Report Title:
Judiciary Budget
Description:
Provides the Judiciary budget for the 2003-2005 biennium.
THE SENATE |
S.B. NO. |
1140 |
TWENTY-SECOND LEGISLATURE, 2003 |
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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:
PART I. GENERAL PROVISIONS
SECTION 1. This Act shall be known and may be cited as the Judiciary Appropriations Act of 2003.
SECTION 2. Unless otherwise clear from the context, as used in this Act:
(a) "Program ID" means the unique identifier for the specific program, and consists of the abbreviation for the judiciary (JUD) followed by a designated number for the program.
(b) "Means of Financing," or "MOF," means the source from which funds are appropriated, or authorized, as the case may be, to be expended for the programs and projects specified in this Act. All appropriations are followed by letter symbols. Such letter symbols, where used, shall have the following meanings:
A General funds
C General obligation bond funds
B Special funds
N Other federal funds
W Revolving funds
(c) "Position ceiling" means the maximum number of permanent positions authorized for a particular program during a specified period or periods, as noted by an asterisk.
PART II. PROGRAM APPROPRIATIONS
SECTION 3. The following sums, or so much thereof as may be sufficient to accomplish the purposes and programs designated herein, are appropriated or authorized from the sources of funding specified to the judiciary for the fiscal biennium beginning July 1, 2003, and ending June 30, 2005. The total expenditures and the number of permanent positions established in each fiscal year of the fiscal biennium shall not exceed the sums and the position ceilings indicated for each year, except as provided in this Act.
PROGRAM APPROPRIATIONS
A P P R O P R I A T I O N S
FISCAL M FISCAL M
ITEM PROG. PROGRAM EXPENDING YEAR O YEAR O
NO. ID AGENCY 2003-04 F 2004-05 F
THE JUDICIAL SYSTEM
1. JUD101 - COURTS OF APPEAL
76.00 * 76.00 *
OPERATING JUD 5,874,885 A 5,816,875 A
JUD 243,261 W 243,261 W
2. JUD310 – FIRST JUDICIAL CIRCUIT
992.50 * 993.50 *
OPERATING JUD 56,753,672 A 56,790,302 A
35.00 * 35.00 *
JUD 3,112,683 B 3,112,683 B
3. JUD320 – SECOND JUDICIAL CIRCUIT
197.00 * 202.00 *
OPERATING JUD 11,811,606 A 12,167,696 A
4. JUD330 – THIRD JUDICIAL CIRCUIT
199.00 * 205.00 *
OPERATING JUD 14,015,296 A 14,410,260 A
5. JUD350 – FIFTH JUDICIAL CIRCUIT
82.00 * 95.00 *
OPERATING JUD 4,828,366 A 5,215,422 A
6. JUD601 - ADMINISTRATION
271.00 * 272.00 *
OPERATING JUD 24,674,210 A 24,900,680 A
1.00 * 1.00 *
JUD 6,430,261 B 6,430,261 B
INVESTMENT CAPITAL JUD 52,035,000 C 76,520,000 C
PART III. PROGRAM PROVISIONS
SECTION 4. Provided that whenever the need arises, the chief justice, in administering an equitable and expeditious judicial process, is authorized to transfer sufficient funds and positions between programs for operating purposes; provided that no transfer shall be made to implement any collective bargaining contract signed after this legislature adjourns sine die.
SECTION 5. Provided that if the chief justice, or any agency, or any government unit secures federal funds or other property under any act of Congress, or any funds or other property from private organizations or individuals which are to be expended in connection with any program or works authorized by this Act, or otherwise, the chief justice, or the agency with the chief justice's approval, shall have the power to enter into the undertaking with the federal government, private organization, or individual; and provided further that while most federal aid allocations are known and state matching funds are provided in this Act, in instances where programs for which federal-state cost sharing is not yet determined, the availability of federal funds shall be construed as a proportionate reduction of state costs whenever possible.
SECTION 6. Provided that the judiciary is authorized to transfer savings from its general fund appropriation to the driver education special fund to accommodate any temporary cash flow deficits.
PART IV. CAPITAL IMPROVEMENT PROJECTS
SECTION 7. The sum of $128,555,000 appropriated or authorized in Part II of this Act for capital improvement projects shall be expended by the judiciary for the projects listed below; provided that several related or similar projects may be combined into a single project, if a combination is advantageous or convenient for implementation; and provided further that the total cost of the projects thus combined shall not exceed the total of the sums specified for the projects separately. (The amount after each cost element and the total funding for each project listed in this Part is in thousands of dollars.)
CAPITAL IMPROVEMENT PROJECTS
APPROPRIATIONS (IN 000'S)
ITEM CAPITAL PROJECT EXPENDING FISCAL M FISCAL M
NO. NO. TITLE AGENCY YEAR O YEAR O
2003-04 F 2004-05 F
The Judicial System
JUD601 - ADMINISTRATION
1. HILO JUDICIARY COMPLEX, HAWAI`I
CONSTRUCTION AND EQUIPMENT FOR
A NEW JUDICIARY COMPLEX IN HILO, HAWAI`I.
