HB 382 (BR 1321) - H. Moberly Jr, G. Lindsay, G. Lynn
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 $286,725,300 in fiscal year 2006-2007 and $321,993,000 in fiscal year 2007-2008; provide a 5% salary increase in each fiscal year for nonelected court personnel, justices, and judges; include funds for salaries of circuit clerks and trial commissioners as contained in the Judicial Branch Budget Recommendation; provide salary enhancements for deputy circuit clerks; include funds for existing and additional Drug Courts and Family Courts and additional Circuit Court and District Court judgeships; authorize sixteen local facilities capital construction projects and deferred use allowance and increased scope for an additional project; provide funds for actuarial assessed judicial retirement benefits; continue funding for the Kentucky Legal Education Opportunities (KLEO) Program; prohibit reduction of authorized court facilities funding.
HB 382 - AMENDMENTS
HCS/Analysis - Provide $3,066,200 in fiscal year 2006-2007 and $4,321,400 in fiscal year 2007-2008 for one circuit and seven family courts that were authorized by the 2005 General Assembly; provide $1,300,000 in General Fund moneys and $1,300,000 in Restricted Funds in fiscal year 2006-2007 to continue the operations of existing drug courts; provide $7,475,000 in fiscal year 2007-2008 in General Fund moneys and $1,800,000 in Restricted Funds to provide drug courts on a statewide basis; provide $1,213,900 in fiscal year 2006-2007 and $1,274,500 in fiscal year 2007-2008 for a pay increase for deputy court clerks; provide $2,671,200 in fiscal year 2006-2007 and $3,986,000 in fiscal year 2007-2008 for one new circuit judge and seven new familiy judges; provide $392,000 in fiscal year 2006-2007 and $547,100 in fiscal year 2007-2008 for new district courts in Madison and Warren Counties; fund completion of eighteen new court facilities authorized by the 2005 General Assembly for furnishings, operating and debt service; fund completion of a renovation of the Pendleton County courthouse authorized by the 2005 General Assembly and provide an additional $834,900 in fiscal year 2007-2008 for furnishings, operating, and debt service for the expanded facility; authorize construction of seventeen new judicial centers across the state totaling an estimated $265 million in construction costs.
HFA (1, T. Riner) - Permit judicial candidates to express their judicial philosophies and constitutional interpretations without being in violation of judicial campaign speech restrictions.
HFA (2, J. DeCesare) - Provide that court facilities contracted or begun after the effective date of the Act are not required to pay prevailing wage rates.
HFA (3, H. Moberly Jr) - Delete new circuits with Family Court divisions in the Fifty-eighth and Fifty-ninth Judicial Circuits; decrease general fund appropriations accordingly.
SCS/Analysis - Retain provisions of HB 382/GA with the following changes: The Judicial Branch Budget: reduce General Fund appropriation amounts for court operations and administration by $1,035,400 in fiscal year 2006-2007 and $1,623,100 in fiscal year 2007-2008; reduce General Fund appropriations for the local facilities fund by $300,000 in fiscal year 2006-2007 and $834,900 in fiscal year 2007-2008; add a new Circuit Court judgeship in the Fourteenth Judicial Circuit; delete language concerning the Fayette County Courthouse use allowance contingency based on Short Street remaining open to vehicular traffic; delete language earmarking funds for improvements to the 14 client interview areas in the Fayette County Courthouse; delete the entirety of the judicial capital projects budget and insert those courthouse projects into HB 380, the State/Executive Branch Budget instead; delete language continuing funding for the Kentucky Legal Education Opportunities (KLEO) Program; delete language limiting the compensation of justices or judges receiving retirement benefits from the Judicial Retirement Plan who return to service as nonelected personnel such that the total salary and retirement benefits paid will not exceed the salary fixed for the judicial office held; include a new part to be codified amending KRS 23A.040, 23A045, 23A.050, 24A.050, and 24A.060 making adjustments to lists of judicial districts and circuits.
CCR - Cannot agree.
FCCR/Analysis - Adopt provisions of HB 382/SCS with the following changes: modify language regarding additional District and Circuit judgeships to delete specific dollar amounts of earmarked funds and references to Family Court judges; insert language earmarking $300,000 in fiscal year 2006-2007 for improvements to 14 client interview areas in the Fayette County Courthouses; insert language making the use allowance for the Fayette County Courthouses contingent upon Short Street in Lexington remaining open to traffic; modify language regarding the compensation of retired justices and judges to be applicable to those elected after January 1, 2007; insert language requiring the Chief Justice to reduce General Fund expenditures appropriated in the Judicial Branch budget by $2,500,000 in each fiscal year by reducing waste, fraud, and abuse, and by creating additional savings through increased efficiencies.
Jan 17-introduced in House
Jan 18-to Appropriations and Revenue (H)
Feb 14-posted in committee
Feb 21-reported favorably, 1st reading, to Calendar
Feb 22-2nd reading, to Rules; recommitted to Appropriations and Revenue (H)
Mar 6-reported favorably, to Rules with Committee Substitute ; taken from Rules Committee, placed in the Orders of the Day; floor amendments (1) (2) and (3) filed to Committee Substitute
Mar 7-3rd reading, passed 96-0 with Committee Substitute, floor amendment (3)
Mar 8-received in Senate
Mar 10-to Appropriations and Revenue (S)
Mar 14-taken from committee; 1st reading, to Calendar
Mar 15-2nd reading; returned to Appropriations and Revenue (S)
Apr 10-reported favorably, to Rules with Committee Substitute as a Consent Bill; posted for passage in the Consent Orders of the Day for Monday, April 10, 2006; 3rd reading, passed 38-0 with Committee Substitute
Apr 11-received in House; posted for passage for concurrence in Senate Committee Substitute ; House refused to concur in Senate Committee Substitute ; received in Senate; posted for passage for receding from Senate Committee Substitute ; Senate refused to recede from Committee Substitute ; received in House; Conference Committee appointed in House and Senate; Conference Committee report filed in House; Conference Committee report adopted in House; Free Conference Committee appointed in House
Apr 12-Conference Committee report filed in Senate; Conference Committee report adopted in Senate; Free Conference Committee appointed in Senate; Free Conference Committee report filed in Senate; Free Conference Committee report adopted in Senate; passed 33-0; Free Conference Committee report filed in House; Free Conference Committee report adopted in House; passed 87-0; enrolled, signed by each presiding officer; delivered to Governor
Apr 24-Four line items vetoed (Acts ch. 250)