Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
PART X
PHASE I TOBACCO SETTLEMENT
(1) General Purpose: This Part prescribes the policy implementing aspects of the national settlement agreement between the tobacco industry and the collective states as described in KRS 248.701 to 248.727. In furtherance of that agreement, the General Assembly recognizes that the Commonwealth of Kentucky is a party to the Phase I Master Settlement Agreement (MSA) between the Participating Tobacco Manufacturers and 46 Settling States which provides reimbursement to states for smoking-related expenditures made over time.
(2) State's MSA Share: The Commonwealth's share of the MSA is equal to 1.7611586 percent of the total settlement amount. Payments under the MSA are made to the states annually in April of each year.
(3) MSA Payment Amount Variables: The total settlement amount to be distributed on each payment date is subject to change pursuant to several variables provided in the MSA, including inflation adjustments, volume adjustments, previously settled states adjustments, and the nonparticipating manufacturers adjustment.
(4) Distinct Identity of MSA Payment Deposits: The General Assembly has determined that it shall be the policy of the Commonwealth that all Phase I Tobacco Settlement payments shall be deposited to the credit of the General Fund and shall maintain a distinct identity as Phase I Tobacco Settlement payments that shall not lapse to the credit of the General Fund surplus but shall continue forward from each fiscal year to the next fiscal year to the extent that any balance is unexpended.
(5) MSA Payment Estimates and Adjustments: Based on the official estimates of the Consensus Forecasting Group, the amount of MSA payments expected to be received in fiscal year 2024-2025 is $97,800,000 and in fiscal year 2025-2026 is $93,100,000. It is recognized that payments to be received by the Commonwealth are estimated and are subject to change. If MSA payments received are less than the official estimates, appropriation reductions shall be applied as follows: after exempting appropriations for debt service, the Attorney General, and the Department of Revenue, 50 percent to the Agricultural Development Fund, 30 percent to the Early Childhood Development Fund, and 20 percent to the Health Care Improvement Fund. If MSA payments received exceed the official estimates, appropriation increases shall be applied as follows: after exempting appropriations for debt service, the Attorney General, and the Department of Revenue, 50 percent to the Agricultural Development Fund, 30 percent to the Early Childhood Development Fund, and 20 percent to the Health Care Improvement Fund.
a. State Enforcement: Notwithstanding KRS 248.654 and 248.703(4), a total of $150,000 of the MSA payments in each fiscal year is appropriated to the Attorney General for the state's diligent enforcement of noncompliant nonparticipating manufacturers.
b. State Enforcement: Notwithstanding KRS 248.654 and 248.703(4), a total of $250,000 of the MSA payments in each fiscal year is appropriated to the Finance and Administration Cabinet, Department of Revenue for the state's diligent enforcement of noncompliant nonparticipating manufacturers.
c. Debt Service: Notwithstanding KRS 248.654 and 248.703(4), $23,466,900 in MSA payments in fiscal year 2024-2025 and $16,783,700 in MSA payments in fiscal year 2025-2026 are appropriated to the Finance and Administration Cabinet, Debt Service budget unit.
d. Agricultural Development Initiatives: Notwithstanding KRS 248.654 and 248.703(4), $41,967,100 in MSA payments in fiscal year 2024-2025 and $42,961,000 in MSA payments in fiscal year 2025-2026 are appropriated to the Kentucky Agricultural Development Fund to be used for agricultural development initiatives as specified in this Part.
e. Early Childhood Development Initiatives: Notwithstanding KRS 248.654, $22,534,000 in MSA payments in fiscal year 2024-2025 and $22,580,000 in MSA payments in fiscal year 2025-2026 are appropriated to the Early Childhood Development Initiatives as specified in this Part.
f. Health Care Initiatives: Notwithstanding KRS 164.476, 248.654, and 304.17B-003(5), $10,750,000 in MSA payments in fiscal year 2024-2025 and $11,500,000 in MSA payments in fiscal year 2025-2026 are appropriated to the Health Care Improvement Fund for health care initiatives as specified in this Part.
A. STATE ENFORCEMENT
GENERAL FUND--PHASE I TOBACCO SETTLEMENT FUNDS
Notwithstanding KRS 248.654 and 248.703(4), appropriations for state enforcement shall be as follows:
|
1. |
GENERAL GOVERNMENT |
|||
|
Budget Unit |
2024-25 |
2025-26 |
||
|
a. |
Attorney General |
150,000 |
150,000 |
|
|
2. |
FINANCE AND ADMINISTRATION CABINET |
|||
|
Budget Unit |
2024-25 |
2025-26 |
||
|
a. |
Revenue |
250,000 |
250,000 |
B. DEBT SERVICE
GENERAL FUND--PHASE I TOBACCO SETTLEMENT FUNDS
Notwithstanding KRS 248.654 and 248.703(4), appropriations for debt service shall be as follows:
|
1. |
FINANCE AND ADMINISTRATION CABINET |
|||
|
Budget Unit |
2024-25 |
2025-26 |
||
|
a. |
Debt Service |
23,466,900 |
16,783,700 |
(1) Debt Service: To the extent that revenues sufficient to support the required debt service appropriations are received from the Tobacco Settlement Program, those revenues shall be made available from those accounts to the appropriate account of the General Fund. All necessary debt service amounts shall be appropriated from the General Fund and shall be fully paid regardless of whether there is a sufficient amount available to be transferred from tobacco-supported funding program accounts to other accounts of the General Fund.
(2) General Fund (Tobacco) Debt Service Lapse: Notwithstanding Part X, (4) of this Act, $1,318,000 in fiscal year 2024-2025 and $1,124,700 in fiscal year 2025-2026 shall lapse to the General Fund.
(3) Appropriation of Unexpended Tobacco Debt Service: Any unexpended balance from the fiscal year 2024-2025 or fiscal year 2025-2026 General Fund (Tobacco) debt service appropriation in the Finance and Administration Cabinet, Debt Service budget unit, shall continue and be appropriated to the Department of Agriculture, Kentucky Office of Agricultural Policy.
C. AGRICULTURAL DEVELOPMENT APPROPRIATIONS
GENERAL FUND--PHASE I TOBACCO SETTLEMENT FUNDS
Notwithstanding KRS 248.654 and 248.703(4), appropriations for Agricultural Development shall be as follows:
|
1. |
DEPARTMENT OF AGRICULTURE |
|||
|
Budget Unit |
2024-25 |
2025-26 |
||
|
a. |
Agriculture |
38,967,100 |
39,961,000 |
(1) Tobacco Settlement Funds--Allocations: Notwithstanding KRS 248.711(2), and from the allocation provided therein, counties that are allocated in excess of $20,000 annually may provide up to four percent of the individual county allocation, not to exceed $15,000 annually, to the county council in that county for administrative costs.
(2) Counties Account: Notwithstanding KRS 248.703(1), included in the above General Fund (Tobacco) appropriation is $12,938,200 in fiscal year 2024-2025 and $13,285,300 in fiscal year 2025-2026 for the counties account as specified in KRS 248.703(1)(a). Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
(3) State Account: Notwithstanding KRS 248.703(1), included in the above General Fund (Tobacco) appropriation is $24,028,900 in fiscal year 2024-2025 and $24,675,700 in fiscal year 2025-2026 for the state account as specified in KRS 248.703(1)(b). Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
(4) Farms to Food Banks Program: Included in the above General Fund (Tobacco) appropriation is $850,000 in fiscal year 2024-2025 and $1,000,000 in fiscal year 2025-2026 to support the Farms to Food Banks Program. The use of the moneys provided by this appropriation shall be restricted to purchases of Kentucky-grown produce from Kentucky farmers who participate in the Farms to Food Banks Program. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
(5) Kentucky Rural Mental Health and Suicide Prevention Program: Included in the above General Fund (Tobacco) appropriation is $1,000,000 in each fiscal year to support the Kentucky Rural Mental Health, Suicide Prevention, and Farm Safety Program known as the Raising Hope Initiative. The Department of Agriculture shall enhance awareness of the National Suicide Prevention Lifeline (988) in rural communities in Kentucky, improve access to information on rural mental health issues and available treatment services, provide outreach, and provide other necessary services to improve the mental health outcomes of rural communities in Kentucky. The Department of Agriculture may apply for Federal Funds. The Department of Agriculture may utilize up to $100,000 in each fiscal year for program administration purposes. The Department of Agriculture shall coordinate with the Raising Hope Initiative to take custody of and maintain any intellectual property assets that were created or developed by any state agency in connection with the Raising Hope Initiative. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
(6) Comprehensive Agriculture Plan: Included in the above General Fund (Tobacco) appropriation is $150,000 in fiscal year 2024-2025 for the Department of Agriculture to complete a comprehensive plan to review the short and long-term goals, strategies, and investments in Kentucky agriculture. At a minimum, the plan shall include recommendations to increase net farm income, to diversify Kentucky agriculture products beyond tobacco, and to address the current and future needs of Kentucky's agriculture industry. The plan shall be submitted to the Interim Joint Committee on Appropriations and Revenue on or before October 1, 2025.
