REPORT TITLE:
Judiciary Budget

DESCRIPTION:
Judiciary Appropriations Act of 1999. (HB1450 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1450
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   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
 
20 permanent positions authorized for a particular program during a
 

 
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 1 specified period or periods, as noted by an asterisk.
 
 2                 PART II.  PROGRAM APPROPRIATIONS
 
 3      SECTION 3.  The following sums, or so much thereof as may be
 
 4 sufficient to accomplish the purposes and programs designated
 
 5 herein, are appropriated or authorized from the sources of
 
 6 funding specified to the judiciary for the fiscal biennium
 
 7 beginning July 1, 1999, and ending June 30, 2001.  The total
 
 8 expenditures and the number of permanent positions established in
 
 9 each fiscal year of the fiscal biennium shall not exceed the sums
 
10 and the position ceilings indicated for each year, except as
 
11 provided in this Act.
 
12                   PART III.  PROGRAM PROVISIONS
 
13      SECTION 4.  Provided that whenever the need arises, the
 
14 chief justice, in administering an equitable and expeditious
 
15 judicial process, is authorized to transfer sufficient funds and
 
16 positions between programs for operating purposes; provided that
 
17 no transfer shall be made to implement any collective bargaining
 
18 contract signed after this legislature adjourns sine die.
 
19      SECTION 5.  Provided that if the chief justice, or any
 
20 agency, or any government unit secures federal funds or other
 
21 property under any act of Congress, or any funds or other
 
22 property from private organizations or individuals which are to
 
23 be expended in connection with any program or works authorized by
 

 
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 1 this Act, or otherwise, the chief justice, or the agency with the
 
 2 chief justice's approval, shall have the power to enter into the
 
 3 undertaking with the federal government, private organization, or
 
 4 individual; and provided further that while most federal aid
 
 5 allocations are known and state matching funds are provided in
 
 6 this Act, in instances where programs for which federal-state
 
 7 cost sharing is not yet determined, the availability of federal
 
 8 funds shall be construed as a proportionate reduction of state
 
 9 costs whenever possible.
 
10          PART IV.  CAPITAL IMPROVEMENTS PROGRAM PROJECTS
 
11      SECTION 6.  The sum of $32,870,000 appropriated or
 
12 authorized in part II of this Act for capital improvements
 
13 program projects shall be expended by the judiciary for the
 
14 projects listed below; provided that several related or similar
 
15 projects may be combined into a single project if a combination
 
16 is advantageous or convenient for implementation; and provided
 
17 further that the total cost of the projects thus combined shall
 
18 not exceed the total of the sums specified for the projects
 
19 separately.  (The amount after each cost element and the total
 
20 funding for each project listed in this part are in thousands of
 
21 dollars.)
 
22                    PART V.  ISSUANCE OF BONDS
 
23      SECTION 7.  General obligation bonds may be issued, as
 

 
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 1 provided by law, to yield the amount that may be necessary to
 
 2 finance projects authorized in part II and listed in part IV of
 
 3 this Act; provided that the sum total of the general obligation
 
 4 bonds so issued shall not exceed $32,870,000.
 
 5                   PART VI.  SPECIAL PROVISIONS
 
 6      SECTION 8.  Any law or any provision of this Act to the
 
 7 contrary notwithstanding, the appropriations made for capital
 
 8 improvements program projects authorized in part II and listed in
 
 9 part IV of this Act shall not lapse at the end of the fiscal year
 
10 for which the appropriations are made; provided that all
 
11 appropriations made for fiscal year 1999-2000 and fiscal year
 
12 2000-2001 which are unencumbered as of June 30, 2002, shall lapse
 
13 as of that date.
 
14      SECTION 9.  The judiciary is authorized to delegate to other
 
15 state or county agencies the planning, land acquisition, design,
 
16 construction, and equipment of any capital improvements project
 
17 when it is determined by the judiciary to be advantageous to do
 
18 so.
 
19      SECTION 10.  All unrequired balances in the general
 
20 obligation bond fund, after the objectives of part II
 
21 appropriations for capital improvements program purposes listed
 
22 as projects in part IV have been met, shall be transferred to the
 
23 judiciary project adjustment fund.
 

 
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 1      SECTION 11.  If the amount allocated from the general
 
 2 obligation bond fund for a capital improvements program project
 
 3 listed in part IV of this Act is insufficient, the chief justice
 
 4 may make supplemental allotments from the project adjustment
 
 5 fund; provided that supplemental allotments shall not be used to
 
 6 increase the scope of the project; provided further that such
 
 7 supplemental allotments from the project adjustments fund shall
 
 8 not be used to increase the scope of the project; and provided
 
 9 further that the chief justice shall submit a report to the
 
10 legislature no later than twenty days prior to the convening of
 
11 the 2000 and 2001 regular sessions.
 
12      SECTION 12.  Where it has been determined that changed
 
13 conditions, such as reduction in the particular population being
 
14 served, permit the reduction in the scope of a project listed in
 
15 part IV, the chief justice may authorize such reduction of
 
16 project scope.
 
17      SECTION 13.  The chief justice shall determine when and the
 
18 manner in which the authorized capital improvements program
 
19 projects shall be initiated.  The chief justice shall notify the
 
20 governor from time to time of the specific amounts required for
 
21 the projects, and the governor shall provide for those amounts
 
22 through the issuance of bonds authorized in part VI of this Act.
 
23      SECTION 14.  Any law or any provision to the contrary
 

 
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 1 notwithstanding, the chief justice may supplement funds for any
 
 2 cost element for a capital improvement project authorized under
 
 3 this Act by transferring such sums as may be needed from the
 
 4 funds appropriated for other cost elements of the same project by
 
 5 this Act or by any other prior or future act which have not
 
 6 lapsed, provided that the total expenditure of funds for all cost
 
 7 elements for the project shall not exceed the total appropriation
 
 8 for that project.
 
 9      PART VII.  MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE
 
10      SECTION 15.  If any portion of this Act or its application
 
11 to any person or circumstances is held to be invalid for any
 
12 reason, the remainder of the Act and any provision thereof shall
 
13 not be affected.  If any portion of a specific appropriation is
 
14 held to be invalid for any reason, the remaining portion shall be
 
15 independent of the invalid portion and shall be expended to
 
16 fulfill the objective and intent of the appropriation to the
 
17 extent possible.
 
18      SECTION 16.  If any manifest clerical, typographical, or
 
19 other mechanical error is found in this Act, the chief justice is
 
20 authorized to correct the error.  All changes made pursuant to
 
21 this section shall be reported to the legislature at its next
 
22 session.
 
23      SECTION 17.  This Act shall take effect on July 1, 1999.