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AN ACT making appropriations for the operations, maintenance, support, and 1
functioning of the Judicial Branch of the government of the Commonwealth of Kentucky 2
and its various officers, boards, commissions, subdivisions, and other state-supported 3
activities. 4
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 5
Section 1. The Judicial Branch Budget is as follows: 6
PART I 7
OPERATING BUDGET 8
(1) Funds Appropriations: There is appropriated out of the General Fund, 9
Restricted Funds accounts, or Federal Funds accounts for the fiscal year beginning July 1, 10
2023, and ending June 30, 2024, for the fiscal year beginning July 1, 2024, and ending 11
June 30, 2025, and for the fiscal year beginning July 1, 2025, and ending June 30, 2026, 12
the following sums to be used for the purposes of the Judicial Branch of the government 13
of the Commonwealth of Kentucky, including the Supreme Court, Court of Appeals, 14
Circuit Court, Family Court, District Court, the Administrative Office of the Courts, 15
Judicial Retirement, Local Facilities Fund, Local Facilities Use Allowance Contingency 16
Fund, and for services performed by the Circuit Court Clerks' offices, including both 17
Circuit and District Court support. 18
A. JUDICIAL BRANCH 19
Budget Units 20
1. COURT OF JUSTICE 21
a. Court Operations and Administration 22
2024-25 2025-26 23
General Fund 317,432,400 327,717,500 24
Restricted Funds 51,368,700 52,118,600 25
Federal Funds 3,486,600 1,817,800 26
TOTAL 372,287,700 381,653,900 27 UNOFFICIAL COPY 24 RS HB 264/EN
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(1) Civil Filing Fees: Pursuant to its authority, if the Supreme Court retains the 1
increases in civil filing fees that were effective in 2008 and 2018, the additional income 2
resulting from the fee increases, not to exceed $15,468,100 in each fiscal year, shall be 3
deposited into a trust and agency account for court operations and salaries for non-elected 4
personnel. Any revenue generated by these increases in excess of the $15,468,100 in each 5
fiscal year shall be deposited into the General Fund. 6
(2) Mental Health Court Expansion: Included in the above General Fund 7
appropriation is $1,587,900 in fiscal year 2024-2025 and $1,491,900 in fiscal year 2025-8
2026 for expansion of mental health court by ten sites, including Bourbon, Scott, and 9
Woodford Counties. 10
(3) Additional Positions: Included in the above General Fund appropriation is 11
$563,500 in fiscal year 2024-2025 and $528,500 in fiscal year 2025-2026 to support 12
additional positions. 13
(4) Utilization of Video Arraignment Technology: (a) Notwithstanding any 14
statute to the contrary, courts shall use the video arraignment system set forth in 2021 Ky. 15
Acts ch. 194, sec. 14, (1), (a), when available. 16
(b) Notwithstanding any statute to the contrary, if a court does not use the video 17
arraignment system referenced in paragraph (a) of this subsection, when available, the 18
Administrative Office of the Courts shall be responsible for the costs associated with 19
transporting prisoners to and from arraignments. 20
b. Local Facilities Fund 21
2024-25 2025-26 22
General Fund 132,775,500 138,318,600 23
(1) Local Facility Projects: Included in the above General Fund appropriation is 24
$3,219,100 in fiscal year 2024-2025 and $8,207,200 in fiscal year 2025-2026 to support 25
the use allowance, operating, and non-recurring furniture and equipment costs for six 26
judicial centers authorized by the 2020 General Assembly and two judicial center projects 27 UNOFFICIAL COPY 24 RS HB 264/EN
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authorized by the 2022 General Assembly. 1
(2) Local Court Facility Compensation: Included in the above General Fund 2
appropriation are moneys to compensate local units of government for providing court 3
space and for costs incurred in the development of local court facilities as defined in KRS 4
Chapter 26A and provided for in Part II, Capital Projects Budget, of this Act, and to 5
perform all other acts required or authorized by KRS Chapter 26A. 6
(3) Use Allowance Payments to Counties: Pursuant to KRS 26A.090(2), 7
beginning with court facility construction or renovation projects authorized by the 2000 8
Regular Session of the General Assembly and all subsequent court facility projects, use 9
allowance payments are restricted to the court's proportional share of the annual principal 10
and interest costs in connection with the construction or renovation of the facility, not to 11
exceed the authorized annual use allowance. 12
(4) Court Facility Maintenance Fund: (a) Notwithstanding KRS 13
26A.090(2), when there is no debt on court facility construction or renovation projects 14
authorized prior to the 2000 Regular Session of the General Assembly, use allowance is 15
restricted to compensation equal to two percent annually of capital costs to be paid to the 16
county unit of government and two percent annually to be retained by the Administrative 17
Office of the Courts and directed to a separate fund specifically for maintenance of court 18
facilities. 19
(b) The fund created pursuant to paragraph (a) of this subsection shall be used for 20
routine, ongoing, planned, and unanticipated maintenance for court facilities. 21
(c) Notwithstanding KRS 45.750, any maintenance project estimated to cost 22
$3,000,000 or less for a local court facility is not considered to be a capital project 23
requiring authorization of the General Assembly in the Judicial Branch Budget and may 24
be completed using funds appropriated to the Judicial Branch for maintenance of local 25
facilities or other agency funds of the Judicial Branch. 26
(5) Maintenance Pool: Included in the above General Fund appropriation is 27 UNOFFICIAL COPY 24 RS HB 264/EN
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$3,000,000 in each fiscal year to create a maintenance pool for planned and unanticipated 1
non-capital projects for local courthouses and judicial centers. 2
(6) Debt Service: Included in the above General Fund appropriation is $570,000 3
in fiscal year 2024-2025 and $1,140,000 in fiscal year 2025-2026 to support debt service 4
for new bonds as set forth in Part II, Capital Projects Budget, of this Act. 5
(7) Additional Use Allowance: Included in the above General Fund 6
appropriation is $1,462,200 in each fiscal year to support additional use allowance for 7
previously authorized courthouse projects in Butler, Clinton, and Crittenden counties. 8
(8) Asset Preservation Pool - HVAC, Roof, and Electrical Upgrades: The 9
Administrative Office of the Courts shall prepare a report on the Asset Preservation - 10
HVAC, Roof, Electrical project authorized in Part II, Capital Projects Budget, of this Act, 11
including but not limited to the projects funded in the asset preservation pool, the current 12
status of each project and projected completion date, and the amount expended on each 13
project and for the pool in total. The Administrative Office of the Courts shall submit this 14
report on a quarterly basis beginning November 1, 2024, to the Interim Joint Committee 15
on Appropriations and Revenue. 16
(9) Asset Preservation Pool – Renovations: The Administrative Office of the 17
Courts shall prepare a report on the Asset Preservation - Renovations project authorized 18
in Part II, Capital Projects Budget, of this Act, including but not limited to the projects 19
funded in the asset preservation pool, the current status of each project and projected 20
completion date, and the amount expended on each project and for the pool in total. The 21
Administrative Office of the Courts shall submit this report on a quarterly basis 22
beginning November 1, 2024, to the Interim Joint Committee on Appropriations and 23
Revenue. 24
(10) Metcalfe County Courthouse: Included in the above General Fund 25
appropriation is $15,000 in fiscal year 2024-2025 to construct a statue on the courthouse 26
grounds of the Metcalfe County Courthouse. Notwithstanding any statute to the contrary, 27 UNOFFICIAL COPY 24 RS HB 264/EN
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the Metcalfe County Courthouse shall be named the Tom Emberton Metcalfe County 1
Courthouse. 2
c. Local Facilities Use Allowance Contingency Fund 3
(1) Funds Carry Forward: Notwithstanding KRS 45.229, any unexpended 4
balance remaining at the close of fiscal year 2023-2024 shall not lapse and shall continue 5
into fiscal year 2024-2025, and any unexpended balance remaining at the close of fiscal 6
year 2024-2025 shall not lapse and shall continue into fiscal year 2025-2026 to provide 7
for cost overruns in authorized court facilities projects not to exceed 15 percent of the use 8
allowance in accordance with KRS Chapter 26A. 9
TOTAL – COURT OF JUSTICE 10
2024-25 2025-26 11
General Fund 450,207,900 466,036,100 12
Restricted Funds 51,368,700 52,118,600 13
Federal Funds 3,486,600 1,817,800 14
TOTAL 505,063,200 519,972,500 15
2. JUDICIAL FORM RETIREMENT SYSTEM 16
2024-25 2025-26 17
General Fund 660,000 703,000 18
Restricted Funds 691,900 693,900 19
TOTAL 1,351,900 1,396,900 20
(1) Administrative Expenses: Pursuant to KRS 21.540, administrative expenses 21
shall be paid out of an administrative account which shall be funded by transfers of the 22
necessary moneys, in appropriate ratio, from the funds described in KRS 21.550 and 23
21.560. Notwithstanding Part III, 7. of this Act, Restricted Funds appropriations may be 24
increased to ensure sufficient funding to support the Judicial Form Retirement System. 25
(2) Pension Benefit Increase: Notwithstanding KRS 21.405(5), no pension 26
benefit increase shall be granted to recipients of a retirement allowance under KRS 27 UNOFFICIAL COPY 24 RS HB 264/EN
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21.345 to 21.580 on July 1, 2024, or July 1, 2025. 1
TOTAL - JUDICIAL BRANCH 2
2024-25 2025-26 3
General Fund 450,867,900 466,739,100 4
Restricted Funds 52,060,600 52,812,500 5
Federal Funds 3,486,600 1,817,800 6
TOTAL 506,400,100 521,369,400 7
PART II 8
CAPITAL PROJECTS BUDGET 9
(1) Authorization of Capital Projects: It is the intent of the General Assembly 10
that any capital project proposed by any state government entity, including the agencies 11
and subdivisions of the Court of Justice, shall be authorized by the General Assembly 12
prior to the project’s financing and construction, in accordance with KRS 7A.010, 13
7A.120, 45.750, 45.760, 45.763, 45.765, and 48.110. Pursuant to KRS 45.760(1), the 14
amount allotted, from all sources, for expenditure on any capital project, including leases 15
as defined by KRS 45.750, shall not exceed the estimated cost as shown in this Act. 16
(2) Capital Projects and Bond Oversight Committee: Capital construction 17
projects and major items of equipment that are not specifically listed in this Act may be 18
authorized only after submission of the project to the Capital Projects and Bond 19
Oversight Committee and in accordance with the other requirements of KRS 45.760(7). 20
Moneys may be transferred to the allotment account of any capital project only after 21
submission of the project to the Capital Projects and Bond Oversight Committee and in 22
accordance with the other requirements of KRS 45.760(6). As required by KRS 45.760, 23
all capital construction items authorized in this Act shall be constructed in accordance 24
with this Act, supporting documentation considered by the General Assembly, and 25
Judicial Branch budget records. Any modifications to the scope of a capital construction 26
project or to a lease shall be reported to the Capital Projects and Bond Oversight 27 UNOFFICIAL COPY 24 RS HB 264/EN
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Committee before execution. 1
(3) Court Facility Planning Process: A feasibility study completed by a 2
certified architect not otherwise involved with the project shall be provided to the Project 3
Development Board to assist in making a determination whether the needs of the 4
community and the Court of Justice can best be met through the construction of a 5
freestanding building, or through an addition and/or renovation of the existing court 6
facility. 7
(4) Deferred Funding: (a) General Fund support to provide operating costs 8
totaling $240,000 and annualized use allowance payments totaling $2,352,900 and 9
$500,000 for nonrecurring equipment and furniture costs for the Owsley County project 10
is deferred to the 2026-2028 biennium. 11
(b) General Fund support to provide operating costs totaling $311,000 and 12
