REPORT TITLE:
Judiciary Budget


DESCRIPTION:
Judiciary Appropriations Act of 1999. (HB1450 SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1450
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 2
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
 

 
Page 2                                                     1450
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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.
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 3                                                     1450
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                                                        S.D. 2
                                                        

 
 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                                                  76.00*         76.00*
13          OPERATING            JUD            4,615,808A     4,335,226A
14                               JUD               75,000W        75,000W
15 
16  2. JUD111 - CIRCUIT COURTS
17                                                 489.50*        493.50*
18          OPERATING            JUD           25,907,386A    25,858,541A
19                                                   0.00*          0.00*
20                                                212,602N              N
21 
22  3. JUD112 - FAMILY COURTS
23                                                 412.00*        416.00*
24          OPERATING            JUD           25,709,907A    25,791,986A
25                               JUD              386,575B       386,575B
26 
27  4. JUD121 - DISTRICT COURTS
28                                                 491.50*        491.50*
29          OPERATING            JUD           17,460,661A    17,460,661A
30                                                  35.00*         35.00*
31                               JUD            1,643,033B     1,617,033B
32 
33  5. JUD201 - ADMIN. DIRECTOR SERVICES
34                                                 236.00*        236.00*
35          OPERATING            JUD           17,081,421A    15,312,945A
36                               JUD            2,080,102B     2,188,937B
37                               JUD               85,000N              N
38          INVESTMENT CAPITAL   JUD           17,335,000C     1,195,000C
39 

 
 
 
 
 
 
 
 
Page 4                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 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 of the general fund appropriation
 
23 for circuit courts (JUD111), $50,000 shall be expended to
 

 
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                                                        S.D. 2
                                                        

 
 1 establish and implement the alternatives to incarceration pilot
 
 2 program.
 
 3      SECTION 7.  Provided that of the general fund appropriation
 
 4 for family court (JUD112), $60,000 shall be expended to provide
 
 5 prostitution intervention services for juveniles within the
 
 6 jurisdiction of the family court.
 
 7      SECTION 8.  Provided that of the general fund appropriation
 
 8 for the courts of appeal (JUD101), the sum of $841,747 for fiscal
 
 9 year 2000-2001 shall be expended for the supreme court law
 
10 library; provided further that the judiciary shall submit
 
11 progress reports to the legislature on a plan that shall include
 
12 an implementation timetable to make the supreme court law library
 
13 financially self-sufficient; provided further that the progress
 
14 reports shall be submitted no later than twenty days prior to the
 
15 convening of the 2000 and 2001 regular sessions.
 
16      SECTION 9.  Provided that of the general fund appropriation
 
17 for administrative director services (JUD 201), the sum of
 
18 $1,052,400 for fiscal year 1999-2000 shall be expended on a
 
19 grant-in-aid for Legal Aid Society of Hawaii to provide legal
 
20 services.
 
21      SECTION 10.  Provided that of the general fund appropriation
 
22 for administrative director services (JUD 201), the sum of
 
23 $200,000 for fiscal year 1999-2000 shall be expended on a grant-
 
24 in-aid for Na Lo'io, Immigrant Rights and Public Interest Legal
 

 
Page 6                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1 Center to provide legal services.
 
 2          PART IV.  CAPITAL IMPROVEMENTS PROGRAM PROJECTS
 
 3      SECTION 11.  The sum of $18,880,000 appropriated or
 
 4 authorized in part II of this Act for capital improvements
 
 5 program projects shall be expended by the judiciary for the
 
 6 projects listed below; provided that several related or similar
 
 7 projects may be combined into a single project if a combination
 
 8 is advantageous or convenient for implementation; and provided
 
 9 further that the total cost of the projects thus combined shall
 
10 not exceed the total of the sums specified for the projects
 
11 separately.  (The amount after each cost element and the total
 
12 funding for each project listed in this part are in thousands of
 
13 dollars.)
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 7                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 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             88
32            CONSTRUCTION                            897            585
33            EQUIPMENT                                 1              1
34               TOTAL FUNDING      JUD               900C           675C
35 
36  3.        REMODELING AND UPGRADING
37            JUDICIARY 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

