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2012 Session

Budget Amendments - HB29 (Committee Approved)

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Adjust Savings From Judicial Vacancies (language only)

Item 52 #1h

Item 52 #1h

Judicial Department
Judicial Department Reversion Clearing Account

Language
Page 13, line 23, strike "Not set out." and insert:
Judicial Department Reversion Clearing Account (104)
52. Across the Board Reductions  (71400) -3,022,600 -3,022,600
Fund Sources: General -3,022,600 -3,022,600
Authority: Discretionary Inclusion.
A. On or before June 30, 2011, the Director, Department of Planning and Budget, shall authorize the reversion to the general fund of $2,300,000 representing additional savings generated by agencies within the Judicial Department in the first year.
B. On or before June 30, 2012, the Director, Department of Planning and Budget, shall authorize the reversion to the general fund of $2,300,000 representing additional savings generated by agencies within the Judicial Department in the second year.
C.1. Notwithstanding the provisions of §§ 16.1-69.6:1 or 17.1-507, Code of Virginia, the total number of authorized judges in any judicial district or circuit shall be reduced by a number equal to the number of judges retiring, dying or resigning from that district or circuit for any authorized judgeship which was vacant or became vacant on or after February 15, 2010, and before July 1, 2010, effective upon the resignation, death or retirement date of each such judge.
2. Furthermore, notwithstanding the provisions of §§ 16.1-69.6:1 or 17.1-507, Code of Virginia, the total number of authorized judges in any judicial district or circuit shall be reduced by a number equal to the number of judges retiring, dying or resigning from that district or circuit on or after July 1, 2010, and on or before June 30, 2012, effective upon the resignation, death or retirement date of each such judge.
3. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Second Judicial Circuit in which the retiring incumbent judge was a resident of Northampton or Accomack County.
4. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Second Judicial Circuit in which the retiring incumbent judge was a resident of the City of Virginia Beach and retired prior to July 1, 2010.
5. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Fifth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2011.
6. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Sixth Judicial Circuit.
7. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Ninth Judicial Circuit in which the judgeship became vacant prior to July 1, 2010.
8. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Tenth Judicial Circuit in which the retiring incumbent judge retired after January 1, 2011, but prior to July 1, 2011.
9. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Eleventh Judicial Circuit in which the retiring incumbent judge retired after January 1, 2010, but prior to July 1, 2010.
10. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Fourteenth Judicial Circuit in which the retiring incumbent judge retired after January 1, 2011, but prior to July 1, 2011.
11. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Fifteenth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2011.
12. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Eighteenth Judicial Circuit.
13. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-fourth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2010.
14. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-sixth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2011.
15. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-seventh Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2010.
16. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Thirtieth Judicial Circuit in which the vacancy occurred prior to July 1, 2011.
17. Effective July 1, 2011, the provisions of this item shall not apply to any authorized general district court judgeship in the Second Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.
18. Effective July 1, 2011, the provisions of this item shall not apply to any authorized general district court judgeship in the Sixth Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.
19. Effective July 1, 2011, the provisions of this item shall not apply to any authorized general district court judgeship in the Twelfth Judicial District in which the retiring incumbent judge retired prior to July 1, 2011.
20. Effective July 1, 2011, the provisions of this item shall not apply to any authorized general district court judgeship in the Twentieth Judicial District in which the retiring incumbent judge retired after January 1, 2010, but prior to July 1, 2010.
21. Effective July 1, 2011, the provisions of this item shall not apply to any authorized juvenile and domestic relations general district court judgeship in the Eleventh Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.
22. Effective July 1, 2011, the provisions of this item shall not apply to any authorized juvenile and domestic relations general district court judgeship in the Fifteenth Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.
23. Effective July 1, 2011, the provisions of this item shall not apply to any authorized juvenile and domestic relations general district court judgeship in the Twenty-seventh Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.
24. Effective July 1, 2011, the provisions of this item shall not apply to any authorized judgeship in which the vacancy occurred as a result of a judge being appointed to a judgeship on another Virginia court, provided such appointment is to another authorized judgeship which is funded as provided herein or by existing law.
3.
25. On or before June 30, 2011, the Director, Department of Planning and Budget, shall authorize the reversion to the general fund of $3,980,151 from items within the Judicial Department representing savings generated from the reduction in the number of authorized judges in the first year.
4.
26. On or before June 30, 2012, the Director, Department of Planning and Budget, shall authorize the reversion to the general fund of
$6,531,919
$1,788,917
$4,588,352
from items within the Judicial Department representing savings generated from the reduction in the number of authorized judges in the second year.
D. On or before June 30, 2011, the Director of the Department of Planning and Budget shall authorize the reversion to the general fund of $297,171, representing additional savings generated within the Indigent Defense Commission."


Explanation
(This amendment adjusts the savings assumed in fiscal year 2012 for judicial vacancies to reflect current vacancies. The amendment sets out all of the language originally included in the Judicial Department Reversion Clearing Account as this Item was not set out in House Bill 29.)