|
2. |
ENERGY AND ENVIRONMENT CABINET |
|||
|
Budget Unit |
2024-25 |
2025-26 |
||
|
a. |
Natural Resources |
3,000,000 |
3,000,000 |
(1) Environmental Stewardship Program: Included in the above General Fund (Tobacco) appropriation is $2,000,000 in each fiscal year for the Environmental Stewardship Program. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
(2) Conservation District Local Aid: Included in the above General Fund (Tobacco) appropriation is $1,000,000 in each fiscal year for the Division of Conservation to provide direct aid to local conservation districts. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
|
TOTAL--AGRICULTURAL |
41,967,100 |
42,961,000 |
|
APPROPRIATIONS |
D. EARLY CHILDHOOD DEVELOPMENT
GENERAL FUND--PHASE I TOBACCO SETTLEMENT FUNDS
Notwithstanding KRS 248.654, appropriations for Early Childhood Development shall be as follows:
|
1. |
EDUCATION AND LABOR CABINET |
|||
|
Budget Unit |
2024-25 |
2025-26 |
||
|
a. |
General Administration and Program Support |
1,200,000 |
1,200,000 |
(1) Early Childhood Development: Included in the above General Fund (Tobacco) appropriation is $1,200,000 in each fiscal year for the Early Childhood Advisory Council. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
|
2. |
CABINET FOR HEALTH AND FAMILY SERVICES |
|||
|
Budget Unit |
2024-25 |
2025-26 |
||
|
a. |
Community Based Services |
11,800,000 |
11,500,000 |
(1) Early Childhood Development Program: Included in the above General Fund (Tobacco) appropriation is $9,800,000 fiscal year 2024-2025 and $9,500,000 in fiscal year 2025-2026 for the Early Childhood Development Program. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
(2) Early Childhood Adoption and Foster Care Supports: Included in the above General Fund (Tobacco) appropriation is $2,000,000 in each fiscal year for the Early Childhood Adoption and Foster Care Supports Program. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
|
2024-25 |
2025-26 |
|||
|
b. |
Public Health |
8,234,000 |
8,580,000 |
(1) HANDS Program, Healthy Start, Early Childhood Mental Health, and Early Childhood Oral Health: Included in the above General Fund (Tobacco) appropriation is $5,634,000 in fiscal year 2024-2025 and $5,980,000 in fiscal year 2025-2026 for the Health Access Nurturing Development Services (HANDS) Program, $700,000 in each fiscal year for Healthy Start initiatives, $700,000 in each fiscal year for Early Childhood Mental Health, $700,000 in each fiscal year for Early Childhood Oral Health, and $500,000 in each fiscal year for Lung Cancer Screening. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
(2) Folic Acid Program: General Fund (Tobacco) continuing appropriation reserves allotted to the Folic Acid Program shall be utilized by the Department for Public Health in each fiscal year to continue the Folic Acid Program.
|
c. |
Behavioral Health, Developmental and |
2024-25 |
2025-26 |
|
|
Intellectual Disabilities Services |
1,300,000 |
1,300,000 |
(1) Substance Abuse Prevention and Treatment: Included in the above General Fund (Tobacco) appropriation is $1,300,000 in each fiscal year for substance abuse prevention and treatment for pregnant women with a history of substance abuse problems. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
|
TOTAL--EARLY CHILDHOOD |
22,534,000 |
22,580,000 |
|
APPROPRIATIONS |
E. HEALTH CARE IMPROVEMENT APPROPRIATIONS
GENERAL FUND--PHASE I TOBACCO SETTLEMENT FUNDS
Notwithstanding KRS 164.476, 248.654 and 304.17B-003(5), appropriations for health care improvement shall be as follows:
|
1. |
CABINET FOR HEALTH AND FAMILY SERVICES |
|||
|
Budget Unit |
2024-25 |
2025-26 |
||
|
a. |
Public Health |
1,869,300 |
2,000,000 |
(1) Smoking Cessation Program: Included in the above General Fund (Tobacco) appropriation is $1,869,300 in fiscal year 2024-2025 and $2,000,000 in fiscal year 2025-2026 for Smoking Cessation. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
|
2. |
JUSTICE AND PUBLIC SAFETY CABINET |
|||
|
Budget Unit |
2024-25 |
2025-26 |
||
|
a. |
Justice Administration |
3,037,500 |
3,250,000 |
(1) Office of Drug Control Policy: Included in the above General Fund (Tobacco) appropriation is $2,804,000 in fiscal year 2024-2025 and $3,000,000 in fiscal year 2025-2026 for the Office of Drug Control Policy. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
(2) Restorative Justice: Included in the above General Fund (Tobacco) appropriation is $233,500 in fiscal year 2024-2025 and $250,000 in fiscal year 2025-2026 to support the Restorative Justice Program administered by the Volunteers of America. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
|
3. |
POSTSECONDARY EDUCATION |
|||
|
Budget Unit |
2024-25 |
2025-26 |
||
|
a. |
Council on Postsecondary Education |
5,843,200 |
6,250,000 |
(1) Cancer Research and Screening: Included in the above General Fund (Tobacco) appropriation is $5,843,200 in fiscal year 2024-2025 and $6,250,000 in fiscal year 2025-2026 for cancer research and screening. The appropriation in each fiscal year shall be equally shared between the University of Kentucky and the University of Louisville. Mandated reports shall be submitted pursuant to Part III, 24. of this Act.
|
TOTAL--HEALTH CARE |
10,750,000 |
11,500,000 |
||
|
TOTAL--PHASE I TOBACCO SETTLEMENT |
||||
|
FUNDING PROGRAM |
99,118,000 |
94,224,700 |
Cite this article: FindLaw.com - Kentucky Revised Statutes Title VI. Financial Administration § Appendix A, Pt. X Appendix A, Pt. X. State/Executive Branch Budget - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-vi-financial-administration/ky-rev-st-sect-appendix-a-pt-x/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)