libraries and Archives to provide local library districts, in each fiscal year, with award amounts no less than received in fiscal year 2003-2004; provide $3,800,000 in General Fund moneys in fiscal year 2005-2006 for the creation of the Career and Technical Education Accessibility Fund; remove language that creates a Breast Cancer Research and Trust Fund Board; delete Homelessness Prevention Pilot Project; delete language related to Interpreter Services and Deaf Students Support and the corresponding funding amount in fiscal year 2005-2006; amend Justice and Public Safety Cabinet budget unit to remove language related to Civil Legal Services for Indigents and restore funding to the level contained in the bill as introduced; provide funding for Justice and Public Safety Cabinet internal investigations unit; remove language for Body Armor in State Police; adjust provisions relating to the State Police to provide more support from the General Fund and provide a training stipend from KLEFPF; provide federal grant funds to Criminal Justice Training; remove language related to the Little Sandy Correctional Complex; restore language allowing the Secretary of Environmental and Public Protection to transfer Restricted Funds between agencies; delete funding and language regarding the Martin County Damage Trust Fund; reduce fiscal year 2005-2006 funding for the Environmental Steward Program by $1,540,000; restore $3,840,000 to the Surface Mining Bond Pool funding from the General Fund to Restricted Funds; delete language requiring the Horse Racing Authority to submit a quarterly report on international wagering; delete language granting an exemption for certain water districts and water associations from compliance with requirements to secure a certificate of public convenience and necessity for a construction project; delete language related to the personnel cap increase; delete language including the Public Service Commission as an agency and the order as a report in the definitions of the Executive Branch Ethics statutes; delete language relating to the definition of "gainful occupation"; provide $150,000 General Fund in fiscal year 2005-2006 for Phase II of the Elizabethtown Communicare Comprehensive Care Board - Washington County Duplex project; remove language relating to Public Advocacy requiring balances remaining at the end of fiscal year 2004-2005 not to be transferred to the credit of the General Fund but to carry forward into fiscal year 2005-2006 to be used for caseload assistance; remove language relating to the Survivor's II Program in Fayette County and language relating to the Madison County Juvenile Detention Facility; increase Restricted Funds appropriation in fiscal year 2005-2006 to provide support for a $3,100 annual salary enhancement for vehicle enforcement officers effective January 1, 2006 and amend related language provision accordingly; provide funds for Operation Unite; add a bond project for the State Police; move home incarceration language into Corrections Management; conditionally permit transfer of General Fund support between Corrections budget units; adjust per diem paid to local jails; remove language related to Civil Legal Services for Indigents and restore funding to the level contained in the bill as introduced; provide funding for Justice and Public Protection Cabinet internal investigations unit; remove language regarding body armor in the State Police budget unit; remove language related to the Little Sandy Correctional Complex; revise Bond Funds and Agency Bonds appropriations for postsecondary education capital construction projects; add a Science Center capital project for Eastern Kentucky University; restore $700,000 of Restricted Funds in fiscal year 2004-2005 from a funds transfer to provide additional dollars for Aviation; increase funding for nonpublic school transportation by $450,000 of General Fund moneys; transfer $234,000 in fiscal year 2005-2006 to the Economic Development Cabinet; increase the debt service appropriation in fiscal year 2005-2006 for increased debt service to support an additional $100,000,000 of Road Fund bonds authorized in fiscal year 2004-2005, to bring the total Road Bonds to $450,000,000; increase the Road Fund appropriation in fiscal year 2005-2006 for the state highway construction program; delete language provisions relating to access roads, pavement and rehabilitation, and maintenance; add permissive programmatic adjustment language; reduce Road Fund revenue by $14,460,000 that is the portion that results from a one cent increase on the motor fuels tax; delete funding for the James E. Bruce Convention Center and the Richmond Arts Center; revise debt service amounts for capital projects adjustments; restore all funds transfers for Boards and Commissions listed in the bill as introduced; delete the funds transfer for the Oil and Gas Well Plugging Fund; provide for a funds transfer of $2,202,800 in fiscal year 2004-2005 from the Limited Liability Companies restricted agency funds account; revise the Road Fund Budget Reduction Plan to reflect a $50,000 reduction in Road Fund revenues in fiscal year 2005-2006; delete the death penalty cost study; amend KRS 31A.010 to require master commissioners to annually provide to the AOC a complete accounting for all amounts received and distributed and for all fees collected and require fees collected in excess of the authorized compensation and expenses of the master commissioner to be remitted to the AOC to inure to a trust and agency account that shall not lapse and which shall be used to hire additional deputy clerks and office personnel; increase deputy clerk or office personnel salaries, or a combination thereof; authorize 15 courthouse projects for which funding for use allowance, operating support, and one-time nonrecurring furniture, fixtures, and equipment is to be deferred to the 2006-2008 fiscal biennium pending action by the 2006 General Assembly; amend KRS 139.200, 139.480, and 139.505 to tax the delivery and transmission of natural gas and to provide a refund of sales tax paid on certain communications services; amend KRS 138.210 to change the floor for calculating the wholesale price of motor fuels to $1.22 per gallon; amend 138.220, 177.320, and 177.365 to make the increased penny in fuels taxes paid into the state Road Fund only; amend KRS 141.010 to remove the deduction allowed for foreign income tax paid; amend KRS 58.180 to allow utilities owned by municipalities to sell bonds; include provisions relating to the distribution of Phase II Tobacco Settlement funds.
