REPORT TITLE:
Judiciary Budget

DESCRIPTION:
Judiciary Appropriations Act of 1999. (HB1450 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1450
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            C.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 1999.
 
   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
 
            B    Special funds
 
            C    General obligation bond funds
 
            N    Other federal funds
 
            W    Revolving funds
 
   (c)  "Position ceiling" means the maximum number of
 

 
Page 2                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
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, 1999, and ending June 30, 2001.  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.
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 3                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
                                          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
                                            1999-00 F       2000-01 F
------------------------------------------------------------------------
The Judicial System                                                     
 1. JUD101 - COURTS OF APPEAL                                         
                                               76.00*          76.00*
      OPERATING               JUD          4,633,053A      4,633,053A
                              JUD             75,000W         75,000W
 2. JUD111 - CIRCUIT COURTS                                           
                                              489.50*         493.50*
      OPERATING               JUD         26,077,341A     26,041,957A
                              JUD            212,602N               N
 3. JUD112 - FAMILY COURTS                                            
                                              412.00*         416.00*
      OPERATING               JUD         26,537,136A     26,683,470A
                              JUD            386,575B        386,575B
 4. JUD121 - DISTRICT COURTS                                          
                                              495.50*         495.50*
      OPERATING               JUD         17,911,155A     17,878,430A
                                               35.00*          35.00*
                              JUD          1,643,033B      1,617,033B
 5. JUD201 - ADMIN. DIRECTOR SERVICES                                 
                                              236.00*         236.00*
      OPERATING               JUD         15,690,914A     15,438,872A
                              JUD          2,080,102B      2,188,937B
      INVESTMENT CAPITAL      JUD          2,970,000C     30,900,000C    

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 4                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
               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.
 

 
 
 
 
 
Page 5                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
   SECTION 6.  Provided that of the general fund appropriation
 
for circuit courts (JUD 111), $50,000 shall be expended to
 
establish and implement the alternatives to incarceration pilot
 
program.
 
   SECTION 7.  Provided that of the general fund appropriation
 
for circuit courts (JUD 111), $70,867 shall be expended to
 
continue phase II of the third circuit court video conferencing
 
project.
 
   SECTION 8.  Provided that of the general fund appropriation
 
for family court (JUD 112), $60,000 shall be expended to provide
 
prostitution intervention services for juveniles within the
 
jurisdiction of the family court.
 
      PART IV.  CAPITAL IMPROVEMENTS PROGRAM PROJECTS
 
   SECTION 9.  The sum of $33,870,000 appropriated or
 
authorized in part II of this Act for capital improvements
 
program 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
 

 
 
 
Page 6                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
funding for each project listed in this part are in thousands of
 
dollars.)
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 7                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
------------------------------------------------------------------------
                                           APPROPRIATIONS (IN 000'S) 
ITEM  CAPITAL PROJECT             EXPENDING     FISCAL M        FISCAL M
 NO.  NO.         TITLE            AGENCY        YEAR  O         YEAR  O
                                            1999-00 F       2000-01 F
------------------------------------------------------------------------
The Judicial System                                                     
JUD201 - ADMIN. DIRECTOR SERVICES                                       
                                                                     
 1.        FAMILY COURT AND JUVENILE DETENTION                        
          CENTER, OAHU                                               
                                                                     
     PLANS, LAND ACQUISITION, AND DESIGN                             
   FOR THE FAMILY COURT AND JUVENILE                                 
   DETENTION CENTER AT KAPOLEI, OAHU.                                
         PLANS                                     1                 
         LAND                                      1                 
         DESIGN                                  198                 
             TOTAL FUNDING        JUD            200C               C
                                                                     
 2.        KAUAI JUDICIARY COMPLEX, KAUAI                             
                                                                     
     DESIGN AND CONSTRUCTION FOR A NEW                               
   JUDICIARY COMPLEX IN LIHUE, KAUAI.                                
         DESIGN                                   40                 
         CONSTRUCTION                            755          30,000 
             TOTAL FUNDING        JUD            795C         30,000C
                                                                         

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 8                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
------------------------------------------------------------------------
                                           APPROPRIATIONS (IN 000'S) 
ITEM  CAPITAL PROJECT             EXPENDING     FISCAL M        FISCAL M
 NO.  NO.         TITLE            AGENCY        YEAR  O         YEAR  O
                                            1999-00 F       2000-01 F
------------------------------------------------------------------------
                                                                     
 3.        HOAPILI HALE UPGRADE IMPROVEMENTS, MAUI                    
                                                                     
     DESIGN, CONSTRUCTION, AND EQUIPMENT                             
   FOR UPGRADE IMPROVEMENTS AT HOAPILI HALE                          
   IN WAILUKU, MAUI.                                                 
         DESIGN                                   10                 
         CONSTRUCTION                            180                 
         EQUIPMENT                                10                 
             TOTAL FUNDING        JUD            200C               C
                                                                     