annualized use allowance payments totaling $3,020,500 and $500,000 for nonrecurring 13
equipment and furniture costs for the Greenup County project is deferred to the 2026-14
2028 biennium. 15
(c) General Fund support to provide operating costs totaling $470,000 and 16
annualized use allowance payments totaling $4,551,700 and $500,000 for nonrecurring 17
equipment and furniture costs for the Knox County project is deferred to the 2026-2028 18
biennium. 19
(d) General Fund support to provide operating costs totaling $600,000 and 20
annualized use allowance payments totaling $5,803,600 and $1,000,000 for nonrecurring 21
equipment and furniture costs for the Clark County project is deferred to the 2026-2028 22
biennium. 23
(e) General Fund support to provide operating costs totaling $290,000 and 24
annualized use allowance payments totaling $2,826,600 and $500,000 for nonrecurring 25
equipment and furniture costs for the Caldwell County project is deferred to the 2026-26
2028 biennium. 27 UNOFFICIAL COPY 24 RS HB 264/EN
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(f) It is the intent of the General Assembly that the projects in paragraphs (a), (b), 1
(c), (d), and (e) of this subsection shall be funded using resources previously appropriated 2
for projects that no longer require use allowance debt payments in the 2026-2028 fiscal 3
biennium. 4
(5) Local Facilities Use Allowance Contingency Fund: For any court facility 5
project which is occupied and use allowance funding is insufficient, the use allowance 6
payments shall be approved from the Local Facilities Use Allowance Contingency Fund. 7
If funds are not available in the Local Facilities Use Allowance Contingency Fund, the 8
Chief Justice may transfer funds from other Judicial Branch accounts to make the 9
necessary payments. 10
(6) Facility Title: Pursuant to KRS Chapter 26A, Hardin County shall accept title 11
to the facility as set out in 2022 Ky. Acts ch. 162, Part II, A., 2., 004., Hardin County – 12
HVAC Project, within six months of notification by the Administrative Office of the 13
Courts of the completion of the project. 14
(7) Critical and High Category Court Facilities: The Court of Justice is 15
authorized to proceed with the planning, design, and construction of four courthouses that 16
are currently identified as Critical or High need by the Administrative Office of the 17
Courts’ Courthouse Assessment County Ranking, created pursuant to KRS 26A.160, in a 18
county where the General Assembly has approved a new judgeship that has taken office 19
within the previous four years or in a county with special needs for office space for an 20
appellate judge and/or where the circuit clerk’s office is in a different building than the 21
current building in which court takes place, while taking population into consideration. 22
A. JUDICIAL BRANCH 23
Budget Units 2024-25 2025-26 24
1. LOCAL FACILITIES FUND 25
Project Project Scope 26
001. Owsley 28,015,000 27 UNOFFICIAL COPY 24 RS HB 264/EN
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002. Greenup 35,330,000 1
003. Knox 53,255,000 2
004. Clark 67,910,000 3
005. Caldwell 33,060,000 4
006. Construction - Court of Appeals 5
Bond Funds 14,100,000 -0- 6
007. Asset Preservation - HVAC, Roof, Electrical 7
General Fund 47,080,000 -0- 8
008. Asset Preservation - Renovations 9
General Fund 6,420,000 -0- 10
2. LEASE AUTHORIZATIONS 11
001. Franklin County - Lease - Court of Appeals 12
002. Jefferson County - Lease - Parking 13
003. Madison County - Lease - Family Court 14
PART III 15
GENERAL PROVISIONS 16
1. Expenditure Authority: The Director of the Administrative Office of the 17
Courts, with the approval of the Chief Justice, may expend any of the funds appropriated 18
for court operations and administration in any lawful manner and for any legal purpose 19
that the Chief Justice shall authorize or direct. No executive agency of state government 20
shall have the power to restrict or limit the expenditure of funds appropriated to the 21
Judicial Branch of government, except that funds appropriated in this Act shall not be 22
expended for any purpose not specifically authorized by the General Assembly in this 23
Act. The Court of Justice shall prepare a report of actual expenditures citing specific 24
