48.630 Allotment of unbudgeted appropriation -- Legislative committee review -- Use of unanticipated restricted or federal funds -- Exemptions. - Kentucky Statutes

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48.630 Allotment of unbudgeted appropriation -- Legislative committee review -- 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 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. (3) 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. (4) 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. (5) 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, the
statutory budget memorandum, and any other relevant statute, by the last day of
each month. (6) 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. (7) 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. (8) 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. (9) 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: July 15, 1994
History: Created 1994 Ky. Acts ch. 387, sec. 6, effective July 15, 1994.