KRS 42.4592: Allocation of remaining moneys in local government economic

development fund.

(1) Moneys remaining in the local government economic development fund following

the transfer of moneys to the local government economic assistance fund provided

for in KRS 42.4585 shall be allocated as follows:

(a) Thirty-three and one -third percent (33 -1/3%) shall be allocated to each coal

producing county on the basis of the ratio of total coal severed in the current

and preceding four (4) years in each respective cou nty to the total coal

severed statewide in the current and four (4) preceding years;

(b) Thirty-three and one -third percent (33 -1/3%) shall be allocated quarterly to

each coal-producing county on the basis of the following factors, which shall

be computed for the current and four (4) preceding years, and which shall be

equally weighted:

1. Percentage of employment in mining in relation to total employment in

the respective county;

2. Percentage of earnings from mining in relation to total earnings in the

respective county; and

3. Surplus labor rate; and

(c) Thirty-three and one-third percent (33-1/3%) shall be reserved for expenditure

for industrial development projects benefiting two (2) or more coal -producing

counties. For purposes of this paragraph, "coal -producing county" shall mean

a county which has produced coal in the current or any one of the four (4)

preceding years.

(2) (a) For purposes of paragraph (b) of subsection (1) of this section, "percentage of

employment in mining" and "percentage of earni ngs from mining" shall be

provided by the Department of Workforce Development in the Education and

Labor Cabinet, and "surplus labor rate" shall be the rate published for the

latest available five (5) year period by the Department of Workforce

Development as provided in paragraph (b) of this subsection.

(b) 1. Each year the Department of Workforce Development shall estimate

surplus labor for each county and for the Commonwealth and shall

annually publish an estimate of the surplus labor rate for each county

and the Commonwealth.

2. The estimate of surplus labor for each county and for the

Commonwealth shall be made using the best practical method available

at the time the estimates are made. In determining the method to be

adopted, the Department of Workforce Development may consult with

knowledgeable individuals, including but not limited to the Office of the

United States Bureau of Labor Statistics, state and national researchers,

state and local officials, and staff of the Legislative Research

Commission. The description of the method used to estimate surplus

labor shall be reported in each annual publication provided for in

subparagraph 1. of this paragraph.

3. For purposes of this section, "surplus labor" means the total number of

residents who can be classified as unemployed or as discouraged

workers, and "su rplus labor rate" means the percentage of the potential

civilian labor force which is surplus labor.

(3) The funds allocated under the provisions of paragraphs (a) and (b) of subsection (1)

of this section shall retain their identity with respect to the co unty to which they are

attributable, and a separate accounting of available moneys within the fund shall be

maintained for the respective counties. Accounting for funds allocated under the

provisions of this section shall be by the Department for Local Government.