 4.        BACK-UP POWER FOR JUDICIARY COMPUTER                       
          CENTER, OAHU                                               
                                                                     
     PLANS, DESIGN, CONSTRUCTION, AND                                
   EQUIPMENT FOR EMERGENCY ELECTRICAL POWER                          
   SYSTEMS FOR THE JUDICIARY COMPUTER                                
   CENTER AT KAUIKEAOULI, OAHU.                                      
         PLANS                                     5                 
         DESIGN                                   45              15 
         CONSTRUCTION                                            420 
         EQUIPMENT                                                15 
             TOTAL FUNDING        JUD             50C            450C
                                                                         

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 9                                                     1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
------------------------------------------------------------------------
                                           APPROPRIATIONS (IN 000'S) 
ITEM  CAPITAL PROJECT             EXPENDING     FISCAL M        FISCAL M
 NO.  NO.         TITLE            AGENCY        YEAR  O         YEAR  O
                                            1999-00 F       2000-01 F
------------------------------------------------------------------------
                                                                     
 5.        HILO STATE OFFICE BUILDING DISTRICT                        
          COURT INTERIOR ALTERNATIONS, HAWAII                        
                                                                     
     PLANS, DESIGN, CONSTRUCTION, AND                                
   EQUIPMENT FOR INTERIOR ALTERATIONS TO                             
   DISTRICT COURT OFFICES AT HILO, HAWAII.                           
         PLANS                                     5                 
         DESIGN                                   15                 
         CONSTRUCTION                             75                 
         EQUIPMENT                                 5                 
             TOTAL FUNDING        JUD            100C               C
                                                                     
 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                                    1               1 
         CONSTRUCTION                            897             447 
         EQUIPMENT                                 1               1 
             TOTAL FUNDING        JUD            900C            450C
                                                                         

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 10                                                    1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
------------------------------------------------------------------------
                                           APPROPRIATIONS (IN 000'S) 
ITEM  CAPITAL PROJECT             EXPENDING     FISCAL M        FISCAL M
 NO.  NO.         TITLE            AGENCY        YEAR  O         YEAR  O
                                            1999-00 F       2000-01 F
------------------------------------------------------------------------
                                                                     
 7.        REMODELING AND UPGRADING JUDICIARY                         
          BUILDINGS, STATEWIDE                                       
                                                                     
     PLANS, DESIGN, CONSTRUCTION, AND                                
   EQUIPMENT FOR REMODELING AND UPGRADING                            
   JUDICIARY BUILDINGS, STATEWIDE.                                   
         PLANS                                     5                 
         DESIGN                                   70                 
         CONSTRUCTION                            415                 
         EQUIPMENT                                10                 
             TOTAL FUNDING        JUD            500C               C
                                                                     
 8.        HOOKELE COURT NAVIGATIONAL PROJECT,                        
          OAHU                                                       
                                                                     
     PLANS, DESIGN, AND CONSTRUCTION FOR                             
   COURT CONCIERGE AND CUSTOMER SERVICE                              
   CENTERS WITHIN JUDICIARY BUILDINGS,                               
   OAHU.                                                             
         PLANS                                     5                 
         DESIGN                                   20                 
         CONSTRUCTION                            200                 
             TOTAL FUNDING        JUD            225C               C
                                                                         

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 11                                                    1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
                PART V.  ISSUANCE OF BONDS
 
   SECTION 10.  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 $33,870,000.
 
               PART VI.  SPECIAL PROVISIONS
 
   SECTION 11.  Any law or any provision of this Act to the
 
contrary notwithstanding, the appropriations made for capital
 
improvements program 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 1999-2000 and fiscal year
 
2000-2001 which are unencumbered as of June 30, 2002, shall lapse
 
as of that date.
 
   SECTION 12.  The judiciary is authorized to delegate to
 
other state or county agencies the planning, land acquisition,
 
design, construction, and equipment of any capital improvements
 
project when it is determined by the judiciary to be advantageous
 
to do so.
 
   SECTION 13.  All unrequired balances in the general
 
obligation bond fund, after the objectives of part II
 

 
 
 
Page 12                                                    1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
appropriations for capital improvements program purposes listed
 
as projects in part IV have been met, shall be transferred to the
 
judiciary project adjustment fund; provided that the judiciary
 
shall submit a report of the legislature no later than thirty
 
days prior to the convening of the 2000 and 2001 regular
 
sessions.
 
   SECTION 14.  If the amount allocated from the general
 
obligation bond fund for a capital improvements program project
 
listed in part IV of this Act is insufficient, the chief justice
 
may make supplemental allotments from the project adjustment
 
fund; provided further that such supplemental allotments from the
 
project adjustments fund shall not be used to increase the scope
 
of the project; and provided further that the chief justice shall
 
submit a report to the legislature no later than twenty days
 
prior to the convening of the 2000 and 2001 regular sessions.
 
   SECTION 15.  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 16.  The chief justice shall determine when and the
 
manner in which the authorized capital improvements program
 

 
 
 
Page 13                                                    1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
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 17.  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 18.  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.
 

 
 
 
Page 14                                                    1450
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
   SECTION 19.  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 20.  This Act shall take effect on July 1, 1999.