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department for local government

65%-35% Term Ending Restriction on Spending. KRS 68.310 Limit of Expenditures for First Half of Each Fourth Year. Except in case of an emergency concerning which the county judge/executive, the fiscal court and the State Local Finance Officer unanimously agree in writing, and, except for encumbrances or expenditures from the county road fund, no county shall, beginning with the fiscal year 1998-1999, encumber or expend more than sixty-five percent (65%) in any fund budgeted for that fiscal9450

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department for local government

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    1. Department for Local Government 65%-35% Term Ending Restrictions on Spending KRS 68.310, Calculation Examples and Commonly Asked Question

    2. 65%-35%

    3. KRS 68.310 Limit of Expenditures for First Half of Each Fourth Year Except in case of an emergency concerning which the county judge/executive, the fiscal court and the State Local Finance Officer unanimously agree in writing, and, except for encumbrances or expenditures from the county road fund, no county shall, beginning with the fiscal year 1998-1999, encumber or expend more than sixty-five percent (65%) in any fund budgeted for that fiscal year, not counting as current funds any budgetary allotments for or payments of principle and interest of bonded indebtedness...

    4. KRS 68.310 Limit of Expenditures for First Half of Each Fourth Year …Prior to encumbering or expending any funds from the road fund during the first half of any fourth fiscal year which exceed sixty-five percent (65%) of the amount budgeted the fiscal court shall assure there are sufficient funds remaining in the general fund to provide for the excess encumbrance or expenditure from the road fund on a dollar for dollar basis. Those excess funds shall remain in the general fund until on or after January 1 of that fiscal year.

    5. GENERAL FUND Budgeted Appropriation plus amendments 1,000,000 Less Budgeted Debt Service (100,000) Available per KRS 68.310 900,000 Actual Claims Allowed 12/31/XX 535,500 Less Actual Debt Service Pd. (75,000) Encumbrances 12/31/XX 87,250 Total Claims and Encumbrances 547,750 % expended 547,750/900,000 60.9%

    6. Budgeted Appropriation plus amendments 629,870 Less Budgeted Debt Service (29,000) Available per KRS 68.310 600,870 Actual Claims Allowed 12/31/XX 409,008 Less Actual Debt Service Pd. (15,000) Encumbrances 12/31/XX 87,250 Total Claims and Encumbrances 481,258 % expended 481,258/600,870 80.1%

    7. Term-End Restrictions On Spending GENERAL FUND Available appropriation per 68.310 $900,000 x 65% Total allowable expenditures per 68.310 $585,000 Total claims/encumbrances per example $547,750 Amount under 65% $37,250

    8. Term-End Restrictions On Spending ROAD FUND Available appropriation per 68.310 $600,870 x 65% Total allowable expenditures per 68.310 $390,565 Total claims/encumbrances per example $481,258 Amount in excess of 65% $90,693

    9. Term-End Restrictions On Spending GENERAL FUND Total allowable expenditures per 68.310 $585,000 Total claims/encumbrances per example $547,750 Total under 65% $37,250 ROAD FUND Total allowable expenditures per 68.310 $360,565 Total claims/encumbrances per example $481,258 Total over 65% $90,693 BOTH FUNDS NON-COMPLIANT

    10. JAIL FUND Budgeted Appropriation plus amendments $350,000 Available per KRS 68.310 $350,000 Actual Claims Allowed 12/31/XX $178,090 Encumbrances 12/31/XX $19,700 Total Claims and Encumbrances $197,790 % expended 197,790/350,000 56.5%

    11. LGEA FUND Budgeted Appropriation plus amendments $1,500,000 Available per KRS 68.310 $1,500,000 Actual Claims Allowed 12/31/XX $654,123 Encumbrances 12/31/XX $61,937 Total Claims and Encumbrances $716,060 % expended 716,060/1,500,000 47.7%

    12. Questions Regarding Term-End Restrictions on Spending Does insurance the county pays at the beginning of the fiscal year for coverage for the whole fiscal year count in calculation? Yes, the insurance is a claim and is calculated as a actual claim allowed as of 12/31/XX.

    13. Questions Regarding Term-End Restrictions on Spending Is County Road Aid Bond Money expended in the first half of the fourth year subject to the term restrictions? Yes, County Road Aid Bond Money would be a claim and included in the calculation.

    14. Questions Regarding Term-End Restrictions on Spending Is it acceptable to exceed 65% in a particular line item, however still be below 65% in the fund? Yes, KRS 68.310 states no county shall encumber or expend more than 65% in any fund budgeted for that fiscal year.

    15. Questions Regarding Term-End Restrictions on Spending What does DLG consider encumbrances when calculating 65/35? Encumbrances are any outstanding purchase orders and unpaid bills as of 12/31/XX.

    16. Questions Regarding Term-End Restrictions on Spending Except for debt service payments, what is the process to have another expenditure exempt from the 65/35 calculation? Per KRS 68.310, the fiscal court would have to declare an emergency and have the county judge sign off on the emergency and then have the State Local Finance Officer agree in writing.

    17. Questions Regarding Term-End Restrictions on Spending What role will DLG undertake in monitoring the term-ending restrictions? DLG will provide assistance to any county and monitor closely any county that will have a change in administration. The penalty for violating KRS 68.310 is removal from office.

    18. Thank you for your hard work and dedication. 1024 Capital Center Drive, Suite 340 Frankfort, KY 40324 502-573-2382 www.dlg.ky.gov

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