Veto message for hb 70

Veto Message
FROM THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY
House Bill 267 - Partial Veto #1
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 2, line 7, after the period, delete "The".

Page 2, lines 8 through 12 in their entirely.

This part transfers ownership of the Old Governor's Mansion to the Kentucky Historical Society. I am vetoing this part because the Old Governor's Mansion will be better served by being administered within the Finance and Administration Cabinet's Division of Historic Properties within the Department for Facilities and Support Services. The Department for Facilities and Support Services has as its core mission to manage and maintain state-owned facilities. The Division of Historic Properties has specific expertise with state-owned properties of significant historical value to the citizens of the Commonwealth.
House Bill 267 - Partial Veto #2
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 43, delete line 21, after the period, delete "The".

Page 43, delete lines 22 through 26 in their entirely.

This part transfers ownership of the Old Governor's Mansion to the Kentucky Historical Society. I am vetoing this part because the Old Governor's Mansion will be better served by being administered within the Finance and Administration Cabinet's Division of Historic Properties within the Department for Facilities and Support Services. The Department for Facilities and Support Services has as its core mission to manage and maintain state-owned facilities. The Division of Historic Properties has specific expertise with state-owned properties of significant historical value to the citizens of the Commonwealth.


House Bill 267 - Partial Veto #3
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 48, lines 25 though 27 in their entirety.
This part directs that repayments from Economic Development bond projects be directed to the Statewide Deferred Maintenance Fund at the end of each fiscal year. I am vetoing this part because there are funds appropriated in Part II for the Statewide Deferred Maintenance Fund. The Commonwealth's Budget Reserve Trust Fund has been decreased to $28,764,800. Through this partial veto, approximately $1,200,000 will be available at the end of each fiscal year to increase the Budget Reserve Trust Fund through the General Fund Surplus Expenditure Plan.
House Bill 267 - Partial Veto #4
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 51, lines 17 through 19 in their entirety.
This part is duplicative of a capital project appropriated in House Bill 350 for the Russell County Learning Center. House Bill 350 directs an appropriation of $165,000 in General Fund in fiscal year 2005-2006 for debt service to support new bonds totaling $3,500,000 for facility maintenance and an upgrade to the Russell County Learning Center. I am vetoing this part because it is duplicative and unnecessary.
House Bill 267 - Partial Veto #5
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 51, lines 20 through 22 in their entirety.
This part is duplicative of a capital project appropriated in House Bill 350 for the Letcher County Central Vocational Center. House Bill 350 directs an appropriation of $96,000 in General Fund in fiscal year 2005-2006 for debt service on new bonds totaling $2,000,000 to support the construction and facility upgrade of the Letcher County Central Vocational Center. I am vetoing this part because it is duplicative and unnecessary.
House Bill 267 - Partial Veto #6
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 75, lines 8 through 10 in their entirety.
This part is duplicative of a capital project appropriated in House Bill 350 for the Butler County Area Vocational Center. House Bill 350 directs an appropriation of $72,000 in General Fund in fiscal year 2005-2006 for debt service on new bonds totaling $1,500,000 to support the facility upgrade of the Butler County Area Vocational Center. I am vetoing this part because it is duplicative and unnecessary.
House Bill 267 - Partial Veto #7
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 89, line 25, after the period, delete "The".

Page 89, delete lines 26 through 27 in their entirety.

