04RS HB396

HB396

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HB 396 (BR 1081) - H. Moberly

     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 in the Court of Justice moneys from the General Fund, Restricted Funds, and Federal Funds totaling $249,746,800 in fiscal year 2004-2005 and $281,935,500 in fiscal year 2005-2006; provide a 1.5% salary adjustment in fiscal year 2004-2005 and 3% salary adjustment in fiscal year 2005-2006 for nonelected court personnel and justices and judges; include funds for the salaries of circuit clerks and trial commissioners in fiscal year 2004-2005 and fiscal year 2005-2006 as recommended in the Judicial Branch Budget Recommendation; include funds for existing and additional Drug Courts and Family Courts; include funds for additional deputy clerk, architect, and facilities officer positions; provide for the 2003 actuarial assessed need for the Judicial Form Retirement System; continue funding for the Kentucky Legal Education Opportunities (KLEO) Program; and provide that funding for previously authorized court facilities shall not be reduced.

HB 396 - AMENDMENTS


     HCS/Analysis - Appropriate in the Court of Justice moneys from the General Fund, Restricted Funds, and Federal Funds totaling $234,648,400 in fiscal year 2004-2005 and $242,990,500 in fiscal year 2005-2006; limit additional funding to General Fund support to replace the loss of Federal Funds and Restricted Funds support for existing Drug Courts totaling $2,768,700 in FY 2005 and $5,612,200 in FY 2006; provide additional General Fund support for a cost-of-living adjustment for nonelected personnel and Circuit Clerks to help offset the rising cost of employee health insurance premiums totaling $482,000 in fiscal year 2004-2005 and $1,486,900 in fiscal year 2005-2006; add language that allocates $225,000 each year to be provided for the Kentucky Legal Education Opportunities Program; add language restricting the Chief Justice of the Supreme Court from utilizing funds allocated for increments, COLA, and health insurance premiums for deputy clerk salary enhancements for Restricted Funds and General Fund positions and other Judicial Branch positions for any other purpose or for any unfunded initiatives not specified in the Act; require staffing levels not fall below those on January 1, 2004; and add language that restores reporting requirements of the Judicial Branch to the LRC or the Interim Appropriations and Revenue Committee.

     SCS/Analysis - Retain original provisions and appropriate in the Court of Justice moneys from the General Fund, Restricted Funds, and Federal Funds totaling $235,846,900 in fiscal year 2004-2005 and $263,570,000 in fiscal year 2005-2006; delete funding for a health insurance COLA for nonelected personnel and Circuit Clerks and amend related language provisions accordingly; increase increments by one-half percent for all judicial employees providing additional General Fund support totaling $585,600 in fiscal year 2004-2005 and $1,589,800 in fiscal year 2005-2006 and provide related language provisions; provide additional General Fund support for the operations of the Judicial Branch totaling $1,282,000 in fiscal year 2004-2005 and $922,400 in fiscal year 2005-2006; provide language requiring the Administrative Office of the Courts to provide the employer's share of FICA and retirement for Master Commissioners; provide language that directs the Administrative Office of the Courts to collect a minimum of $4,000,000 in fiscal year 2003-2004 from Master Commissioners' local operating accounts and to transfer all moneys collected from this source to the credit of the General Fund Surplus Account; provide $19,948,400 additional General Fund support in fiscal year 2005-2006 for 15 new courthouse projects; require the Administrative Office of the Courts to conduct a comprehensive study of the Court's system and the allocation of judgeships for all Courts, Domestic Relations Commissioners, and the cost for access to the courts; require the report be submitted to the Interim Committees on Appropriations and Revenue and Judiciary no later than December 15, 2004.

     SCA (1, R. Sanders Jr) - Remove Livingston County courthouse project.

     SCA (2, R. Sanders Jr) - Remove Trigg County Courthouse project.

     SCA (3, R. Sanders Jr) - Remove Rowan Cournty Courthouse project.

     Jan 28-introduced in House
     Jan 29-to Appropriations and Revenue (H)
     Feb 26-posting waived; reported favorably, 1st reading, to Calendar
     Feb 27-2nd reading, to Rules; recommitted to Appropriations and Revenue (H)
     Mar 8-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Tuesday, March 9, 2004
     Mar 9-3rd reading, passed 96-1 with Committee Substitute
     Mar 10-received in Senate
     Mar 11-to Appropriations and Revenue (S)
     Mar 17-taken from committee; 1st reading, to Calendar
     Mar 18-2nd reading; returned to Appropriations and Revenue (S)
     Mar 25-reported favorably, to Rules as a Consent Bill
     Mar 26-recommitted to Appropriations and Revenue (S)
     Mar 29-reported favorably, to Rules with Committee Substitute, committee amendments (1) (2) and (3) ; posted for passage in the Regular Orders of the Day for Monday, March 29, 2004; 3rd reading, passed 22-0-16 with Committee Substitute, committee amendments (1) (2) and (3) ; received in House; to Rules (H); placed in the Orders of the Day; House refused to concur in Senate Committee Substitute, committee amendments (1) (2) and (3) ; Conference Committee appointed in House
     Apr 12-received in Senate; posted for passage for receding from Senate Committee Substitute, committee amendments (1) (2) and (3); Senate receded from Committee Substitute, committee amendments (1) (2) and (3) ; passed 36-0; received in House; enrolled, signed by Speaker of the House
     Apr 13-enrolled, signed by President of the Senate; delivered to Governor
     Apr 23-line items vetoed; bill minus line item vetoed provisions signed by Governor (Acts ch. 197)


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