Report Title:

Judiciary Budget

Description:

Provides the Judiciary budget for the 2003-2005 biennium. (SD1)

THE SENATE

S.B. NO.

1140

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

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 5,862,970 A 5,804,960 A

JUD 243,261 W 243,261 W

2. JUD310 – FIRST JUDICIAL CIRCUIT

992.50 * 993.50 *

OPERATING JUD 56,323,495 A 56,360,125 A

35.00 * 35.00 *

JUD 3,112,683 B 3,112,683 B

3. JUD320 – SECOND JUDICIAL CIRCUIT

195.00 * 199.00 *

OPERATING JUD 11,660,593 A 11,991,681 A

4. JUD330 – THIRD JUDICIAL CIRCUIT

196.00 * 202.00 *

OPERATING JUD 13,787,016 A 14,202,575 A

5. JUD350 – FIFTH JUDICIAL CIRCUIT

81.00 * 90.00 *

OPERATING JUD 4,743,393 A 5,087,759 A

6. JUD601 - ADMINISTRATION

265.00 * 265.00 *

OPERATING JUD 22,791,117 A 22,776,877 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 C

2. 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.