Report Title:

Judiciary; Budget

Description:

Provides Judiciary Supplemental Budget for fiscal year 2002-2003. (HB2300 HD2 SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2300

TWENTY-FIRST LEGISLATURE, 2002

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 Supplemental Appropriations Act of 2002.

SECTION 2. Act 1, First Special Session Laws of Hawaii 2001, is amended by amending part II to read as follows:

"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, 2001, and ending June 30, 2003. 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

------------------------------------------------------------------------

A P P R O P R I A T I O N S

ITEM PROG. PROGRAM EXPENDING FISCAL M FISCAL M

NO. ID AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

The Judicial System

1. JUD101 - COURTS OF APPEAL

74.00* [ 74.00*]

68.00*

OPERATING JUD 4,994,899A [ 4,826,638A]

JUD 4,725,245A

JUD 75,000W 243,261W

2. JUD111 - CIRCUIT COURTS

515.50* [ 520.50*]

*

OPERATING JUD 28,900,495A [ 29,390,723A]

JUD A

JUD 300,000B [ 300,000B]

JUD B

3. JUD310 - FIRST JUDICIAL CIRCUIT

983.50*

OPERATING JUD 50,982,822A

35.00*

JUD 3,106,420B

4. JUD112 - FAMILY COURTS

423.00* [ 423.00*]

*

OPERATING JUD 28,965,420A [ 28,943,455A]

JUD A

JUD 655,580B [ 655,580B]

JUD B

P R O G R A M A P P R O P R I A T I O N S

------------------------------------------------------------------------

A P P R O P R I A T I O N S

ITEM PROG. PROGRAM EXPENDING FISCAL M FISCAL M

NO. ID AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

5. JUD320 - SECOND JUDICIAL CIRCUIT

194.00*

OPERATING JUD 10,472,296A

6. JUD121 - DISTRICT COURTS

500.50* [ 500.50*]

*

OPERATING JUD 19,697,021A [ 19,531,007A]

JUD A

35.00* [ 35.00*]

*

JUD 2,345,272B [ 1,988,786B]

JUD B

7. JUD330 - THIRD JUDICIAL CIRCUIT

196.00*

OPERATING JUD 12,615,790A

8. JUD350 - FIFTH JUDICIAL CIRCUIT

81.00*

OPERATING JUD 4,379,870A

9. JUD201 - ADMIN. DIRECTOR SERVICES

257.00* [ 257.00*]

*

OPERATING JUD 16,945,802A [ 16,972,882A]

JUD A

JUD 3,975,388B [ 1,746,738B]

JUD B

P R O G R A M A P P R O P R I A T I O N S

------------------------------------------------------------------------

A P P R O P R I A T I O N S

ITEM PROG. PROGRAM EXPENDING FISCAL M FISCAL M

NO. ID AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

10. JUD601 - ADMINISTRATION

257.00*

OPERATING JUD 17,011,474A

1.00*

JUD 3,568,207B

INVESTMENT CAPITAL JUD 14,314,000C 33,333,000C"

SECTION 3. Act 1, First Special Session Laws of Hawaii 2001, is amended:

(1) By repealing section 4.

["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 further that no individual transfer shall be greater than $250,000; provided further that no transfer shall be made to implement any collective bargaining contract signed after this legislature adjourns sine die; provided further that these transfers shall be consistent with legislative intent; provided further that the judiciary shall submit a detailed report on each transfer, and this report shall include but not be limited to, the amount transferred, the justification for each transfer, and shall include the complete report from the previous fiscal year; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular session."]

(2) By adding a new section to read as follows:

"SECTION 5.1. Provided that of the special fund appropriation for the first judicial circuit (JUD 310), the sum of $162,054 for fiscal year 2002-2003 may be expended from the computer system special fund for a local area network/wide area network system for Kaneohe district court."

(3) By adding a new section to read as follows:

"SECTION 5.2. Provided that of the special fund appropriation for administration (JUD 601), the sum of $472,780 for fiscal year 2002-2003 may be expended from the computer system special fund to upgrade the financial management and accounting system."

