HB 408/Analysis (BR 1328) - H. Moberly Jr., L. Clark, R. Adkins, C. Hoffman, J. Richards, R. Webb, R. Wilkey
AN ACT making appropriations for the operations, maintenance, support, and functioning of the Judicial Branch of the government of the Commonwealth of Kentucky and its various officers, boards, commissions, subdivisions, and other state-supported activities.
The Judicial Branch Budget: appropriate from the General Fund, Restricted Funds, and Federal Funds totaling $373,860,900 in fiscal year 2008-2009 and $417,579,800 in fiscal year 2009-2010; provide a five percent salary adjustment in each fiscal year for non-elected court personnel, Justices, and Judges; include funds for salaries of circuit clerks as contained in the Judicial Branch Budget Recommendation; provide funds for salary adjustments for all elected and non-elected officials; provide funds for drug court sites; provide funds to reinstate 157 positions; provide funds for an additional family court judgeship in both the Sixth and Fifteenth Circuits; provide funds for e-filing; provide funds to support retirement payouts for Judicial Branch employees; provide funds for the Carlisle County Judicial Center; provide funds for an Administrative Office of the Courts Building; provide funds for the expansion of the Madison County Family Court; provide funds to compensate local governments for providing court space and for costs incurred in the development of local court facilities; provide that funds carry forward in the Local Facilities Fund; provide that the use allowance for the Fayette County Courthouse is contingent on Short Street remaining open; provide that funds carry forward in the Local Facilities use Allowance Contingency Fund; provide funds for actuarial assessed judicial retirement benefits; authorize local facilities capital construction projects and defer funding for some; authorize leases; provide if a court facility project is occupied and use allowance funding is insufficient that use allowance payments must be approved from the Local Facilities Use Allowance Contingency Fund; provide that if funding is not available in the Local Facilities Use Allowance Contingency Fund then the use allowance payments are deemed a necessary government expense; provide the Director of the Administrative Office of the Courts with expenditure authority; provide for severability of budget provisions, duplicate appropriations, and priority of individual appropriations; provide that any unexpended balance remaining in the Court's Restricted Funds or Federal Funds accounts carry forward; provide for the final budget document; provide for transferability of funds; provide for appropriations revisions; include funds for trial commissioner salaries as provided for in the Judicial Branch Budget Recommendation; provide for judicial retirement; provide for participation in any Budget Reduction Plan or Surplus Expenditure Plan.
HB 408 - AMENDMENTS
HCS - Reduce the General Fund appropriation and increase the Restricted Funds appropriation for the Court of Justice's Court Operations and Administration; provide that non-elected personnel, Justices, Judges, and circuit clerks receive a two percent salary adjustment; provide that pay increases for deputy clerks, as proposed in the Judicial Branch Budget Recommendation, come from Restricted Funds; allow the Chief Justice to use Restricted Funds to replace Federal Funds from Operation Unite for existing drug court sites; provide funding for drug testing kits for the Twentieth Judicial District; delete reinstatement of 2006 funding; delete the establishment of new family court judgeships; delete funding for the establishment of electronic case filing; delete funding to support retirement payouts for Judicial Branch employees; reduce the General Fund appropriation for the Court of Justice's Local Facilities Fund; delete funding for the construction of an Administrative Office of the Courts Building; add a Bracken County Judicial Center project and provide for deferred funding for the project; provide that the Chief Justice may expend all Restricted Funds to meet the obligations of this Act and to effectively operate the Judicial Branch.
SCS/Analysis - Retain the original provisions with the following exceptions: increase General Fund support to the Court of Justice; decrease the salary adjustment to one percent; provide for a memorial bust of Supreme Court Justice William E. McAnulty; allow any unexpended balance at the close of a fiscal year in Court Operations and Administration to carry forward; provide for an increase in court costs; delete the provisions for the Madison County Family Court and the Fayette County Courthouse use allowance; provide that the Chief Justice has the ability to transfer funds within the Judicial Branch, not to exceed $5,000,000 during the 2008-2010 biennium; provide that the Chief Justice may expend all restricted agency funds but only after allocating and committing Restricted Funds for deputy clerk pay increases; establish criteria for the layoff of Judicial Branch personnel; establish a collections pilot program; provide for diversion programs and deferred court costs; provide for temporary custody and commitment orders.
CCR - Cannot agree.
FCCR - Retain the original provisions with the following exceptions: move General Fund support totaling $5,000,000 in fiscal year 2009-2010 from the Local Facilities Fund appropriation to the Court Operations and Administration appropriation; specify that increased court fees collected in excess of $5,000,000 in each fiscal year of the biennium be deposited to the General Fund; authorize the Administrative Office of the Courts to lease office space for the Madison County Family Court, and to provide furnishings and equipment for the space; provide that the use allowance for the Fayette County Courthouse is contingent upon Short Street remaining open to traffic; remove the cap regarding the transferability of funds; provide that any judge receiving benefits from the Judicial Retirement System on account of prior service would receive full benefits and salary for the office held provided that the judge retired before December 31, 2004 and began receiving compensation prior to the effective date of this Act; specify that 75 percent of the money collected using the Collections Pilot Project be deposited to the General Fund; remove the requirement that no diversion program could be authorized or operated by the County or Commonwealth's Attorney without the written approval of the Chief Justice; specify that fees collected in lieu of court costs exceeding $5,000,000 in each fiscal year of the biennium be deposited to the General Fund.
Jan 29-introduced in House
Jan 30-to Appropriations & Revenue (H)
Feb 25-posted in committee
Mar 4-reported favorably, 1st reading, to Calendar
Mar 5-2nd reading, to Rules; recommitted to Appropriations & Revenue (H)
Mar 11-reported favorably, to Rules with Committee Substitute ; taken from Rules Committee; placed in the Orders of the Day
Mar 12-3rd reading, passed 95-3 with Committee Substitute
Mar 13-received in Senate
Mar 17-taken from the Committee on Committees; 1st reading; returned to Committee on Committees; to Appropriations & Revenue (S)
Mar 18-taken from committee Appropriations & Revenue (S); 2nd reading; returned to Appropriations & Revenue (S)
Mar 24-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Monday, March 24, 2008; 3rd reading, passed 37-0 with Committee Substitute ; received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute ; House refused to concur in Senate Committee Substitute ; received in Senate; to Rules (S); posted for passage for receding from Senate Committee Substitute ; Senate refused to recede from Committee Substitute ; Conference Committee appointed in House and Senate
Mar 25-Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate
Apr 2-Free Conference Committee report filed in House and Senate; Free Conference Committee report adopted in Senate; Bill passed 38-0; received in House; Free Conference Committee report adopted in House; Bill passed 81-14; enrolled, signed by each presiding officer; delivered to Governor
Apr 14-one (1) line item vetoed; veto message received; to Rules (H); Posted for consideration of Governor's veto
Apr 15-veto(es) not acted upon
Apr 18-signed by Governor (Acts Ch. 128)