38-2102. Children's initiatives fund; purposes; requirements for funded programs; transfers from Kansas endowment for youth fund, adjustments for increased or reduced tobacco litigation settlement
38-2102
38-2102. Children's initiatives fund; purposes;requirements for funded programs; transfers from Kansas endowment for youthfund, adjustments for increased or reduced tobacco litigation settlementagreement proceeds.(a) There is hereby established in the state treasury thechildren'sinitiatives fundwhich shall be administered in accordance with this section and the provisionsof appropriationacts.
(b) All moneys credited to the children's initiatives fund shall be used forthe purposes ofproviding additional funding for programs, projects, improvements, services andother purposesdirectly or indirectly beneficial to the physical and mental health, welfare,safety andoverall well-being ofchildren in Kansas as provided by appropriation or other acts of thelegislature. In allocating orappropriating moneys in the children's initiatives fund, the legislature shallemphasize programsand services that are data-driven and outcomes-basedand may emphasize programs and services that are generally directed towardimproving the lives of children and youth by combating community-identifiedrisk factors associated with children and youth becoming involved in tobacco,alcohol, drugs or juveniledelinquency. Programs funded must have a clearly articulatedobjective to be achieved withany funds received. As a condition precedent to funding, every program mustdemonstrate that the program's design is supported by credible research, thatthe program as implemented will constitute best practices in the field, thatdata is available to benchmark the program's desired outcomes and that anevaluation and assessment component is part of the program design and that suchevaluation is capable of determining program performance, needed programmodifications to enhance performance, ways in which the program could bemodified for transfer to other venues, and when performance no longer justifiesfunding. Community-based programs must demonstrate the availability ofsufficient community leadership and the capacity to appropriately implement andadminister the program that is funded. Programs which require communitymobilization to successfully achieve program objectives must demonstrate aspecific strategy to obtain the requisite levels of communitymobilization. Moneys allocated or appropriated from the children's initiativesfund shall notbe used to replaceor substitute for moneys appropriated from the state general fundin the immediately preceding fiscal year.
(c) All expenditures from the children's initiatives fund shall be made inaccordance withappropriation acts upon warrants of the director of accounts and reports issuedpursuant tovouchers approved in the manner prescribed by law.
(d) (1) On July 1, 2000, or as soon thereafter as moneys are available, thedirector of accounts and reports shall transfer, in the following order ofpriority, (A) first,$70,740,000 from the Kansasendowment for youth fund to the state general fund and (B) second, $30,000,000from the Kansas endowment for youth fund to the children's initiatives fund.
(2) On July 1, 2001, or as soon thereafter as moneys are available, thedirector of accounts and reports shall transfer $40,000,000 from the Kansasendowment for youth fund to the children's initiatives fund and shall transfer$10,000,000 from the Kansas endowment for youth fund to the state general fund.
(3) On July 1, 2002, or as soon thereafter as moneys are available, thedirector of accounts and reports shall transfer $45,000,000 from the Kansasendowment for youth fund to the children's initiativesfund.
(4) On July 1 of each fiscal year thereafter,or as soon thereafter as moneys are available, thedirector of accounts and reports shall transfer from the Kansas endowment foryouth fundto the children'sinitiatives fund the amount equal to 102.5% of the amount transferredfrom the Kansas endowment for youth fund to the children's initiatives fundpursuant to this section duringthe immediately preceding fiscal year.
(5) If the amounts to be received during any fiscal year under the tobaccolitigation settlement agreements entered into by the attorney general on behalfof the state of Kansas, or pursuant to any judgment rendered, regarding thelitigation against tobacco industry companies and related entities, are reducedor increased from the amount that was anticipated to be received for suchfiscal year, as of the time the settlement agreements were entered into, thenthe legislature may adjust the amount otherwise provided by this subsection tobe transferred from the Kansas endowment for youth fund to the children'sinitiativesfund for such fiscal year by including provisions in appropriation acts forsuch fiscal year that proportionally reduce or increase, as appropriate, theamount otherwise provided by this subsection to be transferred from theKansas endowment for youth fund to the children's initiatives fund for suchfiscal year. In addition, for purposes of circumstances related to theinvestment of moneysin the Kansas endowment for youth fund or other circumstances or mattersdeemed sufficient by thelegislature, the legislaturemay adjust the amount otherwise provided by this subsection to be transferredfrom the Kansas endowment for youth fund to the children's initiatives fundfor any fiscal year by includingprovisions inappropriation acts for such fiscal year that proportionally reduce or increase,as appropriate, theamount otherwise provided by this subsection to be transferred from theKansas endowment for youth fund tothe children's initiatives fund for such fiscal year.
(e) It is the intent of thelegislature that, except asprovided by this section, no amounts shall be transferred from the Kansasendowment for youth fund to thechildren's initiatives fund or to any other fund during any state fiscalyear.
(f) On or before the 10th day of each month, the director of accounts andreports shall transfer from the state general fund to the Kansas endowment foryouth fund interest earnings based on(1) the average daily balance of moneys in the children's initiatives fundfor the preceding month and(2) the net earnings rate of the pooled money investment portfolio for thepreceding month.
History: L. 1999, ch. 172, § 2; July 1.