(4) By adding a new section to read as follows:

"SECTION 5.3. Provided that of the special fund appropriation for administration (JUD 601), the sum of $48,689 may be expended from the computer system special fund to procure a full-time webmaster position."

(5) By repealing section 6.

["SECTION 6. Provided that of the general fund appropriation for courts of appeal (JUD 101), the sum of $638,268 for fiscal year 2001-2002 shall be expended on dues and subscriptions for the law library; provided further that the judiciary shall submit a report to the legislature detailing all expenditures by the law library on dues and subscriptions; provided further that this report shall also include recommendations for the law library to achieve financial self-sufficiency; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 regular session."]

(6) By repealing section 7.

["SECTION 7. Provided that of the general fund appropriation for circuit court (JUD 111), the sum of $1,480,747 for fiscal year 2001-2002 and the sum of $1,890,488 for fiscal year 2002-2003 shall be expended only for the following purposes:

FY 2002 FY 2003

1st Circuit Drug Court (Oahu) $930,849 $930,849

2nd Circuit Drug Court (Maui) $269,380 $283,602

3rd Circuit Drug Court (Hilo/Kona) $116,971 $440,832

5th Circuit Drug Court (Kauai) $163,547 $235,205;

provided further that any unexpended funds shall lapse to the general fund; provided further that the judiciary shall submit a report of all expenditures; provided further that this report shall include but not be limited to the progress of the drug court, number of individuals in these programs, the success and failure rate by court, and cost per person by court; and provided further that this report shall be submitted no later than twenty days prior to the convening of the 2002 and 2003 regular session."]

(7) By repealing section 8.

["SECTION 8. Provided that of the general fund appropriation for circuit court (JUD 111), the sum of $7,227,672 for fiscal year 2001-2002 and the sum of $7,351,854 for fiscal year 2002-2003 shall be in each listed circuit for the adult probation division:

FY 2002 FY 2003

1st Circuit Court (Oahu) $4,395,535 $4,490,805

2nd Circuit Court (Maui) $1,053,032 $1,060,491

3rd Circuit Court (Hilo/Kona) $1,217,024 $1,234,750

5th Circuit Court (Kauai) $562,081 $565,808;

provided further that any unexpended funds shall lapse to the general fund; and provided further that the judiciary shall submit a report of all expenditures by the adult probation division, broken out by each circuit, twenty days prior to the convening of the 2002 and 2003 regular session."]

(8) By repealing section 9.

["SECTION 9. Provided that of the general fund appropriation for family court (JUD 112), the sum of $159,505 for fiscal year 2001-2002 and the sum of $173,540 for fiscal year 2002-2003 shall be expended for a total of five (5) additional probation officers; provided further that any unexpended funds shall lapse to the general fund; and provided further that the judiciary shall submit a report of all expenditures twenty days prior to the convening of the 2002 and 2003 regular session."]

(9) By repealing section 10.

["SECTION 10. Provided that of the general fund appropriation for the Ho'okele Navigation Project, the sum of $89,430 for fiscal year 2001-2002 and the sum of $98,040 for fiscal year 2002-2003 shall be expended only for the following purposes:

FY 2002 FY 2003

Circuit Court Ho'okele Navigation Project $44,715 $49,020

District Court Ho'okele Navigation Project $44,715 $49,020;

provided further that any unexpended funds shall lapse to the general fund; provided further that the judiciary shall submit a report of all expenditures, number of people served and type of information provided; and provided further that this report shall be submitted no later than twenty days prior to the convening of the 2002 and 2003 regular session."]

SECTION 4. Part IV, Act 1, First Special Session Laws of Hawaii 2001, is amended by amending part IV to read as follows:

"PART IV. CAPITAL IMPROVEMENT PROJECTS

SECTION 14. The sum of [$23,027,000] $47,647,000 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; 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 CAPITAL PROJECT EXPENDING FISCAL M FISCAL M

NO. NO. TITLE AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

The Judicial System

[ JUD201 - ADMIN. DIRECTOR SERVICES ]

[ 1. KAUAI JUDICIARY COMPLEX, KAUAI

DESIGN, CONSTRUCTION, AND EQUIPMENT

FOR THE KAUAI JUDICIARY COMPLEX IN

LIHUE, KAUAI.

