KRS § 48.630 — KY Code / Title VI / Chapter 48 / Section 48.630
48.630 Allotment of unbudgeted appropriation -- Legislative committee review -- Use of unanticipated restricted or federal funds -- Exemptions
Status: in_force

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 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.