KRS 157.623: Funding urgent and critical construction needs -- Proceeds of litigation or

insurance to be used for reimbursement.

(1) Notwithstanding KRS 157.620 and any provision included in an enacted executive

branch budget, urgent and critical constructio n needs shall be determined by the

Department of Education. The department shall provide a funding allocation to a

school district for a school that has been closed to the public because it is

structurally unsound as determined by a certified engineer, or is otherwise

uninhabitable as determined by the commissioner of education, and has a bond that

has not been retired. The commissioner of education shall determine if a school

qualifying under this subsection shall receive an allocation and shall determine

which of the following options is in the best interest of the Commonwealth:

(a) To allot funding to the school district to retire the unpaid debt on the

structurally unsound or uninhabitable building; or

(b) To provide the semi-annual debt service payments on the current issue.

(2) If funds are not available for the purpose set out in subsection (1) of this section, the

costs shall be deemed a necessary government expense and shall be paid from the

general fund surplus account under KRS 48.700 or the budget reserve trust fund

under KRS 48.705.

(3) If a school district receives an allotment under subsection (1) of this section and

subsequently, as the result of litigation or insurance, receives funds for the original

facility, the school district shall reimbu rse the Commonwealth an amount equal to

that received pursuant to subsection (1) of this section. If the litigation or insurance

receipts are less than the amount received pursuant to subsection (1) of this section,

the district shall reimburse the Commonw ealth an amount equal to that received as

a result of litigation or insurance less the district's costs and legal fees in securing

the judgment or payment. Any funds received in this manner shall be deposited in

the budget reserve trust fund account established in KRS 48.705.