DESIGN 400

CONSTRUCTION 4,000

EQUIPMENT 4,000

TOTAL FUNDING JUD 400C 8,000C]

JUD601 - ADMINISTRATION

1A. KAUAI JUDICIARY COMPLEX, KAUAI

DESIGN, CONSTRUCTION, AND EQUIPMENT

FOR THE KAUAI JUDICIARY COMPLEX IN

LIHUE, KAUAI

DESIGN 400

CONSTRUCTION 4,000

EQUIPMENT 4,000

TOTAL FUNDING JUD 400C 8,000C

1B. HILO JUDICIARY COMPLEX, HAWAII

PLANS, LAND ACQUISITION, DESIGN AND

CONSTRUCTION FOR THE HILO JUDICIARY

COMPLEX, HAWAII

PLANS 25

LAND 3,500

DESIGN 3,500 1,500

CONSTRUCTION 18,500

TOTAL FUNDING JUD 7,025C 20,000C

CAPITAL IMPROVEMENT PROJECTS

------------------------------------------------------------------------

APPROPRIATIONS (IN 000'S)

ITEM CAPITAL PROJECT EXPENDING FISCAL M FISCAL M

NO. NO. TITLE AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

1C. KOOLAUPOKO DISTRICT COURT, OAHU

CONSTRUCTION AND EQUIPMENT FOR THE

KOOLAUPOKO DISTRICT COURT IN KANEOHE,

OAHU.

CONSTRUCTION 500

EQUIPMENT 775 20

TOTAL FUNDING JUD 1,275C 20C

1D. KAPUAIWA BUILDING INTERIOR ALTERATIONS

AND IMPROVEMENTS, OAHU

DESIGN, CONSTRUCTION, AND EQUIPMENT

FOR INTERIOR AND OTHER IMPROVEMENTS AT

THE KAPUAIWA BUILDING, OAHU.

DESIGN 20

CONSTRUCTION 645

EQUIPMENT 10

TOTAL FUNDING JUD 675C C

1E. ALIIOLANI HALE INTERIOR ALTERATIONS AND

IMPROVEMENTS, OAHU

DESIGN, CONSTRUCTION, AND EQUIPMENT

FOR INTERIOR ALTERATIONS AND

IMPROVEMENTS AT ALIIOLANI HALE, OAHU

DESIGN 55

CONSTRUCTION 710

EQUIPMENT 10

TOTAL FUNDING JUD 775C C

 

CAPITAL IMPROVEMENT PROJECTS

------------------------------------------------------------------------

APPROPRIATIONS (IN 000'S)

ITEM CAPITAL PROJECT EXPENDING FISCAL M FISCAL M

NO. NO. TITLE AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

1F. 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 38 34

CONSTRUCTION 150 135

EQUIPMENT 47 43

TOTAL FUNDING JUD 236C 213C

1G. REMODELING AND UPGRADING JUDICIARY

BUILDINGS, STATEWIDE

PLANS, DESIGN, CONSTRUCTION, AND

EQUIPMENT FOR REMODELING AND UPGRADING

JUDICIARY BUILDINGS, STATEWIDE

PLANS 5 5

DESIGN 70 70

CONSTRUCTION 415 415

EQUIPMENT 10 10

TOTAL FUNDING JUD 500C 500C

1H. KAAHUMANU HALE AIR CONDITIONING CHILLER

PLANT REPLACEMENT, OAHU

DESIGN AND CONSTRUCTION FOR

REPLACEMENT OF AIR CONDITIONING CHILLER

PLANT AT KAAHUMANU HALE, OAHU.

