{"data":{"id":"us-ky/krs-45.800","jurisdiction":"us-ky","citation":"KRS 45.800","heading":"Prerequisites to transfer of money from contingency account or other","body":"sources.\n(1) Except as otherwise provided in KRS 45.770(2)(b), prior to transferring funds from\nany source to the allotment account of a capital construction project or major ite m\nof equipment, the relevant entity head, or his designee, shall present to the Capital\nProjects and Bond Oversight Committee, at least fourteen (14) days prior to the\ncommittee meeting, for its review, specification of the amount of the proposed\ntransfer, documentation of the necessity for the transfer, and, with respect to capital\nconstruction projects, documentation of:\n(a) The amount already expended on the project prior to and during the current\nbiennium; and\n(b) Any alterations made or planned in the project since its consideration by the\nGeneral Assembly during the most recent even -numbered-year regular\nsession.\n(2) Within thirty (30) days after submission to the committee of a proposed capital\nconstruction and equipment purchase contingency account t ransfer, the committee\nshall determine whether the amount of the proposed transfer is reasonable and\nconsistent with KRS 45.770, whether the proposed transfer is necessary, and\nwhether any alterations made or planned in a project materially change the proj ect\nas considered and authorized by the General Assembly. If the committee does not\napprove a proposed transfer or other proposed action, the committee, unless the\nLegislative Research Commission directs otherwise, shall promptly transmit its\nfindings and determination to the head of the entity that presented the proposal.\n(3) If the committee does not approve a proposed transfer or other proposed action, the\ntransfer shall not be made nor the action taken unless the relevant entity head, or his\ndesignee, shall:\n(a) Revise the transfer or action to comply with the objections of the committee;\n(b) Cancel the transfer or action; or\n(c) Determine to make the transfer or take the action not approved by the\ncommittee.\n(4) The decision made by the relevant entity head, or his designee, under the preceding\nsubsection shall be communicated to the committee in writing within thirty (30)\ndays of the committee's not approving the proposed transfer or other proposed\naction.\n(5) The committee, unless the Legislative Resea rch Commission directs otherwise,\nshall maintain records of its findings and determinations and the relevant entity\nhead's, or his designee's, report of his action on each proposed transfer from the\ncapital construction and equipment purchase contingency a ccount. If the committee\ndetermines that the amount of a proposed transfer is not reasonable or is not\nconsistent with KRS 45.770, or that the transfer is not necessary, or if the\ncommittee finds that any alteration in a project materially changes the proj ect as\nconsidered and approved by the General Assembly, the committee's determination\nand the action of the secretary of the Finance and Administration Cabinet, or other\nappropriate entity head, on the transfer shall be transmitted to the appropriate\ninterim joint committees of the Legislative Research Commission and to the\nGeneral Assembly when next convened.\n(6) The committee, unless the Legislative Research Commission directs otherwise,\nshall maintain reports of purchases made under KRS 45.760(5), reports of transfers\nmade under KRS 45.760 to this section, reports of transfers made from the\nemergency repair, main tenance, and replacement account, and a record of any\ncommittee finding or recommendation relating to such purchases and transfers.\n(7) The committee shall monitor the costs of state capital construction projects in\ncomparison with the costs of constructio n for the private sector to determine\nwhether the costs are comparable and, if not comparable, the reasons for any\ndifference. The committee shall consider contractors' charges to the state, land\nacquisition costs, costs and availability of materials, cost  and availability of labor,\nand laws, regulations, and purchasing procedures pertaining to state capital\nconstruction projects that are not applicable to construction for the private sector.\nThe committee's findings and recommendations shall be transmitted  to the\nappropriate interim joint committee of the Legislative Research Commission and to\nthe General Assembly when convened.","path":["KRS Chapter 45"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22314","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:06Z","sha256":"a3f9898a9a5c224457e9e060d848ccae2416f32c757c5b61a5bfb6580c1d5472","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45.795","next":"us-ky/krs-45.810"},"notice":"GroundRules: Original legal text. Not legal advice."}