Title VI, Financial Administration

constitutional officers through judgment or settlement -- Applicability of Open Records and Open Meetings Laws -- Administration and disbursement of trust funds or assets by Office of the Controller -- Exceptions -- Costs of litigation -- Limitation regarding constitutional chall…

As used in this chapter, unless the context requires otherwise: (1) "Account" is a technical accounting term meaning a formal record in which related transactions and events, (i.e., expenditures, receipts, encumbrances, and inter- account charges or credits) which occur during a …

Each branch of government shall have in continuous process of preparation and revision, in the light of its direct studies of the operations, plans and needs of its budget units and of the existing and prospective sources of income, a branch budget recommendation for the next two…

for or against public question on ballot -- Penalties -- Exemptions. (1) As used in this section: (a) "Local" means and includes any city, county, urban-county government, consolidated local government, unified local government, charter county government, school district, or spec…

constitutionality -- Limited exceptions -- Attorney General sole named respondent in challenge to this section. (1) Notwithstanding any statute, administrative regulation, or common law to the contrary, and except as provided in this subsection, appropriations from the general fu…

judicial branch. (1) Each branch of government, during the preparation of its budget recommendation and before its submission to the General Assembly, shall examine its statements and estimates and shall make or cause to be made such further investigations with such hearings as d…

Executive branch assistance in preparation of budgets. (1) On or before April 1 of each odd-numbered year, representatives designated by the Governor, the Chief Justice, and the Legislative Research Commission for their respective branches shall propose drafts of uniform forms to…

On or before October 1 of each odd-numbered year, the head of each budget unit shall submit its budget unit request to: (1) The Office of State Budget Director, in the case of the executive branch; (2) The Chief Justice, in the case of the judicial branch; (3) The director of the…

(1) The Governor-elect shall receive all budget unit requests and supporting documentation for the executive branch no later than November 10, of the year of his election. He and those persons named by him shall be entitled to participate in the budget making process for the exec…

(1) A branch budget recommendation shall be submitted to the General Assembly by the Governor for the executive branch, the Chief Justice for the judicial branch, and the Legislative Research Commission for the legislative branch. The budget recommendations shall be submitted to …

Each branch budget recommendation shall contain a complete financial plan for the branch of government for each of the next two (2) fiscal years. Each branch budget recommendation and all supporting documentation shall be submitted in a form and format cooperatively developed by …

program for rental of space costing more than $200,000 annually -- Restriction on certain leases -- Exception. (1) The Governor shall include in the executive branch budget recommendation and in the draft branch budget bill for the executive branch submitted to each even- numbere…

KRS 48.120 to be developed by consensus forecasting group -- Revision of official revenue estimates -- Threshold for implementation of enacted budget reduction plan. (1) The revenue estimates for the general fund and the road fund required by KRS 48.120 shall be based on a consen…

Budget Director -- Appropriations to be based on official revenue estimates. (1) By September 30 of each odd-numbered year, the Office of State Budget Director, in conjunction with the consensus forecasting group, shall provide to each branch of government preliminary revenue est…

included in each enacted branch budget bill -- Shortfalls over five percent require legislative action. (1) The General Assembly shall include in each enacted branch budget bill a budget reduction plan for a revenue shortfall in the general fund or road fund of five percent (5%) …

-- Surplus in excess of two and one-half percent to accrue to surplus account. (1) The General Assembly shall include in each enacted branch budget bill a plan for the expenditure of a general fund or road fund surplus. (2) If there is a surplus, the Office of State Budget Direct…

(1) As used in this section, "unexpected emergencies and contingencies" includes but is not limited to natural or man-made disasters, civil disorders, court orders requiring or resulting in the expenditure of state funds, or other related causes. (2) Any appropriations made in an…

Each branch, by budget unit, shall submit in its budget recommendation a request for funds reasonably necessary to match anticipated federal funds which may become available during the biennium. The amount of anticipated federal funds shall also be specified. These matching funds…

specified dollar amounts. In the submission of a branch budget recommendation to the General Assembly no branch of government shall submit any item as a "necessary government expense" or submit any item without a dollar amount affixed thereto, unless the entire proceeds of a part…

In addition to the requirements set forth in this chapter, the standing committees of each house or interim joint committees of the Legislative Research Commission, as appropriate, may require additional information and shall prescribe the form in which such additional informatio…

request. In addition to the information required by KRS 48.110, the Governor shall submit the following information as a separate part of the branch budget request for the executive branch of government: (1) Summary statements of the financial condition of the state, which shall …

(1) The provisions of any other law notwithstanding, the Governor shall include in the budget recommendation for the executive branch and in the draft branch budget bill for the executive branch submitted to each even-numbered-year regular session of the General Assembly for the …

Notwithstanding any other provision of law, if the report of the actuary submitted in an odd-numbered year pursuant to KRS 164A.704(7)(b) reflects that there will be a real liability expected to accrue during the upcoming biennium that cannot be met with existing resources of the…

submitted as part of the judicial branch budget recommendation -- Treatment of salaries in judicial branch budget bill. (1) The General Assembly shall set the salaries of the justices and judges of the Court of Justice in the judicial branch budget bill. The Chief Justice shall i…

members and clerks. Each branch of government shall have its budget recommendations printed in such number of copies thereof as to insure that each member of the General Assembly and the clerks of the House of Representatives and the Senate have individual copies.