DESIGN 150

CONSTRUCTION 1,400

TOTAL FUNDING JUD 1,550C C

CAPITAL IMPROVEMENT PROJECTS

------------------------------------------------------------------------

APPROPRIATIONS (IN 000'S)

ITEM CAPITAL PROJECT EXPENDING FISCAL M FISCAL M

NO. NO. TITLE AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

1I. KAUIKEAOULI HALE AIR CONDITIONING

REPLACEMENT, OAHU

DESIGN AND CONSTRUCTION FOR

REPLACEMENT OF AIR CONDITIONING CHILLER

PLANT AT KAUIKEAOULI HALE, OAHU

DESIGN 115

CONSTRUCTION 1,120

TOTAL FUNDING JUD 1,235C C

1J. ALIIOLANI HALE AIR CONDITIONING

EQUIPMENT REPLACEMENT, OAHU

DESIGN AND CONSTRUCTION FOR

REPLACEMENT OF CHILLER PLANT AND AIR

CONDITIONING EQUIPMENT AT ALIIOLANI

HALE, OAHU

DESIGN 48

CONSTRUCTION 320

TOTAL FUNDING JUD 368C C

1K. JUVENILE DETENTION HOME FACILITY

IMPROVEMENTS, OAHU

DESIGN AND CONSTRUCTION FOR ROOF AND

OTHER IMPROVEMENTS AT THE EXISTING

JUVENILE DETENTION HOME, HALE HOOMALU,

OAHU

DESIGN 30

CONSTRUCTION 245

TOTAL FUNDING JUD 275C C

CAPITAL IMPROVEMENT PROJECTS

------------------------------------------------------------------------

APPROPRIATIONS (IN 000'S)

ITEM CAPITAL PROJECT EXPENDING FISCAL M FISCAL M

NO. NO. TITLE AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

1L. CHILDREN'S JUSTICE CENTER BUILDING, OAHU

PLANS, LAND ACQUISITION, AND DESIGN

FOR THE CHILDREN'S JUSTICE CENTER.

PLANS 250

LAND 2,850

DESIGN 400

TOTAL FUNDING JUD C 3,500C

1M. KAAHUMANU HALE ROOF, OAHU

DESIGN AND CONSTRUCTION FOR ROOF,

SKYLIGHT, AND RELATED IMPROVEMENTS AT

KAAHUMANU HALE, OAHU.

CONSTRUCTION 1,100

TOTAL FUNDING JUD C 1,100C

[ JUD201 - ADMIN. DIRECTOR SERVICES ]

[ 2. HILO JUDICIARY COMPLEX, HAWAII

PLANS, LAND ACQUISITION, AND DESIGN

FOR THE HILO JUDICIARY COMPLEX, HAWAII.

PLANS 25

LAND 3,500

DESIGN 3,500

TOTAL FUNDING JUD 7,025C C]

CAPITAL IMPROVEMENT PROJECTS

------------------------------------------------------------------------

APPROPRIATIONS (IN 000'S)

ITEM CAPITAL PROJECT EXPENDING FISCAL M FISCAL M

NO. NO. TITLE AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

[ 3. KOOLAUPOKO DISTRICT COURT, OAHU

CONSTRUCTION AND EQUIPMENT FOR THE

KOOLAUPOKO DISTRICT COURT IN KANEOHE,

OAHU.

CONSTRUCTION 500

EQUIPMENT 775

TOTAL FUNDING JUD 1,275C C]

[ 4. KAPUAIWA BUILDING INTERIOR ALTERATIONS

AND IMPROVEMENTS, OAHU

DESIGN, CONSTRUCTION, AND EQUIPMENT

FOR INTERIOR AND OTHER IMPROVEMENTS AT

THE KAPUAIWA BUILDING, OAHU.

DESIGN 20

CONSTRUCTION 645

EQUIPMENT 10

TOTAL FUNDING JUD 675C C]

[ 5. ALIIOLANI HALE INTERIOR ALTERATIONS AND

IMPROVEMENTS, OAHU

DESIGN, CONSTRUCTION, AND EQUIPMENT

FOR INTERIOR ALTERATIONS AND

IMPROVEMENTS AT ALIIOLANI HALE, OAHU.

