REPORT TITLE:
Judiciary Budget

DESCRIPTION:
Judiciary Appropriations Act of 1999.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1450        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE JUDICIARY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1                    PART I.  GENERAL PROVISIONS
 
 2      SECTION 1.  This Act shall be known and may be cited as the
 
 3 Judiciary Appropriations Act of 1999.
 
 4      SECTION 2.  Unless otherwise clear from the context, as used
 
 5 in this Act:
 
 6      (a)  "Program ID" means the unique identifier for the
 
 7 specific program, and consists of the abbreviation for the
 
 8 judiciary (JUD) followed by a designated number for the program.
 
 9      (b)  "Means of Financing," or "MOF," means the source from
 
10 which funds are appropriated, or authorized, as the case may be,
 
11 to be expended for the programs and projects specified in this
 
12 Act.  All appropriations are followed by letter symbols.  Such
 
13 letter symbols, where used, shall have the following meanings:
 
14                A    General funds
 
15                B    Special funds
 
16                C    General obligation bond funds
 
17                N    Other federal funds
 
18                W    Revolving funds
 
19      (c)  "Position ceiling" means the maximum number of
 

 
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 1 permanent positions authorized for a particular program during a
 
 2 specified period or periods, as noted by an asterisk.
 
 3                 PART II.  PROGRAM APPROPRIATIONS
 
 4      SECTION 3.  The following sums, or so much thereof as may be
 
 5 sufficient to accomplish the purposes and programs designated
 
 6 herein, are appropriated or authorized from the sources of
 
 7 funding specified to the judiciary for the fiscal biennium
 
 8 beginning July 1, 1999, and ending June 30, 2001.  The total
 
 9 expenditures and the number of permanent positions established in
 
10 each fiscal year of the fiscal biennium shall not exceed the sums
 
11 and the position ceilings indicated for each year, except as
 
12 provided in this Act.
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 1              P R O G R A M  A P P R O P R I A T I O N S
 2 ----------------------------------------------------------------------
 3                                      A P P R O P R I A T I O N S
 4 ITEM  PROG.     PROGRAM   EXPENDING           FISCAL  M      FISCAL  M
 5  NO.  ID                   AGENCY              YEAR   O       YEAR   O
 6                                               1999-00 F      2000-01 F
 7 ----------------------------------------------------------------------
 8 
 9 The Judicial System
10 
11  1. JUD101 - COURTS OF APPEAL
12                                                  78.00*         78.00*
13          OPERATING            JUD            4,681,671A     4,702,221A
14                               JUD               75,000W        75,000W
15 
16  2. JUD111 - CIRCUIT COURTS
17                                                 490.50*        494.50*
18          OPERATING            JUD           26,332,035A    26,391,379A
19 
20  3. JUD112 - FAMILY COURTS
21                                                 413.00*        417.00*
22          OPERATING            JUD           26,665,025A    26,858,748A
23                               JUD              386,575B       386,575B
24 
25  4. JUD121 - DISTRICT COURTS
26                                                 502.50*        502.50*
27          OPERATING            JUD           18,250,563A    18,165,138A
28                                                  35.00*         35.00*
29                               JUD            1,643,033B     1,617,033B
30 
31  5. JUD201 - ADMIN. DIRECTOR SERVICES
32                                                 238.00*        241.00*
33          OPERATING            JUD           16,213,649A    16,041,286A
34                               JUD            2,080,102B     2,188,937B
35          INVESTMENT CAPITAL   JUD           32,345,000C     1,420,000C
36 

 
 
 
 
 
 
 
 
 
 
 
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 1                   PART III.  PROGRAM PROVISIONS
 
 2      SECTION 4.  Provided that whenever the need arises, the
 
 3 chief justice, in administering an equitable and expeditious
 
 4 judicial process, is authorized to transfer sufficient funds and
 
 5 positions between programs for operating purposes; provided that
 
 6 no transfer shall be made to implement any collective bargaining
 
 7 contract signed after this legislature adjourns sine die.
 
 8      SECTION 5.  Provided that if the chief justice, or any
 
 9 agency, or any government unit secures federal funds or other
 
10 property under any act of Congress, or any funds or other
 
11 property from private organizations or individuals which are to
 
12 be expended in connection with any program or works authorized by
 
13 this Act, or otherwise, the chief justice, or the agency with the
 
14 chief justice's approval, shall have the power to enter into the
 
15 undertaking with the federal government, private organization, or
 
16 individual; and provided further that while most federal aid
 
17 allocations are known and state matching funds are provided in
 
18 this Act, in instances where programs for which federal-state
 
19 cost sharing is not yet determined, the availability of federal
 
20 funds shall be construed as a proportionate reduction of state
 
21 costs whenever possible.
 
