97SS HB4

HB4

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HB 4 (BR 23) - J. Richards, Ro. Adams, J. Barrows, M. Brown, J. Callahan, J. Clarke, L. Clark, J. Coleman, F. Curd, J. Haydon, J. Lee, M. Marzian, R. Murgatroyd, D. Newsome, S. Nunn, F. Rasche, J. Stacy, G. Stumbo, M. Weaver

     AN ACT relating to appropriations providing financing for postsecondary education, juvenile justice, and the capital construction and technology trust fund plan, and declaring an emergency.
     Amend 1996 Kentucky Acts Chapter 380, Part I, Operating Budget, Section F., Higher Education, to create the Council on Postsecondary Education budget unit for 1997-98, and transfer the 1997-98 Council on Higher Education appropriation; provide an additional $15,000,000 in general fund appropriation for 1997-98 for the Strategic Investment and Incentive Funding Program: provide an additional $647,900 in general fund appropriation for 1997-98 for administration, operations, and staffing of the Council on Postsecondary Education, including regional advisory boards; provide an additional $3,061,100 in general fund appropriation for 1997-98 for Eastern Kentucky University; provide an additional $125,800 in general fund appropriation for 1997-98 for Kentucky State University; provide an additional $1,326,400 in general fund appropriation for 1997-98 for Morehead State University; provide an additional $224,900 in general fund appropriation for 1997-98 for Murray State University; provide an additional $929,700 in general fund appropriation for 1997-98 for Northern Kentucky University; provide an additional $1,480,000 in general fund appropriation for 1997-98 for the University of Kentucky; provide that for 1997-98, the University of Kentucky Community College System maintains the locations and funding levels for course delivery as well as instructional support that were provided for instruction locations in 1996-97 for extended-campus centers and instructional sites approved by the Council on Higher Education; provide that any University of Kentucky or University of Kentucky Community College System lease or lease-purchase agreement in existence on or after July 1, 1996, for space to support the operations of any University of Kentucky College System extended-campus center or instructional site, shall not be canceled unless approved by the Council on Postsecondary Education; provide that funding for Lees College Campus be continued from proceeds of the E.O. Robinson Trust; create a Kentucky Community and Technical College System budget unit and provide a general fund appropriation of $11,768,700 in 1997-98 to address the equity funding objective for the community colleges and for administrative costs, and to include $912,000 in support of the University of Kentucky College of Engineering extended campus programs at the Regional Center in Paducah; provide that the University of Kentucky College of Engineering extended campus programs at the Regional Center in Paducah shall have the same Accrediting Board of Engineering and Technology accreditation status as the University of Kentucky main campus College of Engineering programs; provide that the appropriation shall be allotted as provided in Section 4 of this Act; provide an additional $2,719,200 in general fund appropriation for 1997-98 for the University of Louisville; provide an additional $761,300 in general fund appropriation for 1997-98 for Western Kentucky University; amend 1996 Kentucky Acts Chapter 380, General Fund Capital Construction and Technology Trust Fund to authorize $103,386,000 in bond funds be substituted for previously cash-authorized capital construction projects, and appropriate $10,112,00 in general fund debt service in 1997-98; provide that the State Property and Building Commission shall issue the bonds; provide that moneys available from the substitution of funding source be credited by the Secretary of the Finance and Administration Cabinet to the General Fund Surplus Account; create a new Part XII of 1996 Kentucky Acts Chapter 380 to appropriate $4,000,000 in 1997-98 to the Department of Juvenile Justice for the purpose of complying with the consent decree; provide that the requirement that the Department of Juvenile Justice shall pay for confinement of persons pursuant to KRS 635.060(4) and (5) shall not apply to juveniles confined on or before June 30, 1998; create a new section to provide that until employment of the first President of the Council on Postsecondary Education that all appropriations for 1997-98 related to postsecondary education shall be administered by the State Budget Director, for the purpose of providing policy direction, and that all such policy directions and decisions related to the appropriations be communicated to the Legislative Research Commission and the Interim Joint Committee on Appropriations and Revenue; create a new section to provide that reference made to the Council on Higher Education throughout 1996 Acts Chapter 380 (HB 379) be deemed to be to the Council on Postsecondary Education unless the context requires otherwise; create a new section for the purpose of conforming the funding source references throughout 1996 Acts Chapter 380 (HB 379), by providing that any reference to itemized capital project enumerated in Part X, Section 6, for which the funding source is the General Fund Surplus Account shall be deemed to be financed by Bond Funds; create a new section to provide that the provisions of this Act shall prevail over any conflicting provisions of 1996 Kentucky Acts Chapter 382 (HJR 50); and declare an emergency.