Page 90, delete lines 1 through 3 in their entirety.
This part transfers ownership of the Old Governor's Mansion to the Kentucky Historical Society. I am vetoing this part because the Old Governor's Mansion will be better served by being administered within the Finance and Administration Cabinet's Division of Historic Properties within the Department for Facilities and Support Services. The Department for Facilities and Support Services has as its core mission to manage and maintain state-owned facilities. The Division of Historic Properties has specific expertise with state-owned properties of significant historical value to the citizens of the Commonwealth.
House Bill 267 - Partial Veto #8
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 102, delete lines 8 through 27 in their entirety and page 103, delete lines 1 through 6 in their entirety.
The language in House Bill 267 relates to provider taxes and enhanced payments to Regional Community Mental Health and Mental Retardation Services, Psychiatric Residential Treatment Facilities and Medicaid Managed Care Organization Services. It conflicts with language contained in House Bill 461 that passed subsequent to House Bill 267. House Bill 461 sets the provider tax on Regional Community Mental Health and Mental Retardation Service providers at four percent, while House Bill 267 sets the tax rate at 5.5 percent. Additionally, the language contained in House Bill 267 is effective through the biennium ending June 30, 2006, while House Bill 461 has permanent statutory effect. In consultation with the Cabinet for Health and Family Services as well as legislative sponsors, it has been determined the appropriate language is that contained in House Bill 461.
House Bill 267 - Partial Veto #9
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 124, line 14 after the word "Institutions:" delete "Notwithstanding KRS 48.310" and delete line 15 and line 16 in their entirety.
This part amends the nepotism statute for employees of Kentucky's public postsecondary education institutions, KRS 164.360. The current law prohibits the employment of any person at an institution where his relative serves on the board of regents for the institution. The amendment in House Bill 267 would allow the employment of any person at an institution where his relative serves on the board of regents for that institution when that person has been employed for at least thirty-six months prior to the regent's appointment to the board. This partial veto deletes the provision that would permanently amend KRS 164.360.
House Bill 267 - Partial Veto #10
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 135, delete lines 13 through 16 in their entirety.
This part specifies that the Transportation Cabinet shall be the owner of the new Transportation Cabinet Office Building. However, the owner of the land and improvements to the land are held in the name of the Commonwealth of Kentucky and the management responsibility for the land and improvements falls upon the Finance and Administration Cabinet as the primary steward of state facilities in the Capital City. To promote efficiencies within the government, the leasing of office space within the new building and any revenues generated from such lease payments should be a management rather than a legal decision.
House Bill 267 - Partial Veto #11
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 142, delete line 27 in its entirety and on page 143, delete lines 1 through 6 in their entirety.
This part concerns interlocal agreements to maintain state roads and traffic devices. It is a new provision not ordinarily found in a budget bill. The wording of the provision is confusing and appears to mandate that the Transportation Cabinet enter into interlocal agreements rather than operate as it does currently which is to regularly enter into interlocal agreements when it is mutually beneficial between the local jurisdiction and the Commonwealth. This new provision also is open-ended with respect to its funding mandate by dictating that the Commonwealth reimburse the locality for costs incurred without prior consent.
House Bill 267 - Partial Veto #12
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
On page 223, delete line 2, beginning with "Pursuant" and ending with "and;" delete lines 3 and 4 in their entirety; delete line 5, beginning with "Research" and ending with "Commission;" delete line 7 "[by the" which follows "occupancy;" delete line 8 in its entirety; delete line 9, beginning with "KRS" and ending with "and]" and beginning with "[in" and ending with "(c)];" delete lines 24 through 27 in their entirety. On page 224, delete lines 1 through 3 in their entirety.
This part relates to office space in the New State Capitol Annex for the Legislative Branch of Kentucky. It is the intent and responsibility of the Executive Branch to provide adequate and affordable office space for the operation of all branches of state government. I would like to work with the Legislative Branch toward a reasonable, cost effective and commodious balance of the interests of each branch. In that spirit, I have chosen to not veto the provisions for the basement and first floor. The provisions of the vetoed language would result in the displacement of key budget and finance personnel on the second, third and fourth floors who advise the Executive on a daily basis. The Executive will work with the Legislative Branch to reach a compromise regarding adequate and affordable office space for both branches.
House Bill 267 - Partial Veto #13
I, Ernie Fletcher, Governor of the Commonwealth of Kentucky, pursuant to the authority granted under Section 88 of the Kentucky State Constitution, do hereby veto the following part:
Page 224, delete lines 19 through 22 in their entirety.
I am vetoing this part because its language is unnecessary.
Done this Nineteenth day of March, 2005
/s/ Ernie Fletcher, Governor