22      SECTION 6.  Provided that the judiciary is authorized to
 
23 transfer savings from its general fund appropriation to the
 

 
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 1 driver education special fund to accommodate any temporary cash
 
 2 flow deficits.
 
 3          PART IV.  CAPITAL IMPROVEMENTS PROGRAM PROJECTS
 
 4      SECTION 7.  The sum of $33,765,000 appropriated or
 
 5 authorized in part II of this Act for capital improvements
 
 6 program projects shall be expended by the judiciary for the
 
 7 projects listed below; provided that several related or similar
 
 8 projects may be combined into a single project if a combination
 
 9 is advantageous or convenient for implementation; and provided
 
10 further that the total cost of the projects thus combined shall
 
11 not exceed the total of the sums specified for the projects
 
12 separately.  (The amount after each cost element and the total
 
13 funding for each project listed in this part are in thousands of
 
14 dollars.)
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 1                     CAPITAL IMPROVEMENT PROJECTS
 2 ----------------------------------------------------------------------
 3                                              APPROPRIATIONS (IN 000'S)
 4 ITEM  CAPITAL PROJECT            EXPENDING    FISCAL  M      FISCAL  M
 5  NO.    NO.       TITLE            AGENCY      YEAR   O       YEAR   O
 6                                               1999-00 F      2000-01 F
 7 ----------------------------------------------------------------------
 8 
 9 The Judicial System
10 
11 JUD201 - ADMIN. DIRECTOR SERVICES
12 
13  1.        HOAPILI HALE UPGRADE IMPROVEMENTS, MAUI
14 
15         DESIGN, CONSTRUCTION, AND EQUIPMENT FOR
16         UPGRADE IMPROVEMENTS AT HOAPILI
17         HALE, MAUI.
18            DESIGN                                   10
19            CONSTRUCTION                            180
20            EQUIPMENT                                10
21               TOTAL FUNDING      JUD               200C            0 C
22 
23  2.        ARCHITECTURAL BARRIER REMOVAL FOR
24            JUDICIARY BUILDINGS, STATEWIDE
25 
26         PLANS, DESIGN, CONSTRUCTION, AND
27         EQUIPMENT FOR THE REMOVAL OF
28         ARCHITECTURAL BARRIERS IN JUDICIARY
29         BUILDINGS, STATEWIDE.
30            PLANS                                     1              1
31            DESIGN                                    1            125
32            CONSTRUCTION                            897            773
33            EQUIPMENT                                 1              1
34               TOTAL FUNDING                        900C           900C
35 
36  3.        REMODELING AND UPGRADING JUDICIARY
37            JUDICIRY BUILDINGS, STATEWIDE
38 
39         PLANS, DESIGN, CONSTRUCTION,
40         AND EQUIPMENT FOR REMODELING AND
41         UPGRADING JUDICIARY BUILDINGS,
42         STATEWIDE.
43            PLANS                                     5              5
44            DESIGN                                   85             10
45            CONSTRUCTION                            550             40
46            EQUIPMENT                                10             15

 
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 1               TOTAL FUNDING      JUD               650C            70C
 2 
 3  4.        FAMILY COURT CENTER AND JUVENILE
 4            DETENTION CENTER, KAPOLEI, OAHU
 5 
 6         PLANS, LAND ACQUISITION, AND DESIGN
 7         FOR THE FAMILY COURT CENTER AND THE
 8         JUVENILE DETENTION CENTER AT KAPOLEI,
 9         OAHU
10 
11            PLANS                                     1
12            LAND                                      1
13            DESIGN                                  198
14               TOTAL FUNDING      JUD               200C             0C
15 
16  5.        BACK-UP POWER FOR JUDICIARY COMPUTER
17            CENTER, OAHU
18 
19         PLANS, DESIGN, CONSTRUCTION, AND
20         EQUIPMENT FOR EMERGENCY ELECTRICAL
21         POWER SYSTEMS FOR THE JUDICIARY
22         COMPUTER CENTER AT KAUIKEAOULI HALE,
23         OAHU
24 
25            PLANS                                     5
26            DESIGN                                   45            15
27            CONSTRUCTION                                          420
28            EQUIPMENT                                              15
29               TOTAL FUNDING      JUD                50C          450C
30 
31  6.        HILO STATE OFFICE BUILDING
32            DISTRICT COURT INTERIOR ALTERATIONS,
33            HAWAII
34 
35         PLANS, DESIGN, CONSTRUCTION, AND
36         EQUIPMENT FOR INTERIOR ALTERANTIONS
37         TO DISTRICT COURT OFFICES AT HILO,
38         HAWAII
39 
40            PLANS                                     5
41            DESIGN                                   15
42            CONSTRUCTION                             75
43            EQUIPMENT                                 5
44               TOTAL FUNDING      JUD               100C             0C
45 
46  7.        KAUAI JUDICIARY COMPLEX, KAUAI