CONSTRUCTION 34,000
EQUIPMENT 7,000
TOTAL FUNDING JUD
41,0000 C 0 C2. KAPOLEI JUDICIARY COMPLEX, OAHU
CONSTRUCTION FOR A NEW JUDICIARY
COMPLEX AT KAPOLEI, O`AHU.
CONSTRUCTION 74,000
TOTAL FUNDING JUD 0 C 74,000 C
3. KAPUAIWA BUILDING RENOVATION, O`AHU.
DESIGN, CONSTRUCTION, AND EQUIPMENT FOR
INTERIOR AND OTHER IMPROVEMENTS AT THE
KAPUAIWA BUILDING, O`AHU
DESIGN 30 30
CONSTRUCTION 600 600
EQUIPMENT 20 20
TOTAL FUNDING JUD 650 C 650 C
4. WAHIAWA COURT FACILITY, O`AHU
PLANS AND DESIGN FOR A NEW PERMANENT
COURT FACILITY IN WAHIAWA, O`AHU
PLANS 100
DESIGN 200
TOTAL FUNDING JUD 300 C 0 C
5. MOLOKA`I COURT FACILITY, MOLOKA`I
DESIGN FOR A NEW PERMANENT COURT
FACILITY IN KAUNAKAKAI, MOLOKA`I
DESIGN 500
TOTAL FUNDING JUD 500 C 0 C
6. ALI`IOLANI HALE INTERIOR ALTERATIONS
AND IMPROVEMENTS
DESIGN, CONSTRUCTION, AND EQUIPMENT FOR
INTERIOR ALTERATIONS AND IMPROVEMENTS AT
ALI`IOLANI HALE, O`AHU
DESIGN 55
CONSTRUCTION 710
EQUIPMENT 10
TOTAL FUNDING JUD 775 C 0 C
7. AL`IOLANI HALE BUILDING AND EXTERIOR
SITE IMPROVEMENTS, O`AHU.
PLANS AND DESIGN FOR BUILDING AND EXTERIOR
SITE IMPROVEMENTS FOR ALI`IOLANI HALE, O`AHU
PLANS 50 50
DESIGN 150 150
TOTAL FUNDING JUD 200 C 200 C
8. ARCHITECTURAL BARRIER REMOVAL FOR
JUDICIARY BUILDINGS, STATEWIDE
PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT
FOR THE REMOVAL OF ARCHITECTURAL BARRIERS IN
JUDICIARY BUILDINGS, STATEWIDE
PLANS 1 1
DESIGN 34 34
CONSTRUCTION 150 150
EQUIPMENT 40 40
TOTAL FUNDING JUD 225 C 225 C
9. REMODELING AND UPGRADING JUDICIARY
BUILDINGS, STATEWIDE (FB 2003-2005)
PLANS, DESIGN, CONSTRUCTION, AND
EQUIPMENT FOR THE REMODELING AND UPGRADING
OF JUDICIARY BUILDINGS, STATEWIDE
PLANS 30 5
DESIGN 135 70
CONSTRUCTION 615 415
EQUIPMENT 20 10
TOTAL FUNDING JUD 800 C 500 C
10. KA`AHUMANU HALE AIR CONDITIONING
CHILLER PLANT REPLACEMENT, O`AHU.
DESIGN AND CONSTRUCTION FOR REPLACEMENT
OF AIR CONDITIONING CHILLER PLANT AND RELATED
WORK AT KA`AHUMANU HALE, O`AHU
DESIGN 50
CONSTRUCTION 450
TOTAL FUNDING JUD 500 C 0 C
11. KAUIKEAOULI HALE AIR CONDITIONING
CHILLER PLANT REPLACEMENT, O`AHU
DESIGN AND CONSTRUCTION FOR REPLACEMENT
OF AIR CONDITIONING CHILLER PLANT AND RELATED
WORK AT KAUIKEAOULI HALE, O`AHU
DESIGN 50
CONSTRUCTION 450
TOTAL FUNDING JUD 500 C 0 C
12. ALI`IOLANI HALE AIR CONDITIONING
EQUIPMENT REPLACEMENT, O`AHU.