DESIGN 55

CONSTRUCTION 710

EQUIPMENT 10

TOTAL FUNDING JUD 775C C]

CAPITAL IMPROVEMENT PROJECTS

------------------------------------------------------------------------

APPROPRIATIONS (IN 000'S)

ITEM CAPITAL PROJECT EXPENDING FISCAL M FISCAL M

NO. NO. TITLE AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

[ 6. 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 38 34

CONSTRUCTION 150 135

EQUIPMENT 47 43

TOTAL FUNDING JUD 236C 213C]

[ 7. REMODELING AND UPGRADING JUDICIARY

BUILDINGS, STATEWIDE

PLANS, DESIGN, CONSTRUCTION, AND

EQUIPMENT FOR REMODELING AND UPGRADING

JUDICIARY BUILDINGS, STATEWIDE.

PLANS 5 5

DESIGN 70 70

CONSTRUCTION 415 415

EQUIPMENT 10 10

TOTAL FUNDING JUD 500C 500C]

[ 8. KAAHUMANU HALE AIR CONDITIONING CHILLER

PLANT REPLACEMENT, OAHU

DESIGN AND CONSTRUCTION FOR

REPLACEMENT OF AIR CONDITIONING CHILLER

PLANT AT KAAHUMANU HALE, OAHU.

DESIGN 150

CONSTRUCTION 1,400

TOTAL FUNDING JUD 1,550C C]

CAPITAL IMPROVEMENT PROJECTS

------------------------------------------------------------------------

APPROPRIATIONS (IN 000'S)

ITEM CAPITAL PROJECT EXPENDING FISCAL M FISCAL M

NO. NO. TITLE AGENCY YEAR O YEAR O

2001-02 F 2002-03 F

------------------------------------------------------------------------

[ 9. KAUIKEAOULI HALE AIR CONDITIONING

CHILLER PLANT REPLACEMENT, OAHU

DESIGN AND CONSTRUCTION FOR

REPLACEMENT OF AIR CONDITIONING CHILLER

PLANT AT KAUIKEAOULI HALE, OAHU.

DESIGN 115

CONSTRUCTION 1,120

TOTAL FUNDING JUD 1,235C C]

[ 10. ALIIOLANI HALE AIR CONDITIONING

EQUIPMENT REPLACEMENT, OAHU

DESIGN AND CONSTRUCTION FOR

REPLACEMENT OF CHILLER PLANT AND AIR

CONDITIONING EQUIPMENT AT ALIIOLANI

HALE, OAHU.

DESIGN 48

CONSTRUCTION 320

TOTAL FUNDING JUD 368C C]

[ 11. JUVENILE DETENTION HOME FACILITY

IMPROVEMENTS, OAHU

DESIGN AND CONSTRUCTION FOR ROOF AND

OTHER IMPROVEMENTS AT THE EXISTING

JUVENILE DETENTION HOME, HALE HOOMALU,

OAHU.

DESIGN 30

CONSTRUCTION 245

TOTAL FUNDING JUD 275C C]

SECTION 5. Part V, Act 1, Special Session Laws of Hawaii 2001, is amended by amending Part V to read as follows:

"PART V. ISSUANCE OF BONDS

SECTION 15. 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 [$23,027,000.] $47,647,000."

SECTION 6. Act 1, Special Session Laws of Hawaii 2001, is amended by adding a new section to read as follows:

"SECTION 15.1. Any law to the contrary notwithstanding the appropriation under Act 299, Session Laws of Hawaii 1991, section 13, as amended and renumbered in Act 301, Session Laws of Hawaii 1992, section 5, in the amount indicated or balance thereof, allotted, encumbered, and unrequired, is hereby lapsed:

Item No. Amount (MOF)

JUD 201-5 $ 325,000 C"

SECTION 7. 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 8. 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 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon approval.