HB 4 - AMENDMENTS


     HCA (1, J. Lee) - Specify the process for the allottment and expenditure of the fiscal year 1997-98 general fund appropriation to the Kentucky Community and Technical College System; require each individual community college to submit a needs assessment and proposed budget plan to be considered by the KCTCS Board of Regents when making funding decisions in fiscal year 1997-98; express intent of General Assembly for funding priorities; and specify the process for a needs assessment of the Technical Institutions' Branch.
     HFA (1, C. Siler) - Increase general fund appropriation for Council on Postsecondary Education by $2,000,000 for fiscal year 1997-1998 for the adult education and literacy initiative fund; provide that the literacy initiative fund is to award incentive grants to qualified providers; provide that the criteria and the selection process for the grants is to be developed by the Department for Adult Education with the advice of the State Advisory Council for Adult Education and Literacy; provide that the State Board for Adult and Technical Education shall approve the grants based on the recommendation of the Department for Adult Education and Literacy.
     HFA (2, C. Siler) - Provide a $2 million appropriation in 1997-98 to the adult education and literacy initiative fund.
     HFA (3, H. Moberly) - Amend HB4, HCA(1), to clarify that the allotments made to the community colleges by the board of regents be made in an equitable manner and that the board of regents determine the criteria for equitable distribution.
     HFA (4, R. Damron) - Reduce by 50% the additional general fund appropriation made to the University of Kentucky, the University of Louisville, and the regional universities for a total of $5.3 in reductions; appropriate $5.3 to the Student Financial Aid and Advancement Trust Fund.
     HFA (5, S. Cave) - Provide an additional General Fund appropriation of $75,000 to the University of Kentucky for promotion of research development clients and for promotion of development of Coldstream Farm; provide an additional General Fund appropriation of $25,000 to the University of Louisville for promotion of research development clients; and adjust the Total for the Postsecondary Education function.
     HFA (6, R. Damron) - Require submission of a budget plan for administrative costs of the Kentucky Community and Technical College System to the Interim Joint Committee on Appropriations and Revenue and to the Interim Committee on Education prior to any expenditure; and require report identifying actual expenditures and purposes.
     HFA (7, R. Palumbo) - Provide $500,000 in 1996-97 for the University of Kentucky to purchase the Calumet Farm Trophy Collection.
     HFA (8/Title, H. Moberly) - Make title amendment.
     SFA (1, G. Williams) - Amend 1996 Kentucky Acts Chapter 380, Part I, Operating Budget, Section F., Higher Education, to create the Council on Postsecondary Education budget unit for 1997-98, and transfer the 1997-98 Council on Higher Education appropriation; provide an additional $647,900 in general fund appropriation for 1997-98 for administration, operations, and staffing of the Council on Postsecondary Education and administrative costs of the Kentucky Community and Technical College System; provide an additional $912,000 in general fund support of the University of Kentucky College of Engineering extended campus programs at the Regional Center in Paducah; provide that the University of Kentucky College of Engineering extended campus programs at the Regional Center in Paducah shall have the same Accrediting Board of Engineering and Technology accreditation status as the University of Kentucky main campus College of Engineering programs; provide to the Kentucky Higher Education Assistance Authority an additional $1,700,000 in general fund appropriation for 1997-98 for the College Access Program and an additional $1,000,000 in general fund appropriation for 1997-98 for the Kentucky Tuition Grant Program; provide an additional $3,061,100 in general fund appropriation for 1997-98 for Eastern Kentucky University and establish an allotment process; provide an additional $125,800 in general fund appropriation for 1997-98 for Kentucky State University and establish an allotment process; provide an additional $1,326,400 in general fund appropriation for 1997-98 for Morehead State University and establish an allotment process; provide an additional $224,900 in general fund appropriation for 1997-98 for Murray State University and establish an allotment process; provide an additional $929,700 in general fund appropriation for 1997-98 for Northern Kentucky University and establish an allotment process; provide an additional $1,480,000 in general fund appropriation for 1997-98 for the University of Kentucky and establish an allotment process; provide an additional $800,000 in general fund appropriation for 1997-98 for pilots projects for early intervention reading improvement programs; provide a general fund appropriation of $10,856,700 in 1997-98 to the University of Kentucky Community College System and establish a needs assessment and allotment process, express the General Assembly's intent for high priority consideration of community college faculty and staff salaries including increasing the average salaries at least 5%; require the University of Kentucky Community College System to maintain the locations and funding levels for course delivery as well as instructional support that were provided for instruction locations in 1997-98 for extended-campus centers and instructional sites approved by the Council on Higher Education; provide that any University of Kentucky or University of Kentucky Community College System lease or lease-purchase agreement in existence on or after July 1, 1996, for space to support the operations of any University of Kentucky College System