Summary: Executive Budget Recommendation

FY 2005-06 JUDICIARY

SB 275 CR-1

September 20, 2005 (Revised)

Analyst: Marilyn B. Peterson

	FY 2004-05 YTD (as of 2/10/05)					*Difference: Conference* *from FY 2004-05 YTD*
	FY 2004-05 YTD (as of 2/10/05)	Executive	House	Senate	Conference	*Amount*	%
IDG/IDT	$4,633,500	$2,563,500	$2,563,500	$2,563,500	$2,563,500	($2,070,000)	(44.7)
Federal	4,015,600	3,933,900	3,933,900	3,909,000	3,926,400	(89,200)	(2.2)
Local	3,298,100	3,466,000	3,466,000	3,334,000	3,419,100	121,000	3.7
Private	842,500	842,500	842,500	842,500	842,500	0	0.0
Restricted	82,333,700	86,935,000	87,022,500	87,004,400	87,015,900	4,682,200	5.7
GF/GP	158,093,300	159,987,900	156,987,900	155,810,300	157,614,500	(478,800)	(0.3) (1.3)
Gross	$253,216,700	$257,728,800	$254,816,300	$253,464,500	$255,381,900	*$2,165,200*	*0.9*
FTEs	582.5	582.5	509.0	509.0	509.0	(73.5)	(12.6)

Note: FY 2004-05 YTD figures do not include the results of any supplementals or Executive Order actions that occurred after February 10, 2005.

Major Budget Changes from FY 2004-05 YTD Appropriations:	FY 2004-05 YTD (as of 2/10/05)	Conference Change from YTD
*1. Judgeship Changes* Funds recently-enacted changes in judgeships: $184,600 to provide full-year costs of judgeships added January 1, 2005 and funded accordingly in FY 2004-05, and $233,000 to fund the FY 2005-06 costs of converting part-time probate judges to full-time.	Gross Restricted GF/GP	$92,163,000 7,090,200 $85,072,800	$417,600 0 $417,600
*2. Drug Court Grant Program* Recognizes increased revenue for the drug court fund, and uses a portion of that revenue to offset GF/GP support for the program. Affected revenue derives from civil infraction assessements and statutory state costs in criminal cases.	Gross IDG Federal Restricted GF/GP	$4,635,000 1,800,000 300,000 1,688,300 $846,700	$100,000 0 0 232,200 ($132,200)
*3. Court Equity Grant Program* Recognizes increased revenue for the court equity fund, and uses the bulk of that revenue to offset GF/GP appropriations for the program. The court equity fund supports a grant program that reimburses countiesfor trial court operations based on a statutory formula that recognizes circuit and probate caseloads and the numbers of judgeships.	Gross Restricted GF/GP	$68,906,000 46,788,800 $22,117,200	$300,000 3,651,200 ($3,351,200)
*4. Judicial Information Systems* Reflects elimination of two sources of funding for judicial information systems: $2.0 million IDG from state police (used to develop statewide database for criminal dispositions) and a $115,300 grant from the National Highway Traffic Safety Administration (NHTSA) and used for various projects over the years.	Gross IDG/IDT Federal GF/GP	$4,608,500 2,015,000 115,300 $2,478,200	($2,130,300) (2,015,000) (115,300) $0
*5. Other Increases in Restricted Revenue* Recognizes increased revenues flowing into the Justice System Fund and the Court Fund. Revenues derive fromcivil infraction assessments and statutory state costs in criminal cases, and are allocated by statute to various programs. In addition to the drug court fund and the court equity fund (see above), revenue increases are anticipated for indigent civil legal assistance ($600,000) and the state court administrative office (which receives a portion of the revenue to offset its costs of overseeing fee collections).	Gross Restricted GF/GP	N/A N/A N/A	$720,000 720,000 $0
*6. Court of Appeals Filing and Motion Fees* Incorporates anticipated increase of $62,500 in filing fee revenues, due to increased filing fee volume. Also, assumes that the 10/1/05 sunset on the on motion fee increase will be postponed, with the result that $87,500 in motion fee revenue will be retained rather than lost.	Gross Restricted GF/GP	$1,7911,800 1,823,800 $16,088,000	$62,500 62,500 $0
*7. FY 2004-05 Employee Concessions* Provides partial restoration of funding lost under FY2004-05 employee concessions. Executive recommended full restoration of $1.5 million Gross, $1.4 million GF/GP; conference report reduces this by $800,000.	Gross GF/GP	N/A N/A	$696,900 $590,700
*8. Contract and Insurance Savings* Reflects $373,400 in newly-identified savings to be achieved in employee health care and retirement benefits. Savings of $34,600 in insurances, and $338,800 in retirement costs.	Gross GF/GP	N/A N/A	($373,400) ($373,400)
*9. Economics* Funds economics at a total of $2,498,700 Gross, $2,271,200 GF/GP. Total calculated economic adjustments would be w $645,200 gross, $593,900 GF/GP for insurances w $842,100 gross, $775,200 GF/GP for retirement w $1.2 million gross and GF/GP for building occupancy charges. Includes an economic decrease of $153,000 (gross and GF/GP) for workers' compensation. Does not include adjustments for anticipated 1.5% wage and salary increase occurring in FY 2005-06, which for judicial employees would total about $600,000. Economic adjustment figures do not reflect newly-identified savings in costs of employee benefits and retirement, described above.	Gross GF/GP	N/A N/A	$2,498,700 $2,380,500

Major Budget Changes from FY 2004-05 YTD Appropriations:

FY 2004-05 YTD

(as of 2/10/05)

Conference Change

from YTD

1. Judgeship Changes

Funds recently-enacted changes in judgeships: $184,600 to provide full-year costs of judgeships added January 1, 2005 and funded accordingly in FY 2004-05, and $233,000 to fund the FY 2005-06 costs of converting part-time probate judges to full-time.

