HB 355 — AN ACT making appropriations for the operations, maintenance, and support of the Legislative Branch of the Commonwealth of Kentucky.

UNOFFICIAL COPY 20 RS BRHB 1070355/EN AN ACT making appropriations for the operations, maintenance, and support of the Legislative Branch of the Commonwealth of Kentucky.

FundsNotwithstanding KRS 48.110, 48.300, and any other statute to the contrary, funds are appropriated to the Legislative Research Commission for the Legislative Branch of government out of the General Fund and Restricted Funds accounts for the fiscal year beginning July 1, 2020, and ending June 30, 2021, and for the fiscal year beginning July 1, 2021, and ending June 30, 2022, in the following discrete sums, or so much thereof as may be necessary.

General Assembly General Fund 20,823,40019,020,700 21,677,100-0- Restricted Funds 75,000 175,000-0- TOTAL 20,898,40019,095,700 21,852,100-0- (1) Legislators Retirement and Compensation:

Included in the above General Fund appropriation are funds for the Legislators Retirement Plan in each fiscal year.

Included in the above General Fund appropriation is $567,700 in fiscal year 2020-2021 and $569,800 in fiscal year 2021-2022 for the Kentucky Legislative Ethics Commission.

Included in the above Restricted Funds appropriation is $75,000 in fiscal year 2020-2021 and $175,000 in fiscal Page 1 of 5 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1070 year 2021-2022 for the Kentucky Legislative Ethics Commission.

Notwithstanding KRS Page 1 of 7 XXXX Engrossed UNOFFICIAL COPY 20 RS HB 355/EN 7B.010 to 7B.090, operation of the Kentucky Long-Term Policy Research Center and its governing board shall continue to be suspended effective July 1, 2020, and shall remain suspended for the 2020-2022 fiscal biennium or until funding is restored.

Notwithstanding KRS 6.521(3), no pension benefit increase shall be granted to recipients of a retirement allowance under KRS 6.500 to 6.577 on July 1, 2020,2020. or July 1, 2021.

Legislative Research Commission General Fund 53,112,60052,965,700 54,261,600-0- (1) Permanent Full-time Employees:

The total number of permanent full-time employees hired by the Legislative Research Commission with the above appropriation, and not assigned specifically to the House and Senate members of the Legislative Research Commission, shall not exceed 232 in fiscal year 2020-20212020-2021. and 232 in fiscal year 2021-2022.

TOTAL - OPERATING BUDGET 2020-21 2021-22 PageGeneral 2Fund of71,986,400 5-0- XXXXRestricted JacketedFunds UNOFFICIAL75,000 COPY-0- 20TOTAL RS72,061,400 BR-0- 1070Page General2 Fundof 73,936,0007 75,938,700XXXX RestrictedEngrossed FundsUNOFFICIAL 75,000COPY 175,00020 TOTALRS 74,011,000HB 76,113,700355/EN Unexpended Balance:

TOTAL - LEGISLATIVE BRANCH BUDGET 2020-21 2021-22 General Fund 73,936,00071,986,400 75,938,700-0- Restricted Funds 75,000 175,000-0- TOTAL 74,011,00072,061,400 76,113,700-0- PART II GENERAL PROVISIONS 1.

Any expenditure authorized by the Director of the Legislative Research Commission, under the supervision of the Legislative Research Commission, relating to implementation of KRS 56.463(4)(b), or relating to the Capitol Building, and funded by previous or current appropriations to the Legislative Research Commission for the Legislative Branch of Page 3 of 5 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1070 government shall not be governed by KRS 7A.010, 7A.120, 45.750 to 45.810, 48.010(16), 48.020, and 48.110.

Appropriation items and sums in this Act Page 3 of 7 XXXX Engrossed UNOFFICIAL COPY 20 RS HB 355/EN conform to KRS 48.311.

ProposedNotwithstanding KRS 48.630(10), no revisions tofor unbudgeted Restricted Funds appropriations infor thisexpenditure Act shall be madeallotted andor reportedexpended pursuantthat tohave KRSnot 48.630(10).been appropriated in any enacted branch budget bill or without the express authority of the General Assembly.

The Director of the Legislative Research Commission may transfer any available funds between all appropriation units as needed to meet the constitutional requirements of the Legislative Branch for fiscal years 2019-2020, 2020-2021, and 2021-2022.

Notwithstanding 101 KAR 2:095, Section 10, the state payroll that would normally be scheduled to be paid on June 30, 2020, June 30, 2021, and June 30, 2021,2022, shall not be issued prior to July 1, 2020, July 1, 2021, and July 1, 2022, respectively.

Page 4 of 5 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1070 10.

Pursuant to KRS 21.540, administrative expenses shall be paid out of an administrative account which shall be funded by transfers of the necessary moneys, in appropriate ratio, from the funds provided for in KRS 21.550 and Page 4 of 7 XXXX Engrossed UNOFFICIAL COPY 20 RS HB 355/EN 21.560.

11.

Employee Layoffs, Furloughs, and Reduced Hours:

Notwithstanding any statute to the contrary, the following process and procedure is established for July 1, 2020, through June 30, 2021, in the event that the Legislative Research Commission (LRC) determines that it is desirable for the Director of the LRC to layoff, furlough, or reduce hours of employees:

(1) For the purposes of this section:

(a) "Appointing authority" means the Director of the LRC, in his or her capacity as provided in KRS 27A.010, or any agent whom he or she has delegated to act on his or her behalf with respect to employee appointments, position establishments, payroll documents, reemployment requests, waiver requests, requests for certification, or other position actions for the LRC;

(b) "Furlough" or "reduction in hours" means the temporary reduction of hours an employee is scheduled to work by the appointing authority within a pay period;

(c) "Layoff" means discharge of employment subject to the rights contained in this section;

and (d) "Employees" includes all persons employed by the LRC;

(2) Upon an order by the LRC, the appointing authority has the authority to layoff or furlough employees or reduce hours of employment for any of the following reasons:

(a) Lack of funds or budgetary constraints;

(b) A reduction in the agency’s spending authorization;

(c) Lack of work;

(d) Abolishment of a position;

or (e) Other material change in duties or organization;

(3) The appointing authority shall determine the job classifications affected and the number of employees laid-off in each classification to which a layoff applies.

In the same department or office and job classification, interim and probationary employees Page 5 of 7 XXXX Engrossed UNOFFICIAL COPY 20 RS HB 355/EN shall be laid-off before any full-time or part-time employees are laid-off.

For purposes of layoff, "probationary employee" does not include an employee serving a promotional probation;

(4) The Director of the LRC shall approve and implement all actions taken under subsection (2) of this section and no such layoff, furlough, or reduction of hours may begin until such approval has been granted.

The Director of the LRC has the authority to determine the extent, effective dates, and length of any action taken under subsection (2) of this section;

(5) In determining the employees to be laid-off, the appointing authority shall consider all employees under the same appointing authority and within the job classification affected.

Consideration shall be given to the following relevant factors: