UNOFFICIAL COPY 22 RS HB 243/GA Page 1 of 7 HB024310.100 - 1183 - XXXX GA 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 HB 243/GA Page 2 of 7 HB024310.100 - 1183 - XXXX GA 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 HB 243/GA Page 3 of 7 HB024310.100 - 1183 - XXXX GA 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 HB 243/GA Page 4 of 7 HB024310.100 - 1183 - XXXX GA 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 HB 243/GA Page 5 of 7 HB024310.100 - 1183 - XXXX GA (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 HB 243/GA Page 6 of 7 HB024310.100 - 1183 - XXXX GA 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 HB 243/GA Page 7 of 7 HB024310.100 - 1183 - XXXX GA (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