Gross

Restricted

GF/GP

$92,163,000

7,090,200

$85,072,800

$417,600

$417,600

2. Drug Court Grant Program

Recognizes increased revenue for the drug court fund, and uses a portion of that revenue to offset GF/GP support for the program. Affected revenue derives from civil infraction assessements and statutory state costs in criminal cases.

Gross

IDG

Federal

Restricted

GF/GP

$4,635,000

1,800,000

300,000

1,688,300

$846,700

$100,000

232,200

($132,200)

3. Court Equity Grant Program

Recognizes increased revenue for the court equity fund, and uses the bulk of that revenue to offset GF/GP appropriations for the program. The court equity fund supports a grant program that reimburses countiesfor trial court operations based on a statutory formula that recognizes circuit and probate caseloads and the numbers of judgeships.

Gross

Restricted

GF/GP

$68,906,000

46,788,800

$22,117,200

$300,000

3,651,200

($3,351,200)

4. Judicial Information Systems

Reflects elimination of two sources of funding for judicial information systems: $2.0 million IDG from state police (used to develop statewide database for criminal dispositions) and a $115,300 grant from the National Highway Traffic Safety Administration (NHTSA) and used for various projects over the years.

Gross

IDG/IDT

Federal

GF/GP

$4,608,500

2,015,000

115,300

$2,478,200

($2,130,300)

(2,015,000)

(115,300)

5. Other Increases in Restricted Revenue

Recognizes increased revenues flowing into the Justice System Fund and the Court Fund. Revenues derive fromcivil infraction assessments and statutory state costs in criminal cases, and are allocated by statute to various programs. In addition to the drug court fund and the court equity fund (see above), revenue increases are anticipated for indigent civil legal assistance ($600,000) and the state court administrative office (which receives a portion of the revenue to offset its costs of overseeing fee collections).

Gross

Restricted

GF/GP

N/A

N/A

$720,000

720,000

6. Court of Appeals Filing and Motion Fees

Incorporates anticipated increase of $62,500 in filing fee revenues, due to increased filing fee volume. Also, assumes that the 10/1/05 sunset on the on motion fee increase will be postponed, with the result that $87,500 in motion fee revenue will be retained rather than lost.

Gross

Restricted

GF/GP

$1,7911,800

1,823,800

$16,088,000

$62,500

62,500

7. FY 2004-05 Employee Concessions

Provides partial restoration of funding lost under FY2004-05 employee concessions. Executive recommended full restoration of $1.5 million Gross, $1.4 million GF/GP; conference report reduces this by $800,000.

Gross

GF/GP

N/A

N/A

$696,900

$590,700

8. Contract and Insurance Savings

Reflects $373,400 in newly-identified savings to be achieved in employee health care and retirement benefits. Savings of $34,600 in insurances, and $338,800 in retirement costs.

Gross

GF/GP

N/A

N/A

($373,400)

($373,400)

9. Economics

Funds economics at a total of $2,498,700 Gross, $2,271,200 GF/GP. Total calculated economic adjustments would be

w $645,200 gross, $593,900 GF/GP for insurances

w $842,100 gross, $775,200 GF/GP for retirement

w $1.2 million gross and GF/GP for building occupancy charges.

Includes an economic decrease of $153,000 (gross and GF/GP) for workers' compensation.

Does not include adjustments for anticipated 1.5% wage and salary increase occurring in FY 2005-06, which for judicial employees would total about $600,000.

Economic adjustment figures do not reflect newly-identified savings in costs of employee benefits and retirement, described above.

Gross

GF/GP

N/A

N/A

$2,498,700

$2,380,500

Major Boilerplate Changes from FY 2004-05:
*Sec. 204. Contact with Legislature –* NEW Forbids disciplinary action against any judicial branch employee for communicating with legislator or legislative staff.
*Sec. 304. Cooperation with Auditor General –* DELETED Deletes provision requiring judicial branch to cooperate with auditor general regarding judicial branch audits.
**Sec. 305. Quarterly Reports on Judicial Accounts –DELETED** Deletes requirement for judiciary to report quarterly on the status of judicial accounts.
**Sec. 310. Drug Court Evaluation –MODIFIED** Moves up deadline for report on drug court evaluation from June 1 to April 1.
**Sec. 313. Judicial Technology Improvement Fund/Cyber Court –DELETED** Retains language establishing criteria for use of Judicial Technology Improvement Fund (JTIF) and explicitly allowing bill's appropriations be used for cyber court.

Major Boilerplate Changes from FY 2004-05:

Sec. 204. Contact with Legislature – NEW

Forbids disciplinary action against any judicial branch employee for communicating with legislator or legislative staff.

Sec. 304. Cooperation with Auditor General – DELETED

Deletes provision requiring judicial branch to cooperate with auditor general regarding judicial branch audits.

Sec. 305. Quarterly Reports on Judicial Accounts –DELETED

Deletes requirement for judiciary to report quarterly on the status of judicial accounts.

Sec. 310. Drug Court Evaluation –MODIFIED

Moves up deadline for report on drug court evaluation from June 1 to April 1.

Sec. 313. Judicial Technology Improvement Fund/Cyber Court –DELETED

Retains language establishing criteria for use of Judicial Technology Improvement Fund (JTIF) and explicitly allowing bill's appropriations be used for cyber court.