DESIGN AND CONSTRUCTION FOR REPLACEMENT
OF AIR CONDITIONING SYSTEM EQUIPMENT AND RELATED
WORK AT ALI`IOLANI HALE, O`AHU
DESIGN 20
CONSTRUCTION 230
TOTAL FUNDING JUD 250 C 0 C
13. KAUIKEAOULI HALE ROOF, PARAPET, AND
FIRE ALARM SYSTEM IMPROVEMENTS, O`AHU
PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT
FOR ROOF, PARAPET, AND FIRE ALARM SYSTEM
IMPROVEMENTS AT KAUIKEAOULI HALE, O`AHU
PLANS 1 1
DESIGN 133 30
CONSTRUCTION 800 413
EQUIPMENT 1 1
TOTAL FUNDING JUD 935 C 445 C
14. TERMITE TREATMENT FOR JUDICIARY
BUILDINGS, STATEWIDE
PLANS, DESIGN, AND CONSTRUCTION FOR
TERMITE TREATMENT INITIATIVES FOR JUDICIARY
BUILDINGS, STATEWIDE
PLANS 400 400
DESIGN 95 95
CONSTRUCTION 5 5
TOTAL FUNDING JUD 500 C 500 C
15. CHILDREN’S JUSTICE CENTER NEW
PERMANENT FACILITY, O`AHU
PLANS, LAND, DESIGN, AND CONSTRUCTION
FOR A NEW PERMANENT FACILITY FOR THE CHILDREN’S
JUSTICE CENTER OF HAWAI`I, O`AHU
PLANS 30
LAND 320
DESIGN 400
CONSTRUCTION 3,500
TOTAL FUNDING JUD 4,250 C 0 C
16. KEAKEALANI BUILDING (KONA) COURT
FACILITIES IMPROVEMENTS, HAWAII
PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT
FOR GENERAL IMPROVEMENTS TO JUDICIARY FACILITIES
AT THE KEAKEALANI BUILDING IN KEALAKEKUA, HAWAI`I
PLANS 5
DESIGN 20
CONSTRUCTION 100
EQUIPMENT 25
TOTAL FUNDING JUD 150 C 0 C
17. ADVANCE PLANNING FOR JUDICIARY
FACILITIES, STATEWIDE (FB 2003-2005)
PLANS, LAND, AND DESIGN FOR ADVANCE
PLANNING FOR CAPITAL IMPROVEMENTS AND OTHER
PHYSICAL FACILITIES-RELATED PROJECTS FOR THE
JUDICIARY, STATEWIDE
PLANS 498
LAND 1
DESIGN 1
CONSTRUCTION
EQUIPMENT
TOTAL FUNDING JUD 500 C 0 C
PART V. ISSUANCE OF BONDS
SECTION 8. General obligation bonds may be issued, as provided by law, to yield the amount that may be necessary to finance projects authorized in Part II and listed in Part IV of this Act; provided that the sum total of the general obligation bonds so issued shall not exceed $128,555,000.
PART VI. SPECIAL PROVISIONS
SECTION 9. Any law or any provision of this Act to the contrary notwithstanding, the appropriations made for capital improvement projects authorized in Part II and listed in Part IV of this Act shall not lapse at the end of the fiscal year for which the appropriations are made; provided that all appropriations made for fiscal year 2003-2004 and fiscal year 2004-2005 which are unencumbered as of June 30, 2006, shall lapse as of that date.
SECTION 10. The judiciary is authorized to delegate to other state or county agencies the planning, acquisition of land, design, construction, and equipment of any capital improvement project when it is determined by the judiciary to be advantageous to do so.
SECTION 11. All unrequired balances in the general obligation bond fund, after the objectives of Part II appropriations for capital improvements program purposes listed as projects in part IV have been met, shall be transferred to the judiciary project adjustment fund.
SECTION 12. If the amount allocated from the general obligation bond fund for a capital improvement project listed in part IV of this Act is insufficient, the chief justice may make supplemental allotments from the project adjustment fund; provided that supplemental allotments shall not be used to increase the scope of the project.
SECTION 13. Where it has been determined that changed conditions, such as reduction in the particular population being served, permit the reduction in the scope of a project listed in Part IV, the chief justice may authorize such reduction of project scope.
SECTION 14. The chief justice shall determine when and the manner in which the authorized capital improvement projects shall be initiated. The chief justice shall notify the governor from time to time of the specific amounts required for the projects, and the governor shall provide for those amounts through the issuance of bonds authorized in Part V of this Act.
SECTION 15. Any law or any provision to the contrary notwithstanding, the chief justice may supplement funds for any cost element for a capital improvement project authorized under this Act by transferring such sums as may be needed from the funds appropriated for other cost elements of the same project by this Act or by any other prior or future act which have not lapsed, provided that the total expenditure of funds for all cost elements for the project shall not exceed the total appropriation for that project.
PART VII. MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE
SECTION 16. If any portion of this Act or its application to any person or circumstances is held to be invalid for any reason, the remainder of the Act and any provision thereof shall not be affected. If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be independent of the invalid portion and shall be expended to fulfill the objective and intent of the appropriation to the extent possible.
SECTION 17. If any manifest clerical, typographical, or other mechanical error is found in this Act, the chief justice is authorized to correct the error. All changes made pursuant to this section shall be reported to the legislature at its next session.
SECTION 18. This Act shall take effect on July 1, 2003.
INTRODUCED BY: |
_____________________________ |
By Request |