Kentucky 2022 2022 Regular Session

Kentucky House Bill HB243 Introduced / Bill

                    UNOFFICIAL COPY  	22 RS BR 1183 
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AN ACT making appropriations for the operations, maintenance, and support of the 1 
Legislative Branch of the Commonwealth of Kentucky. 2 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3 
Section 1. Notwithstanding KRS 48.100 and 48.300, the Legislative Branch 4 
Budget is as follows: 5 
PART I 6 
OPERATING BUDGET 7 
Funds Appropriations: Funds are appropriated to the Legislative Research 8 
Commission for the Legislative Branch of government out of the General Fund and 9 
Restricted Funds accounts for the fiscal year beginning July 1, 2021, and ending June 30, 10 
2022, for the fiscal year beginning July 1, 2022, and ending June 30, 2023, and for the 11 
fiscal year beginning July 1, 2023, and ending June 30, 2024, in the following discrete 12 
sums, or so much thereof as may be necessary. Each appropriation is made by the source 13 
of respective fund or funds accounts to be used for the purposes of the Legislative Branch 14 
of government of the Commonwealth of Kentucky. 15 
    	2021-22 2022-23 2023-24 16 
1. General Assembly 17 
 General Fund 	427,100 22,663,600 24,260,500 18 
 Restricted Funds 	-0- 75,000 175,000 19 
 TOTAL  	427,100 22,738,600 24,435,500 20 
(1) Legislators Compensation: Notwithstanding KRS 6.190 and 6.213, the daily 21 
compensation provided by KRS 6.190 and the interim expense allowance provided by 22 
KRS 6.213 for the members of the General Assembly shall be as authorized by the 2020-23 
2022 biennium and shall continue as adjusted on January 1, 2023, by the greater of the 24 
salary increment provided to state employees in the state/executive branch budget or the 25 
percent increase in the nonseasonally adjusted annual average Consumer Price Index for 26 
All Urban Consumers (CPI-U), U.S. City Average, All Items, between the two (2) most 27  UNOFFICIAL COPY  	22 RS BR 1183 
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recent calendar years available, as published by the United States Bureau of Labor 1 
Statistics. 2 
(2) Kentucky Legislative Ethics Commission: Included in the above General 3 
Fund appropriation is $567,700 in each fiscal year of the 2022-2024 fiscal biennium for 4 
the Kentucky Legislative Ethics Commission. Included in the above Restricted Funds 5 
appropriation is $75,000 in fiscal year 2022-2023 and $175,000 in fiscal year 2023-2024 6 
for the Kentucky Legislative Ethics Commission. 7 
(3) Kentucky Long-Term Policy Research Center: Notwithstanding KRS 8 
7B.010 to 7B.090, operation of the Kentucky Long-Term Policy Research Center and its 9 
governing board shall continue to be suspended effective July 1, 2022, and shall remain 10 
suspended for the 2022-2024 fiscal biennium or until funding is restored. No funds are 11 
appropriated for the Kentucky Long-Term Policy Research Center for fiscal year 2022-12 
2023 and fiscal year 2023-2024. 13 
(4) Pension Benefit Increase: Notwithstanding KRS 6.521(3), no pension 14 
benefit increase shall be granted to recipients of a retirement allowance under KRS 6.500 15 
to 6.577 on July 1, 2022. 16 
       2021-22  2022-23    2023-24 17 
2. Legislative Research Commission 18 
 General Fund                                       1,794,800 62,377,000 63,756,300 19 
(1) Legislative Record: Notwithstanding KRS 7.105, distribution of the final 20 
issue of the Legislative Record and the interim Legislative Record shall be suspended 21 
effective July 1, 2022. 22 
TOTAL - OPERATING BUDGET 23 
    	2021-22 2022-23 2023-24 24 
 General Fund 	2,221,900 85,040,600 88,016,800 25 
 Restricted Funds 	-0- 75,000 175,000 26 
 TOTAL  	2,221,900 85,115,600 88,191,800 27  UNOFFICIAL COPY  	22 RS BR 1183 
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Unexpended Balance: Notwithstanding KRS 45.229, any unexpended balance 1 
remaining at the close of fiscal year 2021-2022 shall not lapse but shall continue into 2 
fiscal year 2022-2023, and any unexpended balance in any succeeding fiscal year shall 3 
not lapse but shall continue into the following fiscal year. 4 
TOTAL - LEGISLATIVE BRANCH BUDGET 5 
    	2021-22 2022-23 2023-24 6 
