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48.630
Allotment of unbudgeted appropriation -- Legislative committee
review -- Use of unanticipated restricted or federal funds -- Exemptions.
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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.
Except as otherwise provided in this section, any request for allotment of
unbudgeted appropriations from any fund source shall be made in writing by
the head of the budget unit and transmitted simultaneously to the state budget
director and the Interim Joint Committee on Appropriations and Revenue.
The state budget director may recommend a proposed revision to a specified
appropriation in any branch budget bill to the Interim Joint Committee on
Appropriations and Revenue by the seventh day of each month.
If the Interim Joint Committee on Appropriations and Revenue fails to review
and act upon the proposed revision by the last day of the month, the proposed
revision shall be deemed to have been reviewed and favorably acted upon.
The Interim Joint Committee on Appropriations and Revenue shall review the
proposed expenditure of the unbudgeted appropriation for conformance with
the purposes of the proposed appropriation and the enacted branch budget bill
and any other relevant statute, by the last day of each month.
If the Interim Joint Committee on Appropriations and Revenue disapproves of
the proposed revision of the enacted appropriation, the budget adjustment shall
be invalid unless it is:
(a) Revised to comply with the objections of the committee; or
(b) The committee is informed, in writing, in detail, within thirty (30) days of
the committee's disapproval, that a determination has been made not to
comply with the objections of the committee.
If an emergency unbudgeted appropriation revision is required due to a
declared natural disaster, calamity, or impending deficit in an enacted
appropriation as certified by the Governor, the state budget director may effect
an emergency revised appropriation, with the approval of the secretary of the
Finance and Administration Cabinet, and with concurrent notification to the
Interim Joint Committee on Appropriations and Revenue of the action and its
justification.
If a budget unit not listed in any enacted branch budget bill receives
unanticipated restricted funds or federal funds, the secretary of the Finance
and Administration Cabinet, upon written request from the agency head with
appropriate documentation of the amount, source, purpose, necessity, and use
of the moneys, may authorize the credit and expenditure of these funds for
statutory purposes, upon recommendation of the state budget director and
review and action by the Interim Joint Committee on Appropriations and
Revenue pursuant to the conditions and procedures prescribed by this section.
The secretary shall cause to be established a separate discrete restricted
funds or federal funds account, as appropriate, for the receipt and
disbursement of these funds and shall establish the maximum sum which may
be credited and expended from the authorized account.
Institutions of higher education shall be exempt from all conditions and
procedures in this section with respect to the authority of the state budget
director and the secretary of the Finance and Administration Cabinet to review
and approve unbudgeted restricted funds or federal funds or revisions to
appropriations in excess of any enacted branch budget bill; however, in the
event of a revision, an institution of higher education shall report unbudgeted
restricted funds and federal funds to the state budget director and the Interim
Joint Committee on Appropriations and Revenue.
(10) Unbudgeted appropriations for expenditure in the judicial branch budget and
the legislative branch budget shall be exempt from all conditions and
procedures in this section, except that each branch head, or its designee, shall
report unbudgeted restricted funds and federal funds to the Interim Joint
Committee on Appropriations and Revenue and transmit an informational copy
to the state budget director.
(11) The Legislative Research Commission shall maintain records of the findings of
the Interim Joint Committee on Appropriations and Revenue and the
determinations and reports of actions by the state budget director and transmit
these records to the General Assembly when next convened.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 73, sec. 14, effective June 8, 2011. -- Created
1994 Ky. Acts ch. 387, sec. 6, effective July 15, 1994.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. III, 3 at 739.
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