government. From the time of the submission of the budget recommendation of each branch of government to the General Assembly until the enactment of all branch budget bills, representatives of each branch of government shall be at the disposal of the General Assembly and its appr…

Transportation Cabinet -- Enactment of biennial highway construction plan. (1) The financial plan for each fiscal year shall be adopted, with any modifications made by the General Assembly, by the passage of a branch budget bill for each branch of government, and any revenue and …

(1) No provision of a branch budget bill shall be effective beyond the second fiscal year from the date of its enactment. A budget bill enacted at a special session or in an odd-numbered-year regular session of the General Assembly shall not be effective past July 1 of the year i…

Any branch budget bill enacted by the General Assembly shall be enacted so that each section, each subsection, and each appropriation sum by specified fund or funds accounts shall be a separate and specific appropriation and law. If any section, any subsection, or any provision i…

Any appropriation in any branch budget bill and any other enactment by the General Assembly which contains an appropriation provision for the same purpose and in the same amount shall be construed as duplicate sums, and no additional moneys shall be provided for the duplicate app…

Correction of erroneous totals and subtotals. Totals and subtotals given within any branch budget bill and any appropriation provision in any other enactment are provided as a convenience and shall not constitute appropriations of funds. If a total or subtotal conflicts with the …

(1) The General Assembly may provide in a budget bill for the transfer to the general fund for the purpose of the general fund all or part of the agency funds, special funds, or other funds established under the provisions of KRS 15.430; 21.347; 21.540; 21.560; 42.500; 47.010; 48…

conflict with provisions of budget bill. To the extent that the provisions of a budget bill are in conflict with any provisions of KRS Chapters 12, 42, 56, 152, 177, or 341, the provisions of those chapters are hereby suspended or modified. Such suspension or modification shall n…

Commonwealth -- Quarterly reports -- Notification of actual or anticipated surplus or decrease in tax receipts. (1) The Office of State Budget Director shall continuously monitor the financial situation of the Commonwealth. Based upon reports from budget units and its own estimat…

(1) Subject to the provisions of this section, when the General Assembly is not in session, all questions that arise as to the meaning of items in a branch budget bill shall be decided by the Finance and Administration Cabinet for the executive branch budget bill and the Transpor…

actual or official revenue estimate shortfall of five percent or less. (1) If an official revenue estimate is issued reflecting a revenue shortfall in the general fund or road fund of five percent (5%) or less, or if there is an actual revenue shortfall at the close of a fiscal y…

(1) Allotments within appropriations for the activities and purposes contained in an enacted branch budget bill may be revised as follows: (a) For the executive branch, upon authorization of the state budget director at the request of the head of a budget unit; (b) For the judici…

By June 1 of the preceding fiscal year, each branch of government shall submit to the Finance and Administration Cabinet a schedule of quarterly allotments of appropriations for each budget unit of the branch for the next fiscal year. Allotments shall conform with the appropriati…

(1) Allotments shall be made as provided by the allotment schedule, and may be revised upon the written certification of the Governor, the Chief Justice, and the Legislative Research Commission for their respective branches of government. No revisions of the allotment schedule ma…

Use of unanticipated restricted or federal funds -- Exemptions. (1) An unbudgeted appropriation shall not be allotted without prior review and action by the Interim Joint Committee on Appropriations and Revenue as provided for in this section. (2) Except as otherwise provided in …

There is hereby created in the general fund of the State Treasury a surplus fund account subject to the following terms and conditions: (1) It shall contain all surplus tax receipts accruing to the general fund as provided by KRS 48.140(3); (2) Except as provided in KRS 48.705, i…

(1) A budget reserve trust fund account is hereby created in the general fund, pursuant to KRS 45.305. The budget reserve trust fund account shall be funded through direct appropriations, and surplus amounts as provided in subsection (2) of this section. Moneys in the account sha…

There is hereby created in the road fund of the State Treasury a surplus fund account subject to the following terms and conditions: (1) It shall contain all surplus tax receipts accruing to the road fund as provided by KRS 48.140(3); (2) It shall contain all funds lapsed from mo…

(1) An emergency disaster relief account is hereby created in the road fund. (2) The account shall contain moneys directly appropriated by the General Assembly from the road fund. (3) Moneys in the emergency disaster relief account shall only be expended on projects specifically …

projects and excess amounts. In the event that any authorized capital construction or equipment purchase projects are canceled, or if conditions imposed by any branch budget bill are not met, any appropriated general or road fund debt service for those projects shall remain unall…

funds. No state agency entitled to federal funds which would represent one hundred percent (100%) of the cost of a program in which the state participates shall decline to accept or receive that entitlement without notification to the state budget director and the Interim Joint C…

program status reports. The Finance and Administration Cabinet shall prepare and submit to each branch of government: (1) Within ten (10) days after the close of each month copies of the accounts of the budget units of that branch of government with the appropriations and allotme…

Electronic database. Each cabinet, the Department for Local Government, the Department of Military Affairs, and the Commonwealth Office of Technology shall develop and submit a four (4) year strategic plan to meet the broad goals outlined by the Governor and shall submit an elect…

(1) In order to effectuate the constitutional power and duty of the General Assembly to raise and appropriate revenue and approve and adopt a balanced budget, and in order that members and committees of the General Assembly and the Legislative Research Commission may be informed …

germane to appropriations to be included -- Schedule for transmission of information -- Availability of data -- Reports. (1) The Legislative Research Commission, or its designee, shall prescribe standard electronic and print forms, records, data elements, guidelines, and instruct…