extended-campus center or instructional site, shall not be canceled unless approved by the Council on Postsecondary Education; provide that funding for Lees College Campus be continued from proceeds of the E.O. Robinson Trust; provide an additional $719,200 in general fund appropriation for 1997-98 for the University of Louisville and establish an allotment process, and provide $2,000,000 in general fund appropriation for 1997-98 for research and development; provide an additional $761,300 in general fund appropriation for 1997-98 for Western Kentucky University and establish an allotment process; amend 1996 Kentucky Acts Chapter 380, General Fund Capital Construction and Technology Trust Fund, to deauthorize the general fund appropriation of $4,300,000 for the Northern Kentucky Secure Juvenile Center and the general fund appropriation of $4,300,000 for the Western Kentucky Secure Juvenile Center and to provide $600,000 in general fund appropriation to the Northern Kentucky and Western Kentucky Secure Juvenile Detention Centers; create Supplemental Technology Trust Plan Funding and make the following general fund appropriations: Empower Kentucky Library Technology Access Project ($800,000), Empower Kentucky Transportation Vehicle Titling and Registration Project ($6,000,000), Empower Kentucky Simplified Regulatory Systems, Inspections and Electronic Permitting Process Project ($8,000,000); create a new Part XII of 1996 Kentucky Acts Chapter 380 to appropriate $4,000,000 in 1997-98 to the Department of Juvenile Justice for the purpose of complying with the consent decree; provide $2,300,000 in general fund appropriation in 1997-98 for the confinement of persons pursuant to KRS 635.060(4) and (5); direct that action be taken to contract with private providers to secure a minimum of 96 additional treatment beds; set criteria for preadjudication and postadjudication beds; require the Justice Cabinet to promulgate regulations; create a new Part XIII of 1996 Kentucky Acts Chapter 380 to direct actions to increase fiscal capacity; in fiscal year 1996-97, direct the transfer of $62,500,000 from Empower Kentucky Expendable Trust Fund Account to the general fund; in fiscal year 1996-97, direct the transfer of $8,000,000 from the capital construction accounts of the Northern Kentucky Secure Juvenile Detention Center project and the Western Kentucky Secure Juvenile Detention Center project; suspend the transfer of $19,000,000 coal severance tax credit of KRS 342.122 to the Benefit Reserve Fund and credit the moneys to the general fund; amend 1996 Kentucky Acts Chapter 380 to provide an additional $7,500,000 in general fund appropriations for equipment procurement for postsecondary and secondary programs in the Kentucky Tech System; provide an additional $1,500,000 in general fund appropriations for equipment procurement for locally-operated area technology centers; provide an additional $2,000,000 for the Adult Education and Literacy programs; create a new section to provide that until employment of the first President of the Council on Postsecondary Education that all appropriations for 1997-98 related to the council on postsecondary education shall be administered by the State Budget Director, for the purpose of providing policy direction, and that all such policy directions and decisions related to the appropriations be communicated to the Legislative Research Commission and the Interim Joint Committee on Appropriations and Revenue; create a new section to provide that reference made to the Council on Higher Education throughout 1996 Acts Chapter 380 (HB 379) be deemed to be to the Council on Postsecondary Education, unless the context requires otherwise; create a new section to provide that the provisions of this Act shall prevail over any conflicting provisions of 1996 Kentucky Acts Chapter 382 (HJR 50); declare an emergency.
     SFA (2/Title, G. Williams) - Make title amendment.
     SFA (3, G. Williams) - Retain the original provisions except delete $3 million from the Strategic Investment and Incentive Fund Program for the Postsecondary Workforce Development Trust Fund; provide that the general fund appropriation for the Kentucky Higher Education Assistance Authority is increased in fiscal year 1997-1998 by $1,700,000 for the College Access Program; provide that the general fund appropriation for the Kentucky Higher Education Assistance Authority is increased in fiscal year 1997-1998 by $1,000,000 for the Kentucky Tuition Grant Program; provide for cash funding of the Part X projects; provide $800,000 for the Empower Kentucky Library Technology Access Project; provide $4 million for the Empower Kentucky Transportation Vehicle Titling and Registration Project; provide $6 million for the Empower Kentucky Simplified Regulatory Systems, Inspection and Electronic Permitting Process Project; appropriate an additional $2.3 million for county juvenile confinements; provide for the transfer of $62,500,000 of money received for the Empower Kentucky Expendable Trust Fund Account for the Simplified Administrative Services Project to the General Fund; suspend the transfer of coal severance tax moneys to the Benefit Reserve Fund for 6 months; provide an additional $4 million appropriation for equipment procurement for postsecondary and secondary programs for the Kentucky Tech System; provide an additional $1 million for equipment procurement for locally-operated area technology centers.
     SFA (4, G. Williams) - Retain the original provisions except delete $3 million from the Strategic Investment and Incentive Fund Program for the Postsecondary Workforce Development Trust Fund; provide for cash funding of the Part X projects; provide $800,000 for the Empower Kentucky Library Technology Access Project; provide an additional $3 million appropriation for equipment procurement for postsecondary and secondary programs for the Kentucky Tech System.

