HB290 SD1.DOC

PART I. GENERAL PROVISIONS

SECTION 1. This Act shall be known and may be cited as the Judiciary Appropriations Act of 2015.

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 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, 2015, and ending June 30, 2017. 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.

______________ P R O G R A M A P P R O P R I A T I O N S__________________

___ APPROPRIATIONS____

FISCAL M FISCAL M

ITEM PROG. EXPENDING YEAR O YEAR O

NO. ID PROGRAM__________ AGENCY_____ 2015-16_____F_____2016-17__F

The Judicial System

1. JUD101 - COURTS OF APPEAL

73.00* 73.00*

OPERATING JUD 6,644,985A 6,853,202A

2. JUD310 - FIRST CIRCUIT

1,078.50* 1,078.50*

OPERATING JUD 80,833,928A 82,423,278A

41.00* 41.00*

JUD 4,144,799B 4,150,321B

3. JUD320 - SECOND CIRCUIT

207.00* 207.00*

OPERATING JUD 16,254,566A 16,519,724A

4. JUD330 - THIRD CIRCUIT

228.00* 228.00*

OPERATING JUD 19,145,986A 19,427,874A

5. JUD350 - FIFTH CIRCUIT

102.00* 102.00*

OPERATING JUD 7,515,683A 7,768,127A

6. JUD501 - JUDICIAL SELECTION COMMISSION

1.00* 1.00*

OPERATING JUD 93,418A 93,418A

7. JUD601 - ADMINISTRATION

227.00* 227.00*

OPERATING JUD 25,338,018A 25,841,778A

1.00* 1.00*

JUD 7,976,193B 7,989,841B

JUD 343,261W 343,261W

INVESTMENT CAPITAL JUD 58,000,000C 3,000,000C

PART III. PROGRAM PROVISIONS

SECTION 4. Provided that whenever the need arises, the chief justice, in administering an equitable and expeditious judicial process, may transfer sufficient funds and positions between programs for operating purposes; provided further 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 that 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, may enter into the undertaking with the federal government, private organization, or individual.

SECTION 6. Provided that the judiciary may transfer savings from its general fund appropriation to the driver education and training fund to accommodate any temporary cash flow deficits.

PART IV. CAPITAL IMPROVEMENT PROJECTS

SECTION 7. The sums of money 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 are in thousands of dollars.

CAPITAL IMPROVEMENT PROJECTS
					APPROPRIATIONS (IN 000'S)
ITEM NO.	CAPITAL PROJECT NO.	TITLE	EXPENDING AGENCY	FISCAL YEAR 2015-2016		M O F	FISCAL YEAR 2016-2017	M O F

A. ECONOMIC DEVELOPMENT

JUD601 - ADMINISTRATION

1. 601 KONA JUDICIARY COMPLEX, HAWAII

CONSTRUCTION FOR A NEW JUDICIARY COMPLEX AT KONA, HAWAII.

CONSTRUCTION 55,000

TOTAL FUNDING JUD 55,000 C C

2. LUMP SUM CIP FOR JUDICIARY FACILITIES, STATEWIDE

PLANS, DESIGN, CONSTRUCTION AND EQUIPMENT FOR GENERAL ALTERATIONS, UPGRADES AND IMPROVEMENTS TO JUDICIARY FACILITIES, STATEWIDE.

PLANS 10 10

DESIGN 75 75

CONSTRUCTION 2,900 2,900

EQUIPMENT 15 15

TOTAL FUNDING JUD 3,000 C 3,000 C

PART V. CAPITAL IMPROVEMENT PROGRAM PROVISIONS

SECTION 8. Any law to the contrary notwithstanding, the appropriations under Act 133, Session Laws of Hawaii 2013, section 7, in the amounts indicated or balances thereof, unalloted, allotted, unencumbered, or unencumbered and unrequired, are hereby lapsed:

"ITEM NO. AMOUNT (MOF)

2 $2,800,000 C"

SECTION 9. Any law to the contrary notwithstanding, the appropriations under Act 61, Session Laws of Hawaii 2011, section 7, as amended by Act 107, Session Laws of Hawaii 2012, in the amounts indicated or balances thereof, unalloted, allotted, unencumbered, or unencumbered and unrequired, are hereby lapsed:

"ITEM NO. AMOUNT (MOF)

8 $1,700,000 C"

SECTION 10. Any law to the contrary notwithstanding, the appropriations under Act 1, Special Session Laws of Hawaii 2001, section 14, as amended by Act 91, Session Laws of Hawaii 2002, section 14, in the amounts indicated or balances thereof, unalloted, allotted, unencumbered, or unencumbered and unrequired, are hereby lapsed:

"ITEM NO. AMOUNT (MOF)

5 $130,000 C"

SECTION 11. (a) For the purpose of this section, the "Kona judiciary complex project" means the project, appropriations for which are provided under the following:

(1) Item 1 under JUD601 - administration in part IV of Act 133, Session Laws of Hawaii 2013, as amended by Act 127, Session Laws of Hawaii 2014 -- $35,000,000 for design and construction for fiscal year 2014-2015; and

(2) Item 1 under JUD601 - administration in part IV of this Act -- $55,000,000 for construction for fiscal year 2015-2016.

(b) Notwithstanding any other law to the contrary, including section 13 of this Act, if the entire appropriation for the Kona judiciary complex project is not encumbered by June 30, 2016, the entire appropriation, including any previously encumbered amount, shall lapse on that date.

(c) To effectuate the intent of subsection (b), the judiciary shall not expend any portion of the appropriation for the Kona judiciary complex project until the entire appropriation is encumbered.

(d) The chief justice shall submit a report to the legislature on the status of the Kona judiciary complex project, effect of this section on the project, and any recommendation to address any impact of this section. The report shall be submitted by October 1, 2016.

PART VI. ISSUANCE OF BONDS

SECTION 12. 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 $55,000,000.

PART VII. SPECIAL PROVISIONS

SECTION 13. Any law or any provision of this Act to the contrary notwithstanding, except section 11(b), 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 2015-2016 and fiscal year 2016-2017 that are unencumbered as of June 30, 2018, shall lapse as of that date.

SECTION 14. 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 15. 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 of this Act have been met, shall be transferred to the judiciary project adjustment fund.

SECTION 16. 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 17. Where it has been determined that changed conditions, such as a reduction in the particular population being served, permit the reduction in the scope of a project listed in part IV of this Act, the chief justice may authorize the reduction of the project scope.

SECTION 18. 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 VI of this Act.

SECTION 19. Any provision of law 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 VIII. MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE

SECTION 20. 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 21. If any manifest clerical, typographical, or other mechanical error is found in this Act, the chief justice may correct the error. All changes made pursuant to this section shall be reported to the legislature at its next regular session.

SECTION 22. This Act shall take effect on July 1, 2015.

HOUSE OF REPRESENTATIVES	H.B. NO.	290
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 2
STATE OF HAWAII		S.D. 1