 General Fund 	2,221,900 85,040,600 88,016,800 7 
 Restricted Funds 	-0- 75,000 175,000 8 
 TOTAL  	2,221,900 85,115,600 88,191,800 9 
PART II 10 
GENERAL PROVISIONS 11 
1. Expenditure Authority: The Director of the Legislative Research 12 
Commission, under the supervision of the Legislative Research Commission, may expend 13 
any of the funds appropriated for legislative operation and administration in any lawful 14 
manner and for any legal purpose consistent with the policies and practices of the 15 
Commission. No executive agency or statute governing the executive agencies of state 16 
government shall have the power to restrict or limit the actions of, or the expenditure of 17 
funds appropriated to, the Legislative Research Commission for the Legislative Branch of 18 
government. 19 
2. Capitol and Capitol Annex Capital Construction Expenditures: Any 20 
expenditure authorized by the Director of the Legislative Research Commission, under 21 
the supervision of the Legislative Research Commission, relating to implementation of 22 
KRS 56.463(4)(b), or relating to the Capitol Building, and funded by previous or current 23 
appropriations to the Legislative Research Commission for the Legislative Branch of 24 
government shall not be governed by KRS 7A.010, 7A.120, 45.750 to 45.810, 25 
48.010(16), 48.020, and 48.110. 26 
3. Severability of Budget Provisions: Appropriation items and sums in this Act 27  UNOFFICIAL COPY  	22 RS BR 1183 
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conform to KRS 48.311. If any section, any subsection, or any provision thereof shall be 1 
invalid or unconstitutional, the decision of the courts shall not affect or impair any of the 2 
remaining sections, subsections, or provisions. 3 
4. Duplicate Appropriation: Any appropriation item and sum in this Act and in 4 
an appropriation provision in another Act of the 2022 Regular Session of the General 5 
Assembly which constitutes a duplicate appropriation shall be governed by KRS 48.312. 6 
5. Priority of Individual Appropriations: KRS 48.313 shall control when a 7 
total or subtotal figure in this Act conflicts with the sum of the appropriations of which it 8 
consists. 9 
6. Appropriations Revisions: Notwithstanding KRS 48.630(10), no revisions 10 
for unbudgeted Restricted Funds appropriations for expenditure shall be allotted or 11 
expended that have not been appropriated in any enacted branch budget bill or without 12 
the express authority of the General Assembly. 13 
7. Allowance in Lieu of Stationery: Notwithstanding KRS 6.220, in lieu of 14 
stationery, there shall be allowed to each member of the House of Representatives the 15 
sum of $250 and to each member of the Senate the sum of $500. This allowance shall be 16 
paid out of the State Treasury at the beginning of each legislative session. 17 
8. Salary Adjustments: In each fiscal year, employees of the Legislative 18 
Research Commission shall receive a salary adjustment in accordance with the salary 19 
adjustment provided to state employees in the state/executive branch budget. 20 
9. Administrative Expenses: Pursuant to KRS 21.540, administrative expenses 21 
shall be paid out of an administrative account which shall be funded by transfers of the 22 
necessary moneys, in appropriate ratio, from the funds provided for in KRS 21.550 and 23 
21.560. 24 
10. Employee Layoffs, Furloughs, and Reduced Hours: Notwithstanding any 25 
statute to the contrary, the following process and procedure is established for July 1, 26 
2022, through June 30, 2024, in the event that the Legislative Research Commission 27  UNOFFICIAL COPY  	22 RS BR 1183 
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(LRC) determines that it is desirable for the Director of the LRC to layoff, furlough, or 1 
reduce hours of employees: 2 
(1) For the purposes of this section: 3 
(a) "Appointing authority" means the Director of the LRC, in his or her capacity 4 
as provided in KRS 7.090, or any agent whom he or she has delegated to act on his or her 5 
behalf with respect to employee appointments, position establishments, payroll 6 
documents, reemployment requests, waiver requests, requests for certification, or other 7 
position actions for the LRC; 8 