     May 20-introduced in House; to Appropriations and Revenue (H); reported favorably, 1st reading, to Calendar
     May 21-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for May 22, 1997; recommitted to Appropriations and Revenue (H); posting waived
     May 22-floor amendment (1) filed; reported favorably, to Rules; recommitted to Appropriations and Revenue (H)
     May 23-reported favorably, to Rules with committee amendment (1); posted for passage in the Regular Orders of the Day for May 27, 1997; floor amendment (1) withdrawn; floor amendment (3) filed to committee amendment (1); floor amendments (2) (4) (5) (6) (7) and (8-title) filed
     May 27-3rd reading; floor amendment (4) defeated; floor amendments (5) and (7) ruled not germane; passed 83-16 with committee amendment (1) and floor amendments (2) (3) (6) and (8-title); received in Senate; to Appropriations and Revenue (S); reported favorably, 1st reading, to Calendar
     May 28-2nd reading, to Rules; recommitted to Appropriations and Revenue (S); floor amendments (1) and (2-title) filed
     May 30-floor amendments (3) and (4) filed; reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Friday, May 30, 1997; 3rd reading; floor amendments (1) (2-title) and (3) withdrawn; floor amendment (4) defeated; passed 32-4; received in House; enrolled, signed by each presiding officer, delivered to Governor; signed by Governor


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