Kentucky Statutes 212.120 – Notice of establishment given Cabinet for Health and Family Services — Allocation of state funds to districts — Equalization of allotments — Modification and cancellation of allotments — Appropriations not to lapse
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(1) Upon the creation of a county health department, the fiscal court of the county shall at once notify the Cabinet for Health and Family Services of the action of the county to create, establish, and maintain a county health department. When the duly qualified officials of a county certify to the Cabinet for Health and Family Services a true copy of the order or vote establishing a health department, and providing for its maintenance, and state the amount of the annual appropriation provided by the county the Cabinet for Health and Family Services shall make an investigation as to the necessity of the development of the department, and the adequacy of the appropriation provided by the county therefor, and shall report its findings to the Governor.
(2) If the Cabinet for Health and Family Services finds that such county health department has been established in accordance with the provisions of this chapter and is being maintained, conducted, and operated in accordance with the standards prescribed by the Cabinet for Health and Family Services, the Cabinet for Health and Family Services shall, on or before July 1 in each year, allot to each such county health department such amount that the Cabinet for Health and Family Services deems to constitute a just and equitable share of all funds available therefor by appropriation by the General Assembly of this Commonwealth, by grants and gifts received by this Commonwealth from the government of the United States of America or any of its agencies or instrumentalities, and from other sources. Provided, however, that no allotment to any such county health department shall be less than two thousand five hundred dollars ($2,500).
(3) In determining the allotments referred to in subsection (2) of this section, the Cabinet for Health and Family Services shall endeavor to provide for a distribution of the funds in a manner that is reasonably calculated to equalize, so far as practicable, local health services to the people of all counties served by the county health departments. The Cabinet for Health and Family Services may take into consideration variations existing between counties by reasons of difference in population, resources, industrialization, tax assessments and tax rates, and other local factors and conditions; the legislative intent being hereby declared to be that counties shall provide, from local sources of revenue that are available or that may be made available to them, financial support of county health departments to the extent of their representative abilities.
(4) The Cabinet for Health and Family Services may, in its discretion alter or modify allotments from time to time and shall cancel any allotment whenever it finds that there is no further need or necessity for a particular county health department for whose benefit the allotment was made or whenever a particular county health department for whose benefit an allotment was made is not maintained, operated, and conducted in accordance with the standards prescribed by the Cabinet for Health and Family Services. Nothing in this section shall be construed as requiring the Cabinet for Health and Family Services to allot all funds available for local
health purposes, or as prohibiting the department from allotting such portion thereof, as the department may determine, to a reserve account which may be suballotted by the department in such a manner that it considers proper in the event of emergencies, disaster, or unforeseen events, without regard to the provisions of subsection (3) of this section.
(5) Notwithstanding the provisions of KRS § 45.229 and any other provision of the Kentucky Revised Statutes, any unexpended or unencumbered balance of any appropriations made available for allotment and expenditure, as provided above, for the first fiscal year of each biennium, remaining at the end of such fiscal year, shall be carried forward and be available for expenditure at any time during the ensuing fiscal year within the biennium and no portion thereof shall lapse to the general fund.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 397, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 348, effective July 15, 1998. — Amended 1982 Ky. Acts ch. 450, sec. 75, effective July 1, 1983. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). — Amended 1972 Ky. Acts ch. 301, sec. 17. — Amended 1958 Ky. Acts ch. 126, sec. 27. — Amended 1952 Ky. Acts ch. 153, sec. 3. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-8.
(2) If the Cabinet for Health and Family Services finds that such county health department has been established in accordance with the provisions of this chapter and is being maintained, conducted, and operated in accordance with the standards prescribed by the Cabinet for Health and Family Services, the Cabinet for Health and Family Services shall, on or before July 1 in each year, allot to each such county health department such amount that the Cabinet for Health and Family Services deems to constitute a just and equitable share of all funds available therefor by appropriation by the General Assembly of this Commonwealth, by grants and gifts received by this Commonwealth from the government of the United States of America or any of its agencies or instrumentalities, and from other sources. Provided, however, that no allotment to any such county health department shall be less than two thousand five hundred dollars ($2,500).
Terms Used In Kentucky Statutes 212.120
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Appropriation: means an authorization by the General Assembly to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure prescribed in KRS Chapter 48. See Kentucky Statutes 446.010
- Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(3) In determining the allotments referred to in subsection (2) of this section, the Cabinet for Health and Family Services shall endeavor to provide for a distribution of the funds in a manner that is reasonably calculated to equalize, so far as practicable, local health services to the people of all counties served by the county health departments. The Cabinet for Health and Family Services may take into consideration variations existing between counties by reasons of difference in population, resources, industrialization, tax assessments and tax rates, and other local factors and conditions; the legislative intent being hereby declared to be that counties shall provide, from local sources of revenue that are available or that may be made available to them, financial support of county health departments to the extent of their representative abilities.
(4) The Cabinet for Health and Family Services may, in its discretion alter or modify allotments from time to time and shall cancel any allotment whenever it finds that there is no further need or necessity for a particular county health department for whose benefit the allotment was made or whenever a particular county health department for whose benefit an allotment was made is not maintained, operated, and conducted in accordance with the standards prescribed by the Cabinet for Health and Family Services. Nothing in this section shall be construed as requiring the Cabinet for Health and Family Services to allot all funds available for local
health purposes, or as prohibiting the department from allotting such portion thereof, as the department may determine, to a reserve account which may be suballotted by the department in such a manner that it considers proper in the event of emergencies, disaster, or unforeseen events, without regard to the provisions of subsection (3) of this section.
(5) Notwithstanding the provisions of KRS § 45.229 and any other provision of the Kentucky Revised Statutes, any unexpended or unencumbered balance of any appropriations made available for allotment and expenditure, as provided above, for the first fiscal year of each biennium, remaining at the end of such fiscal year, shall be carried forward and be available for expenditure at any time during the ensuing fiscal year within the biennium and no portion thereof shall lapse to the general fund.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 397, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 348, effective July 15, 1998. — Amended 1982 Ky. Acts ch. 450, sec. 75, effective July 1, 1983. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). — Amended 1972 Ky. Acts ch. 301, sec. 17. — Amended 1958 Ky. Acts ch. 126, sec. 27. — Amended 1952 Ky. Acts ch. 153, sec. 3. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-8.