statutory or budgetary authorization for the reported expenditures and detailing 25
expenditures for the Supreme Court, Court of Appeals, Circuit Court, Family Court, 26
District Court, Administrative Office of the Courts, Judicial Retirement, Local Facilities 27 UNOFFICIAL COPY 24 RS HB 264/EN
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Fund, Local Facilities Use Allowance Contingency Fund, and for services performed by 1
the Circuit Court Clerks' offices. The Court of Justice shall provide this report on a 2
quarterly basis to the Interim Joint Committee on Appropriations and Revenue. 3
2. Severability of Budget Provisions: Appropriation items and sums in this Act 4
conform to KRS 48.311. If any section, any subsection, or any provision thereof shall be 5
invalid or unconstitutional, the decision of the courts shall not affect or impair any of the 6
remaining sections, subsections, or provisions. 7
3. Duplicate Appropriations: Any appropriation item and sum in this Act and 8
in an appropriation provision in another Act of the 2024 Regular Session of the General 9
Assembly which constitutes a duplicate appropriation shall be governed by KRS 48.312. 10
4. Priority of Individual Appropriations: KRS 48.313 shall control when a 11
total or subtotal figure in this Act conflicts with the sum of the appropriations of which it 12
consists. 13
5. Carry Forward of Funds: Notwithstanding KRS 45.229, any unexpended 14
balance remaining at the close of the fiscal years ending June 30, 2024, June 30, 2025, 15
and June 30, 2026, shall not lapse and shall continue into the next fiscal year. 16
6. Final Budget Document: The Director of the Administrative Office of the 17
Courts shall prepare a final budget document reflecting the 2024-2026 biennial budget of 18
the Court of Justice. A copy shall be provided to the Legislative Research Commission, 19
and an informational copy shall be furnished to the Finance and Administration Cabinet, 20
within 60 days of the adjournment of the 2024 Regular Session of the General Assembly. 21
7. Appropriations Revisions: Notwithstanding KRS 48.630(10), no revisions 22
for unbudgeted Restricted Funds appropriations for expenditure shall be allotted or 23
expended that have not been appropriated in any enacted branch budget bill or without 24
the express authority of the General Assembly. Proposed revisions to unbudgeted Federal 25
Funds appropriations for expenditure in this Act shall be made and reported to the Interim 26
Joint Committee on Appropriations and Revenue. The Director of the Administrative 27 UNOFFICIAL COPY 24 RS HB 264/EN
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Office of the Courts shall notify, on a timely basis, the Legislative Research Commission 1
of the most current estimates of anticipated receipts for the affected fiscal year and an 2
accompanying statement which explains variations from the anticipated amount. 3
8. Maximum Salary of Trial Commissioners: Notwithstanding KRS 4
24A.100(3), no trial commissioner shall be compensated at a rate greater than $6,000 per 5
year. No funding is provided for trial commissioners commissioned in counties with a 6
residing District Judge. 7
9. Authorized Personnel Complement: On July 1, 2024, the Administrative 8
Office of the Courts shall establish a record for each budget unit of authorized permanent 9
full-time and all other positions based upon the enacted Judicial Budget of the 10
Commonwealth and any adjustments authorized by provisions in this Act. The total 11
number of filled permanent full-time and all other positions shall not exceed the 12
authorized complements pursuant to this section. The Director of the Administrative 13
Office of the Courts may request an increase in the number of authorized positions to the 14
Chief Justice. Upon approval, the Administrative Office of the Courts may authorize the 15
employment of individuals in addition to the authorized complement. A report of the 16
actions authorized in this section shall be provided to the Interim Joint Committee on 17
Appropriations and Revenue on a monthly basis. 18
10. Debt Restructuring: Notwithstanding any other provision of the Kentucky 19