SCA (1, C. Borders) - Earmark funds for the Breathitt Veterinary Center at Murray State University in fiscal year 2005-2006.
SCA (2, A. Kerr) - Add Animal Diagnostic Center to UK's budget.
SCA (3, C. Borders) - Provide that Clay Community Center shall receive eight additional classrooms.
SCA (4, G. Tapp) - Provide additional General Fund support totaling $5,595,400 in fiscal year 2004-2005 to fully fund the equalized growth nickel provision; provide additional General Fund support totaling $5,433,300 in fiscal year 2005-2006 to fully fund the equalized growth nickel provision; provide funding support for seven new local school districts that are now eligible to participate.
SCA (5, C. Borders) - Amend HB 267/SCS by adding Rowan County Courthouse to Capital Projects list to authorize construction of courthouse facility; amend language that defers use allowance, operating support, and one time non-recurring furniture and equipment to the fiscal biennium 2006-2008 pending actions of the 2006 General Assembly.
SCA (6, D. Kelly) - Reduce the Miscellaneous Appropriations, Judgments appropriation for fiscal year 2004-2005 to provide a balance of appropriations in that fiscal year.
FCCR/Analysis - Retain provisions of HB 267/SCS 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, Highways Bonds, Agency Bonds, Capital Construction Surplus, Investment Income, and other funds, $23,540,487,200 in fiscal year 2004-2005 and $20,333,449,100 in fiscal year 2005-2006 as follows:
General Government
2004-05 $697,307,700
2005-06 $655,583,400
Commerce Cabinet
2004-05 $196,631,200
2005-06 $206,929,700
Economic Development Cabinet
2004-05 $27,269,200
2005-06 $26,109,700
Education
2004-05 $3,721,166,100
2005-06 $4,025,836,000
Education Cabinet
2004-05 $1,204,441,700
2005-60 $1,254,290,500
Environmental and Public Protection Cabinet
2004-05 $627,238,400
2005-06 $620,848,600
Finance and Administration Cabinet
2004-05 $504,237,500
2005-06 $544,183,700
Health and Family Services Cabinet
2004-05 $6,218,354,000
2005-06 $6,113,034,700
Justice and Public Safety Cabinet
2004-05 $709,861,700
2005-06 $733,018,700
Personnel Cabinet
2004-05 $72,368,000
2005-06 $105,728,900
Postsecondary Education
2004-05 $3,787,745,800
2005-06 $4,040,964,000
Transportation Cabinet
2004-05 $2,391,883,700
2005-06 $1,824,679,500
Necessary Government Expense
2004-05 $0
2005-06 $0
Funds Transfer
2004-05 $160,834,100
2005-06 $184,197,100
Legislative Branch
2004-05 $0
2005-06 $108,100
Judicial Branch
2004-05 $0
2005-06 $1,077,400
Phase I Tobacco Settlement Funding Program
2004-05 $108,800,000
2005-06 $108,600,000
Not included in the above appropriation amounts are capital project amounts as follows:
Capital Projects
2004-05 $3,381,982,900
2005-06 $182,241,700;
transfer the Old Governor's Mansion to the Kentucky Historical Society and provide $100,000 annually to the Kentucky Historical Society for maintenance; provide an allowance for the Lieutenant Governor of $2,500 monthly, $1,000 for housing and $1,500 for the performance of other duties; provide General Fund moneys totaling $125,000 annually for the State Planning Fund, with $25,000 annually being made available for the Bluegrass State Games; provide an additional $100,000 of General Fund moneys in fiscal year 2005-2006, of which $50,000 is provided for a Williamstown Cemetery position and $50,000 is provided for the Veterans' Homeless Shelter in Lexington; provide an additional $600,000 in Restricted Funds in fiscal year 2005-2006, of which $250,000 is for a four percent increase in operating funds for the Veterans' Centers and $350,000 is for the purchase of land adjacent to the Thomson/Hood Veterans' Center; provide $2.2 million in Bond Funds to match $11 million in Federal Funds for the Federally Assisted Wastewater Revolving Loan Fund Program; provide $2.6 million in Bond Funds to match $13 million in Federal Funds for the Safe Drinking Water State Revolving Loan Fund Program; provide $80 million in Bond Funds for the Infrastructure for Economic Development Fund for Coal-Producing Counties; provide $126 million in Bond Funds for the Infrastructure for Economic Development Fund for Tobacco Counties; provide $1,350,000 in Bond Funds from the Finance Cabinet's Combined Pool for the construction of 30 T-Hangars at the Capital