 
Page 8                                                     1450
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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 ALTERATIONS
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                         14,990
 8               TOTAL FUNDING      JUD            15,010C             0C
 9 
10  8.        HOOKELE COURT NAVIGATION 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  9.        LEGAL AID SOCIETY OF HAWAII,
24            STATEWIDE
25 
26         LAND ACQUISITION FOR THE PURCHASE
27         OF BUILDINGS ON MAUI, HAWAII AND
28         HONOLULU.  THIS PROJECT QUALIFIES
29         AS A GRANT, PURSUANT TO CHAPTER
30         42F, HRS
31 
32            LAND                                    350
33               TOTAL FUNDING      JUD               350C              C
34 
35                    PART V.  ISSUANCE OF BONDS
 
36      SECTION 12.  General obligation bonds may be issued, as
 
37 provided by law, to yield the amount that may be necessary to
 
38 finance projects authorized in part II and listed in part IV of
 
39 this Act; provided that the sum total of the general obligation
 
40 bonds so issued shall not exceed $18,880,000.
 

 
Page 10                                                    1450
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 1                   PART VI.  SPECIAL PROVISIONS
 
 2      SECTION 13.  Any law or any provision of this Act to the
 
 3 contrary notwithstanding, the appropriations made for capital
 
 4 improvements program projects authorized in part II and listed in
 
 5 part IV of this Act shall not lapse at the end of the fiscal year
 
 6 for which the appropriations are made; provided that all
 
 7 appropriations made for fiscal year 1999-2000 and fiscal year
 
 8 2000-2001 which are unencumbered as of June 30, 2002, shall lapse
 
 9 as of that date.
 
10      SECTION 14.  The judiciary is authorized to delegate to
 
11 other state or county agencies the planning, acquisition of land,
 
12 design, construction, and equipment of any capital improvements
 
13 project when it is determined by the judiciary to be advantageous
 
14 to do so.
 
15      SECTION 15.  All unrequired balances in the general
 
16 obligation bond fund, after the objectives of part II
 
17 appropriations for capital improvements program purposes listed
 
18 as projects in part IV have been met, shall be transferred to the
 
19 judiciary project adjustment fund; provided that the judiciary
 
20 shall submit a report to the legislature no later than thirty
 
21 days prior to the convening of the 2000 and 2001 regular
 
22 sessions.
 
23      SECTION 16.  If the amount allocated from the general
 

 
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 1 obligation bond fund for a capital improvement project listed in
 
 2 part IV of this Act is insufficient, the chief justice may make
 
 3 supplemental allotments from the project adjustment fund;
 
 4 provided that supplemental allotments shall not be used to
 
 5 increase the scope of the project.
 
 6      SECTION 17.  Where it has been determined that changed
 
 7 conditions, such as reduction in the particular population being
 
 8 served, permit the reduction in the scope of a project listed in
 
 9 part IV, the chief justice may authorize such reduction of
 
10 project scope.
 
11      SECTION 18.  The chief justice shall determine when and the
 
12 manner in which the authorized capital improvements program
 
13 projects shall be initiated.  The chief justice shall notify the
 
14 governor from time to time of the specific amounts required for
 
15 the projects, and the governor shall provide for those amounts
 
16 through the issuance of bonds authorized in part VI of this Act.
 
17      SECTION 19.  Any law or any provision to the contrary
 
18 notwithstanding, the chief justice may supplement funds for any
 
19 cost element for a capital improvement project authorized under
 
20 this Act by transferring such sums as may be needed from the
 
21 funds appropriated for other cost elements of the same project by
 
22 this Act or by any other prior or future act which have not
 
23 lapsed, provided that the total expenditure of funds for all cost
 

 
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 1 elements for the project shall not exceed the total appropriation
 
 2 for that project.
 
 3      PART VII.  MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE
 
 4      SECTION 20.  If any portion of this Act or its application
 
 5 to any person or circumstances is held to be invalid for any
 
 6 reason, the remainder of the Act and any provision thereof shall
 
 7 not be affected.  If any portion of a specific appropriation is
 
 8 held to be invalid for any reason, the remaining portion shall be
 
 9 independent of the invalid portion and shall be expended to
 
10 fulfill the objective and intent of the appropriation to the
 
11 extent possible.
 
12      SECTION 21.  If any manifest clerical, typographical, or
 
13 other mechanical error is found in this Act, the chief justice is
 
14 authorized to correct the error.  All changes made pursuant to
 
15 this section shall be reported to the legislature at its next
 
16 session.
 
17      SECTION 22.  This Act shall take effect on July 1, 1999.