Revised Statutes, use allowance payments shall not be amended to reflect debt 20
restructuring transactions undertaken by a county during the 2024-2026 fiscal biennium. 21
11. Court Facility Maintenance Fund Report: For each of the periods ending 22
June 30, 2024, June 30, 2025, and June 30, 2026, the Director of the Administrative 23
Office of the Courts shall prepare a court facility maintenance report. This report shall 24
detail all court facility maintenance undertaken by the Court of Justice, to include any 25
cost-sharing with counties, as well as detail regarding future maintenance needs. This 26
report shall include a statewide expenditure summary followed by individual county 27 UNOFFICIAL COPY 24 RS HB 264/EN
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expenditures detailing the state's and county's respective share of expenditures. The 1
Administrative Office of the Courts shall provide this report to the Interim Joint 2
Committee on Appropriations and Revenue by September 15 of each fiscal year. 3
12. Biennial Audits: The Auditor of Public Accounts shall have the right to 4
review, upon request, the accountant’s work papers. 5
13. Budgetary Restructuring: The Court of Justice shall prepare a report to be 6
submitted to the Interim Joint Committee on Appropriations and Revenue by September 7
1 of each fiscal year detailing the existing budget processes of the Court of Justice and 8
the actual expenditure of funds from the prior fiscal year and budgeted expenditures for 9
the current fiscal year by fund source and individual location or office, for the Supreme 10
Court, Court of Appeals, Circuit Court, Family Court, District Court, Administrative 11
Office of the Courts, Judicial Retirement, Local Facilities Fund, Local Facilities Use 12
Allowance Contingency Fund, and for services performed by the Circuit Court Clerks' 13
offices. 14
14. Unexpended Use Allowance: Notwithstanding any provision of the 15
Kentucky Revised Statutes, any General Fund moneys appropriated for project-related 16
expenses or use allowance payments in fiscal years 2024-2025 and 2025-2026 that are 17
not expended specifically for project-related expenses or use allowance payments in the 18
fiscal year in which appropriated shall be transferred to the Budget Reserve Trust Fund 19
Account (KRS 48.705). 20
15. Salary Increase for Personnel: Notwithstanding KRS 64.480(2), included in 21
the General Fund, Restricted Funds, and Federal Funds appropriations in Part I of this 22
Act are sufficient funds to support a three percent salary increase on the base salary and 23
wages of each eligible employee effective July 1, 2024 and a three percent increase on 24
the base salary or wages of each eligible employee effective July 1, 2025. 25
16. Juror Pay Study: The Administrative Office of the Courts shall study the 26
potential ways an increase in juror pay can impact timely case disposition, including but 27 UNOFFICIAL COPY 24 RS HB 264/EN
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not limited to juror attendance rates and a comparison of Kentucky's juror pay to 1
surrounding states. The Finance and Administration Cabinet shall work with the 2
Administrative Office of the Courts to determine the potential costs of implementing 3
increased juror pay that is most likely to yield optimal rates for case disposition. 4
17. Application for Federal Funds: Notwithstanding any statute to the contrary, 5
the Court of Justice shall report to the Interim Joint Committee on Appropriations and 6
Revenue, within 30 days, any new federally funded programs for which funding had not 7
previously been awarded without authorization by the General Assembly. 8
PART IV 9
BUDGET REDUCTION OR SURPLUS EXPENDITURE PLAN 10
The Judicial Branch shall participate in any Budget Reduction Plan or Surplus 11
Expenditure Plan in accordance with KRS Chapter 48, except that obligations essential to 12
the constitutional duties and use allowance of the Judicial Branch shall be exempt from 13
any Budget Reduction Plan. The level of participation in a Budget Reduction Plan shall 14
be at the discretion of the Chief Justice and shall not exceed the actual percentage of 15
revenue shortfall. 16