City Airport and $860,000 in Bond Funds in fiscal year 2004-2005 for the Maintenance Pool; provide $860,000 in Investment Income in fiscal year 2004-2005 for the Maintenance Pool; provide $12,020,000 in Agency Bonds in fiscal year 2004-2005 for Bluegrass Station to construct a hangar, warehouse, and office building; provide $2,300,000 in Bond Funds for a Deferred Maintenance Pool to address the backlog of maintenance projects at National Guard facilities; provide an additional $150,000 of General Fund moneys in fiscal year 2004-2005 for Aircraft Maintenance; provide $2.0 million in General Fund moneys for the Renaissance Kentucky Program; provide $1.5 million in each fiscal year for the Flood Control Matching Fund; provide an additional $500,000 in Restricted Funds for the Cemetery Preservation Fund; provide $5.0 million in Bond Funds each fiscal year for the Community Economic Development Grant Program; provide $12.0 million in Bond Funds in fiscal year 2004-2005 for the Southeastern Regional Agricultural and Exhibition Center in Corbin; provide $100,000 in General Fund moneys in each fiscal year for the Richmond Arts Center; provide $150,000 in General Fund moneys in fiscal year 2004-2005 for the Hopkins County Exposition Center; provide $2.0 million in Bond Funds in fiscal year 2004-2005 for the Knox Partners Community Education Center; provide an additional $500,000 in General Fund moneys in fiscal year 2004-2005 for the Union County Library Expansion;
Feb 2-introduced in House
Feb 3-to Appropriations and Revenue (H)
Feb 11-posting waived
Feb 14-reported favorably, 1st reading, to Calendar
Feb 15-2nd reading, to Rules; recommitted to Appropriations and Revenue (H)
Feb 17-reported favorably, to Rules with Committee Substitute; posted for passage in the Regular Orders of the Day for Friday, February 18, 2005
Feb 18-floor amendments (1) (2) (4) (6) (7) (9) (10) (13) (14) (15) (16) (17) and (18) filed to Committee Substitute, floor amendments (3) (5) (8) (11) and (12) filed; floor amendment (9) withdrawn; 3rd reading, passed 100-0 with Committee Substitute, floor amendment (18)
Feb 22-received in Senate; to Committee on Committees (S); taken from committee; laid on clerk's desk; taken from clerk's desk; 1st reading; returned to Committee on Committees (S); to Appropriations and Revenue (S)
Feb 24-taken from committee; laid on clerk's desk; taken from clerk's desk; 2nd reading; returned to Appropriations and Revenue (S)
Feb 28-reported favorably, to Rules with Committee Substitute, committee amendments (1) (2) (3) (4) and (5); posted for passage in the Regular Orders of the Day for Monday, February 28, 2005; recommitted to Appropriations and Revenue (S); reported favorably, to Rules with committee amendment (6); posted for passage in the Regular Orders of the Day for Monday, February 28, 2005; 3rd reading, passed 37-0 with Committee Substitute, committee amendments (1) (2) (3) (4) (5) and (6)
Mar 1-received in House; to Rules (H); taken from committee; posted for passage for concurrence in Senate Committee Substitute, committee amendments (1) (2) (3) (4) (5) and (6); House refused to concur in Senate Committee Substitute, committee amendments (1) (2) (3) (4) (5) and (6); received in Senate; posted for passage for receding from Senate Committee Substitute, committee amendments (1) (2) (3) (4) (5) and (6); Senate refused to recede from Committee Substitute, committee amendments (1) (2) (3) (4) (5) and (6); Conference Committee and Free Conference Committee appointed in House and Senate
Mar 2-Conference Committee report filed in House; Conference Committee report adopted in House; Bill sent to Free Conference
Mar 3-Conference Committee report filed in Senate; Conference Committee report adopted in Senate; Bill sent to Free Conference
Mar 8-Free Conference Committee report filed in House and Senate; Free Conference Committee report adopted in Senate; bill passed 34-2; received in House; Free Conference Committee report adopted in House; bill passed 99-0; enrolled, signed by each presiding officer; delivered to Governor
Mar 19- Thirteen (13) line items vetoed
Mar 21-vetoes sustained
Mar 22-non-vetoed provisions signed by Governor; bill delivered to Secretary of State (Acts ch. 173)
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