Bill Text: HI SB2102 | 2016 | Regular Session | Amended
Bill Title: Judiciary supplemental budget. ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2016-04-20 - Conference committee meeting scheduled for 04-21-16 2:00PM in conference room 325. [SB2102 Detail]
Download: Hawaii-2016-SB2102-Amended.html
|
THE SENATE |
S.B. NO. |
2102 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
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:
SECTION 1. This Act shall be known and may be cited as the Judiciary Supplemental Appropriations Act of 2016.
SECTION 2. Act 138, Session Laws of Hawaii 2015, 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, 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.
PROGRAM APPROPRIATIONS
|
A P P R O P R I A T I O N S |
|
|
FISCAL M FISCAL M |
ITEM PROG. EXPENDING YEAR O YEAR O |
|
NO. ID PROGRAM AGENCY 2015-2016 F 2016-2017 F |
The Judicial System
71.00* 71.00*
OPERATING JUD 6,563,752A 6,713,204A
1,077.50* [1,077.50*]
1,079.50*
OPERATING JUD 80,710,960A
[82,178,576A]
82,288,002A
41.00* 41.00*
JUD 4,144,799B 4,150,321B
207.00* 207.00*
OPERATING JUD 16,145,386A 16,414,724A
228.00* [228.00*]
229.00*
OPERATING JUD 19,145,986A 19,427,874A
99.00* 99.00*
OPERATING JUD 7,379,519A 7,513,151A
1.00* 1.00*
OPERATING JUD 93,418A 93,418A
227.00* 227.00*
OPERATING JUD 26,028,018A
[25,841,778A]
26,771,778A
1.00* 1.00*
JUD 7,976,193B 7,989,841B
JUD 343,261W 343,261W
INVESTMENT CAPITAL JUD 55,000,000C C"
SECTION 4. Act 138, Session Laws of Hawaii 2015, is amended by amending Part III as follows:
(1) By adding a new section to read:
"SECTION 7.1. Provided that of the general fund appropriation for fiscal year 2016-2017 for judiciary administration (JUD601):
(1) The chief justice shall expend $330,000 or so much thereof as may be necessary for the purpose specified in one of the following subparagraphs (A), (B), or (C); provided that an expenditure may be made for the purpose of subparagraph (B) only if the condition under that subparagraph for the passage of another act is met:
(A) For the family court of the first circuit:
(i) Personal services for 1.00 permanent district family court judge, 2.00 permanent circuit court clerk II positions, and 1.00 permanent court bailiff II position, all of which were established before January 1, 2016, and fall under the position ceiling under part II for the first circuit (JUD310);
(ii) Other current expenses; and
(iii) Equipment;
(B) For the district court of the second circuit, if another act is enacted to authorize a fourth district court judge for the second circuit:
(i) Personal services for 1.00 permanent district court judge, 2.00 permanent district court clerk II positions, and 1.00 permanent bailiff II position;
(ii) Other current expenses; and
(iii) Equipment.
For the purpose of this subparagraph, "another act" means an act other than Act 138, Session Laws of Hawaii 2015, as amended by this Act; or
(C) For the family court of the fifth circuit:
(i) Personal services for 1.00 permanent family court judge, 2.00 permanent circuit court clerk II positions, and 1.00 permanent bailiff II position;
(ii) Other current expenses; and
(iii) Equipment.
(2) If the chief justice decides to expend the $330,000 general fund appropriation of paragraph (1) for the family court of the first circuit, the chief justice shall transfer the general fund appropriation to the first circuit (JUD310) and expend the transferred appropriation for the purpose specified under paragraph (1)(A) for fiscal year 2016-2017. From the fiscal biennium 2017-2019, the $330,000 general fund appropriation shall be deemed part of and included in the base budget for the first circuit (JUD310).
(3) If the chief justice decides to expend the $330,000 general fund appropriation of paragraph (1) for the district court of the second circuit, the chief justice shall:
(A) Transfer the general fund appropriation to the second circuit (JUD320) and expend the transferred appropriation for the purpose specified under paragraph (1)(B) for fiscal year 2016-2017; and
(B) Establish for fiscal year 2016-2017 the permanent positions listed in paragraph (1)(B), notwithstanding the position ceiling under part II for the second circuit (JUD320).
From the fiscal biennium 2017-2019, the 4.00 positions established and $330,000 general fund appropriation shall be deemed part of and included in the base budget for the second circuit (JUD320) and the position ceiling for the second circuit (JUD320) shall be deemed increased accordingly.
(4) If the chief justice decides to expend the $330,000 general fund appropriation of paragraph (1) for the family court of the fifth circuit, the chief justice shall:
(A) Transfer the general fund appropriation to the fifth circuit (JUD350) and expend the transferred appropriation for the purpose specified under paragraph (1)(C) for fiscal year 2016-2017; and
(B) Establish for fiscal year 2016-2017 the permanent positions listed in paragraph (1)(C), notwithstanding the position ceiling under part II for the fifth circuit (JUD350).
From the fiscal biennium 2017-2019, the 4.00 positions established and $330,000 general fund appropriation shall be deemed part of and included in the base budget for the fifth circuit (JUD350) and the position ceiling for the fifth circuit (JUD350) shall be deemed increased accordingly.
(5) The chief justice shall notify the legislature of the purpose for which the $330,000 general fund appropriation under paragraph (1) will be expended, within ten days after commencing the expenditure."
(2) By amending section 4 to read:
"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 the transfer authority conferred upon the chief justice by section 7.1 shall be additional to the transfer authority conferred by this section; and provided further that no transfer shall be made to implement any collective bargaining contract signed after this legislature adjourns sine die."
(3) By amending section 7 to read:
"SECTION 7. Provided that of the
general funds appropriated for administration (JUD601), the sum of $600,000 or
so much thereof as may be necessary for fiscal year 2015-2016 and the same sum
or so much thereof as may be necessary for fiscal year 2016-2017 shall be
expended for purchase of service contracts for civil legal services; provided
further that the administrative director of the courts shall submit to the
legislature by February 1, 2016, a report listing the purchase of service
contracts entered into from July 1, 2015, to December 31, 2015, the purpose of
the contracts, and contract award amounts; and provided further that the
administrative director of the courts at least twenty days prior to the
convening of the regular sessions of 2016 and 2017, shall submit to the
legislature a report listing[:] the following: the purchase of
service contracts entered into in the immediately preceding fiscal year; the
purpose of the contracts; the contract award amounts; expenditures and
encumbrances under the contracts; and program measures achieved by the contractors."
SECTION 5. 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 6. 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 regular session.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2016.
Report Title:
Judiciary Package; Supplemental Appropriations
Description:
Appropriates funds to the Judiciary for FY 2016-2017. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
