NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

SPONSOR:

Griego

 

DATE TYPED:

02/25/03

 

HB

 

 

SHORT TITLE:

Court of Appeals Office Improvements

 

SB

630

 

 

ANALYST:

Hayes

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

$37.3

 

See Narrative

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates Appropriation in the General Appropriation Act

 

SOURCES OF INFORMATION

 

Responses Received From

Administrative Office of the Courts (AOC)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 630 appropriates $37.3 to the Administrative Office of the Courts (AOC) from the general fund in order to provide additional funding for travel, education, technology improvements and operating costs for the Court of Appeals.   Ten thousand dollars ($10.0) of this appropriation is nonrecurring funding to be used for design improvements for the Court of Appeals office building at the UNM Law School.

 

     Significant Issues

 

  1. According to the Judicial Education Center, virtually all of the funding for CLE, education and travel for judges, magistrates and magistrate court clerks is provided by the judicial education fund administered by the Judicial Education Center.  In FY04,  the LFC’s recommended funding for travel, mileage and education funding for the Court of Appeals is $26.3, and the court can also receive funding from the judicial education fund.

 

  1. In regards to the Court of Appeals need for “operating costs,” it is unknown what is being requested.  The court’s recommended budget for the Other Costs category is flat for FY04.

 

  1. The $10.0 requested for design and remodeling of the Court of Appeals office building in Albuquerque to provide for an additional judge.  The one-time appropriation would be for design and construction of an office for an additional judge.  In the meantime, HAFC has approved $10.0 in nonrecurring funding for this construction.

 

FISCAL IMPLICATIONS

 

Of the $37.3 appropriation contained in this bill, $27.3 is a recurring expense to the general fund and $10.0 is non-recurring.  Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

 

The LFC also did not recommend any of the additional funding during the budget cycle as requested in this bill because of the Court of Appeals general fund reversions.  In the last three fiscal years, the court has reverted over $100.0 (see below). 

 

FY00                           FY01                           FY02

 

$22,884                       43,693                         $57,000*

 

*This is the Court of Appeals estimate.  Final audit report has not yet been

received to confirm exact general fund reversion amount.

 

TECHNICAL ISSUES

 

If enacted, funding related to the Court of Appeals outlined in this bill should be appropriated directly to the Court of Appeals, not the Administrative Office of the Courts.

 

CMH/sb