2013 Kentucky Revised Statutes CHAPTER 45 - BUDGET AND FINANCIAL ADMINISTRATION 45.800 Prerequisites to transfer of money from contingency account or other sources.
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45.800 Prerequisites to transfer of money from contingency account or other
sources.
(1)
(2)
(3)
(4)
(5)
Except as otherwise provided in KRS 45.770(2)(b), prior to transferring funds
from any source to the allotment account of a capital construction project or
major item of equipment, the relevant entity head, or his designee, shall
present to the Capital Projects and Bond Oversight Committee, at least
fourteen (14) days prior to the committee meeting, for its review, specification
of the amount of the proposed transfer, documentation of the necessity for the
transfer, and, with respect to capital construction projects, documentation of:
(a) The amount already expended on the project prior to and during the
current biennium; and
(b) Any alterations made or planned in the project since its consideration by
the General Assembly during the most recent even-numbered-year
regular session.
Within thirty (30) days after submission to the committee of a proposed capital
construction and equipment purchase contingency account transfer, the
committee shall determine whether the amount of the proposed transfer is
reasonable and consistent with KRS 45.770, whether the proposed transfer is
necessary, and whether any alterations made or planned in a project materially
change the project as considered and authorized by the General Assembly. If
the committee does not approve a proposed transfer or other proposed action,
the committee, unless the Legislative Research Commission directs otherwise,
shall promptly transmit its findings and determination to the head of the entity
that presented the proposal.
If the committee does not approve a proposed transfer or other proposed
action, the transfer shall not be made nor the action taken unless the relevant
entity head, or his designee, shall:
(a) Revise the transfer or action to comply with the objections of the
committee;
(b) Cancel the transfer or action; or
(c) Determine to make the transfer or take the action not approved by the
committee.
The decision made by the relevant entity head, or his designee, under the
preceding subsection shall be communicated to the committee in writing within
thirty (30) days of the committee's not approving the proposed transfer or other
proposed action.
The committee, unless the Legislative Research Commission directs
otherwise, shall maintain records of its findings and determinations and the
relevant entity head's, or his designee's, report of his action on each proposed
transfer from the capital construction and equipment purchase contingency
account. If the committee determines that the amount of a proposed transfer is
not reasonable or is not consistent with KRS 45.770, or that the transfer is not
necessary, or if the committee finds that any alteration in a project materially
changes the project as considered and approved by the General Assembly, the
committee's determination and the action of the secretary of the Finance and
Administration Cabinet, or other appropriate entity head, on the transfer shall
(6)
(7)
be transmitted to the appropriate interim joint committees of the Legislative
Research Commission and to the General Assembly when next convened.
The committee, unless the Legislative Research Commission directs
otherwise, shall maintain reports of purchases made under KRS 45.760(5),
reports of transfers made under KRS 45.760 to this section, reports of transfers
made from the emergency repair, maintenance, and replacement account, and
a record of any committee finding or recommendation relating to such
purchases and transfers.
The committee shall monitor the costs of state capital construction projects in
comparison with the costs of construction for the private sector to determine
whether the costs are comparable and, if not comparable, the reasons for any
difference. The committee shall consider contractors' charges to the state, land
acquisition costs, costs and availability of materials, cost and availability of
labor, and laws, regulations, and purchasing procedures pertaining to state
capital construction projects that are not applicable to construction for the
private sector. The committee's findings and recommendations shall be
transmitted to the appropriate interim joint committee of the Legislative
Research Commission and to the General Assembly when convened.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 78, sec. 33, effective June 25, 2009. -Amended 2001 Ky. Acts ch. 58, sec. 22, effective June 21, 2001. -- Amended
1992 Ky. Acts ch. 47, sec. 6, effective July 14, 1992. -- Amended 1982 Ky. Acts
ch. 300, sec. 10, effective July 15, 1982. -- Created 1979 (1st Extra. Sess.) Ky.
Acts ch. 4, sec. 6, effective July 1, 1980.
Legislative Research Commission Note (7/2/97). 1990 Ky. Acts ch. 30, sec. 3
renumbered the former subsection (10) of KRS 45.760 as subsection (12), but
that Act failed to include a conforming amendment to change the reference to
that subsection in subsection (6) of this statute. Under KRS 7.136(1)(e), that
change has now been made.
2012-2014 Budget Reference. See State/Executive Branch Budget, 2012 Ky. Acts
ch. 144, Pt. I, K, 1, (4) at 1134.
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