 
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 1 
 2         DESIGN AND CONSTRUCTION FOR
 3         A NEW JUDICIARY COMPLEX IN
 4         LIHUE, KAUAI
 5 
 6            DESIGN                                   20
 7            CONSTRUCTION                         30,000
 8               TOTAL FUNDING      JUD            30,020C             0C
 9 
10  8.        HOOKELE COURT NAVIGTION PROJECT,
11            OAHU
12 
13         PLANS, DESIGN, AND CONSTRUCTION
14         FOR COURT CONCIERGE AND CUSTOMER
15         SERVICE CENTERS WITHIN JUDICIARY
16         COURT FACILITIES, OAHU
17 
18            PLANS                                     5
19            DESIGN                                   20
20            CONSTRUCTION                            200
21               TOTAL FUNDING      JUD               225C             0C
22 
23                    PART V.  ISSUANCE OF BONDS
 
24      SECTION 8.  General obligation bonds may be issued, as
 
25 provided by law, to yield the amount that may be necessary to
 
26 finance projects authorized in part II and listed in part IV of
 
27 this Act; provided that the sum total of the general obligation
 
28 bonds so issued shall not exceed $33,765,000.
 
29                   PART VI.  SPECIAL PROVISIONS
 
30      SECTION 9.  Any law or any provision of this Act to the
 
31 contrary notwithstanding, the appropriations made for capital
 
32 improvements program projects authorized in part II and listed in
 
33 part IV of this Act shall not lapse at the end of the fiscal year
 
34 for which the appropriations are made; provided that all
 

 
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 1 appropriations made for fiscal year 1999-2000 and fiscal year
 
 2 2000-2001 which are unencumbered as of June 30, 2002, shall lapse
 
 3 as of that date.
 
 4      SECTION 10.  The judiciary is authorized to delegate to
 
 5 other state or county agencies the planning, acquisition of land,
 
 6 design, construction, and equipment of any capital improvements
 
 7 project when it is determined by the judiciary to be advantageous
 
 8 to do so.
 
 9      SECTION 11.  All unrequired balances in the general
 
10 obligation bond fund, after the objectives of part II
 
11 appropriations for capital improvements program purposes listed
 
12 as projects in part IV have been met, shall be transferred to the
 
13 judiciary project adjustment fund.
 
14      SECTION 12.  If the amount allocated from the general
 
15 obligation bond fund for a capital improvementm project listed in
 
16 part IV of this Act is insufficient, the chief justice may make
 
17 supplemental allotments from the project adjustment fund;
 
18 provided that supplemental allotments shall not be used to
 
19 increase the scope of the project.
 
20      SECTION 13.  Where it has been determined that changed
 
21 conditions, such as reduction in the particular population being
 
22 served, permit the reduction in the scope of a project listed in
 
23 part IV, the chief justice may authorize such reduction of
 

 
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 1 project scope.
 
 2      SECTION 14.  The chief justice shall determine when and the
 
 3 manner in which the authorized capital improvements program
 
 4 projects shall be initiated.  The chief justice shall notify the
 
 5 governor from time to time of the specific amounts required for
 
 6 the projects, and the governor shall provide for those amounts
 
 7 through the issuance of bonds authorized in part VI of this Act.
 
 8      SECTION 15.  Any law or any provision to the contrary
 
 9 notwithstanding, the chief justice may supplement funds for any
 
10 cost element for a capital improvement project authorized under
 
11 this Act by transferring such sums as may be needed from the
 
12 funds appropriated for other cost elements of the same project by
 
13 this Act or by any other prior or future act which have not
 
14 lapsed, provided that the total expenditure of funds for all cost
 
15 elements for the project shall not exceed the total appropriation
 
16 for that project.
 
17      PART VII.  MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE
 
18      SECTION 16.  If any portion of this Act or its application
 
19 to any person or circumstances is held to be invalid for any
 
20 reason, the remainder of the Act and any provision thereof shall
 
21 not be affected.  If any portion of a specific appropriation is
 
22 held to be invalid for any reason, the remaining portion shall be
 
23 independent of the invalid portion and shall be expended to
 

 
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 1 fulfill the objective and intent of the appropriation to the
 
 2 extent possible.
 
 3      SECTION 17.  If any manifest clerical, typographical, or
 
 4 other mechanical error is found in this Act, the chief justice is
 
 5 authorized to correct the error.  All changes made pursuant to
 
 6 this section shall be reported to the legislature at its next
 
 7 session.
 
 8      SECTION 18.  This Act shall take effect on July 1, 1999.
 
 9 
 
10                           INTRODUCED BY: ________________________
 
11