Report Title:

Judiciary

Description:

Provides the Judiciary budget for the 2005-2007 biennium. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

500

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

S.D. 1


 

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 2005.

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. The letter symbols, where used, shall have the following meanings:

A General funds

B Special funds

C General obligation bond 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, 2005, and ending June 30, 2007. 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.

The Judicial System

1. JUD101 - COURTS OF APPEAL

76.00* 76.00*_

OPERATING JUD 6,294,630A 6,344,855A_

JUD 243,261W 243,261W_

2. JUD310 - FIRST JUDICIAL CIRCUIT

1,043.50* 1,043.50*_

OPERATING JUD 62,710,746A 62,889,717A_

35.00* 35.00*_

JUD 3,386,016B 3,386,016B_

3. JUD320 - SECOND JUDICIAL CIRCUIT

204.00* 204.00*_

OPERATING JUD 12,986,016A 13,070,951A_

4. JUD330 - THIRD JUDICIAL CIRCUIT

204.00* 204.00*_

OPERATING JUD 15,087,403A 15,104,622A_

5. JUD350 - FIFTH JUDICIAL CIRCUIT

94.00* 94.00*_

OPERATING JUD 6,016,086A 6,219,463A_

6. JUD601 - ADMINISTRATION

209.00* 209.00*_

OPERATING JUD 18,056,449A 18,079,612A_

1.00* 1.00*_

JUD 5,550,000B 5,550,000B_

INVESTMENT CAPITAL JUD 4,050,000C 3,225,000C_

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; 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 $102,275,000 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.

The Judicial System

JUD601 - ADMINISTRATION

1. KAPOLEI JUDICIARY COMPLEX, OAHU

DESIGN, CONSTRUCTION, AND EQUIPMENT FOR A NEW JUDICIARY COMPLEX AT KAPOLEI, O'AHU

DESIGN 1,000

CONSTRUCTION 85,000

EQUIPMENT 9,000

TOTAL FUNDING JUD 95,000 C 0 C

2. HILO JUDICIARY COMPLEX, HAWAII

CONSTRUCTION FOR A NEW JUDICIARY COMPLEX IN HILO, HAWAII.

CONSTRUCTION 2,000

TOTAL FUNDING JUD 2,000 C C

3. KEAKEALANI BUILDING (KONA) COURT FACILITIES IMPROVEMENTS, HAWAII

CONSTRUCTION AND EQUIPMENT FOR GENERAL IMPROVEMENTS TO JUDICIARY FACILITIES AT THE KEAKEALANI BUILDING, ALSO KNOWN AS THE "OLD KONA HOSPITAL BUILDING," IN KEALAKEKUA, HAWAII.

CONSTRUCTION 130

EQUIPMENT 20

JUD 150 C C

4. ALIIOLANI HALE INTERIOR ALTERATIONS AND IMPROVEMENTS, OAHU

PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR INTERIOR ALTERATIONS AND OTHER IMPROVEMENTS AT ALIIOLANI HALE, OAHU.

PLANS 20

DESIGN 130

CONSTRUCTION 800

EQUIPMENT 50

JUD 150 C 850 C

 

5. ALIIOLANI HALE, BUILDING AND EXTERIOR SITE IMPROVEMENTS, OAHU

PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR BUILDING AND EXTERIOR SITE IMPROVEMENTS FOR ALIIOLANI HALE, OAHU.

PLANS 50

DESIGN 200

CONSTRUCTION 250 950

EQUIPMENT 50

JUD 500 C 1,000 C

6. KAPUAIWA BUILDING RENOVATION, OAHU

DESIGN, CONSTRUCTION, AND EQUIPMENT FOR INTERIOR ALTERATIONS AND OTHER IMPROVEMENTS AT THE KAPUAIWA BUILDING, OAHU.

DESIGN 30

CONSTRUCTION 600

EQUIPMENT 20

JUD C 650 C

7. ARCHITECTURAL BARRIER REMOVAL FOR JUDICIARY BUILDINGS, STATEWIDE

PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR THE REMOVAL OF ARCHITECTURAL BARRIERS IN JUDICIARY BUILDINGS, STATEWIDE.

PLANS 1

DESIGN 34

CONSTRUCTION 150

EQUIPMENT 40

JUD C 225 C

8. REMODELING AND UPGRADING OF JUDICIARY BUILDINGS, STATEWIDE

PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR REMODELING AND UPGRADING JUDICIARY BUILDINGS, STATEWIDE.

PLANS 5

DESIGN 70

CONSTRUCTION 415

EQUIPMENT 10

JUD C 500 C

9. MASTER PLANNING FOR JUDICIARY FACILITIES, STATEWIDE

PLANS, LAND ACQUISITION, AND DESIGN FOR MASTER PLANNING FOR CAPITAL IMPROVEMENTS AND OTHER PHYSICAL FACILITIES-RELATED PROJECTS FOR THE JUDICIARY, STATEWIDE (FOR FISCAL BIENNIUM 2005-2007).

PLANS 498

LAND 1

DESIGN 1

JUD 500 C C

10. DOMESTIC VIOLENCE CLEARINGHOUSE AND LEGAL HOTLINE, OAHU

LAND ACQUISITION, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR THE ACQUISITION AND RENOVATION OF ADDITIONAL OFFICE SPACE. THIS PROJECT QUALIFIES AS A GRANT, PURSUANT TO CHAPTER 42F, HRS.

LAND 1

DESIGN 1

CONSTRUCTION 747

EQUIPMENT 1

JUD 750 C 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 $102,275,000.

SECTION 9. Any law to the contrary notwithstanding, the appropriation under Act 120, Session Laws of Hawaii 2003, section 11, as amended and renumbered as Act 38, Session Laws of Hawaii 2004, section 3, in the amount indicated or balance thereof, allotted, encumbered, and unrequired, is hereby lapsed:

Item No. Amount (MOF)

JUD 601-7.03 $500,000 C

PART VI. SPECIAL PROVISIONS

SECTION 10. 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 2005-2006 and fiscal year 2006-2007 which are unencumbered as of June 30, 2008, shall lapse as of that date.

SECTION 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 that has 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 17. 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 18. 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 19. This Act shall take effect on July 1, 2005.