(b) "Furlough" or "reduction in hours" means the temporary reduction of hours an 9 
employee is scheduled to work by the appointing authority within a pay period; 10 
(c) "Layoff" means discharge of employment subject to the rights contained in 11 
this section; and 12 
(d) "Employees" includes all persons employed by the LRC; 13 
(2) Upon an order by the LRC, the appointing authority has the authority to layoff 14 
or furlough employees or reduce hours of employment for any of the following reasons: 15 
(a) Lack of funds or budgetary constraints; 16 
(b) A reduction in the agency’s spending authorization; 17 
(c) Lack of work; 18 
(d) Abolishment of a position; or 19 
(e) Other material change in duties or organization; 20 
(3) The appointing authority shall determine the job classifications affected and 21 
the number of employees laid-off in each classification to which a layoff applies. In the 22 
same department or office and job classification, interim and probationary employees 23 
shall be laid-off before any full-time or part-time employees are laid-off. For purposes of 24 
layoff, "probationary employee" does not include an employee serving a promotional 25 
probation; 26 
(4) The Director of the LRC shall approve and implement all actions taken under 27  UNOFFICIAL COPY  	22 RS BR 1183 
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subsection (2) of this section and no such layoff, furlough, or reduction of hours may 1 
begin until such approval has been granted. The Director of the LRC has the authority to 2 
determine the extent, effective dates, and length of any action taken under subsection (2) 3 
of this section; 4 
(5) In determining the employees to be laid-off, the appointing authority shall 5 
consider all employees under the same appointing authority and within the job 6 
classification affected. Consideration shall be given to the following relevant factors: 7 
(a) Job performance evaluations; 8 
(b) Seniority; 9 
(c) Education, training, and experience; and 10 
(d) Disciplinary record; 11 
(6) Any employee whose position is subject to layoff, furlough, or reduction of 12 
hours shall be provided written notice containing the reason for the action as set forth in 13 
subsection (2) of this section at least 15 days in advance of the effective date of the 14 
action; 15 
(7) Any employee who is laid-off shall be eligible to apply as a reemployment 16 
applicant for positions with the same job classification in the LRC. For a period of two 17 
years, a reemployment applicant shall be hired before any applicant except another 18 
reemployment applicant with greater seniority who is on the same reemployment list. 19 
When a reemployment applicant is removed from a reemployment list, he or she shall be 20 
notified in writing. A reemployment applicant who accepts another LRC position, or who 21 
retires, shall cease to have eligibility rights as a reemployment applicant; 22 
(8) The appointing authority may place employees subject to a reduction in force; 23 
(9) Furloughs or reduction of hours during a pay period shall not result in the loss 24 
of eligibility for any benefit otherwise due the employee; 25 
(10) The appointing authority shall have the authority to promulgate 26 
comprehensive administrative regulations governing this section; and 27  UNOFFICIAL COPY  	22 RS BR 1183 
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(11) A layoff, furlough, or reduction of hours implemented in accordance with this 1 
section shall not be considered a penalization of the employee. 2 
11. Deferred Payroll: Included in the fiscal year 2021-2022 appropriations in 3 
Part I of this Act are sufficient funds to issue the state payroll that had previously been 4 
deferred. 5 
PART III 6 
BUDGET REDUCTION OR SURPLUS EXPENDITURE PLAN 7 
The Legislative Branch shall participate in any Budget Reduction Plan or Surplus 8 
Expenditure Plan in accordance with KRS Chapter 48, except that obligations essential to 9 
the constitutional duties of the Legislative Branch shall be exempt from any Budget 10 
Reduction Plan. The level of participation in a Budget Reduction Plan shall be at the 11 
discretion of the Director and shall not exceed the actual percentage of revenue shortfall. 12