Bill Text: HI SB469 | 2017 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating To The Judiciary.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-07-12 - Act 195, on 07/11/2017 (Gov. Msg. No. 1309). [SB469 Detail]

Download: Hawaii-2017-SB469-Amended.html

THE SENATE

S.B. NO.

469

TWENTY-NINTH LEGISLATURE, 2017

S.D. 2

STATE OF HAWAII

H.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.  SHORT TITLE.  This Act shall be known and may be cited as the Judiciary Appropriations Act of 2017.

     SECTION 2.  DEFINITIONS.  Unless otherwise clear from the context, as used in this Act:

     (a)  "Means of financing," or "MOF," means the source from which funds are appropriated or authorized 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

              P    Other federal funds

              W    Revolving funds

     (b)  "Permanent position ceiling" means the maximum number of permanent positions that an expending agency is authorized for a particular program during a specified period or periods, as denoted by an asterisk.

     (c)  "Program ID" means the unique identifier for the specific program, and consists of the abbreviation for the judiciary (JUD) followed by the organization number for the program.

PART II.  PROGRAM APPROPRIATIONS

     SECTION 3.  APPROPRIATIONS.  The following sums, or so much thereof as may be sufficient to accomplish the purposes and programs designated herein, are hereby appropriated or authorized from the means of financing specified to the judiciary for the fiscal biennium beginning July 1, 2017, and ending June 30, 2019.  The total expenditures and the number of positions in each fiscal year of the biennium shall not exceed the sums and the number indicated for each fiscal year, except as provided elsewhere in this Act, or as provided by general law.





PROGRAM APPROPRIATIONS

 

 

APPROPRIATIONS

 

ITEM

NO.

PROG.

ID

PROGRAM

EXPENDING

AGENCY

FISCAL

YEAR

2017-2018

M

O

F

FISCAL

YEAR

2018-2019

M

O

F

 

The Judicial System

 

1.   JUD101 - COURTS OF APPEAL

                                                 72.00*         72.00*

OPERATING                         JUD        6,969,713A     7,017,137A

 

2.   JUD310 - FIRST JUDICIAL CIRCUIT

                                              1,076.50*      1,076.50*

OPERATING                         JUD       84,362,500A    84,571,106A

                                                 41.00*         41.00*

                                  JUD        4,303,649B     4,303,649B

 

3.   JUD320 - SECOND JUDICIAL CIRCUIT

                                                207.00*        207.00*

OPERATING                         JUD       17,022,300A    16,895,435A

 

4.   JUD330 - THIRD JUDICIAL CIRCUIT

                                                228.00*        228.00*

OPERATING                         JUD       19,950,257A    19,998,721A

 

5.   JUD350 - FIFTH JUDICIAL CIRCUIT

                                                 99.00*         99.00*

OPERATING                         JUD        7,755,550A     7,773,315A

 

6.   JUD501 - JUDICIAL SELECTION COMMISSION

                                                  1.00*          1.00*

OPERATING                         JUD           98,790A        98,790A

 

7.   JUD601 - ADMINISTRATION

                                                227.00*        227.00*

OPERATING                         JUD       26,737,667A    26,392,458A

                                                  1.00*          1.00*

                                  JUD        7,993,737B     7,993,737B

                                  JUD          343,261W       343,261W

INVESTMENT CAPITAL                JUD        1,000,000C     1,600,000C



PART III.  PROGRAM APPROPRIATION 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; and 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.  CAPITAL IMPROVEMENT PROJECTS AUTHORIZED.  The sums of money appropriated or authorized in part II of this Act for capital improvements shall be expended for the projects listed below.  Several related or similar projects may be combined into a single project if such combination is advantageous or convenient for implementation; provided that the total cost of the projects thus combined shall not exceed the total of the sum 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.)


THE JUDICIAL SYSTEM

 

A.  ECONOMIC DEVELOPMENT

JUD601 - ADMINISTRATION

 

1.          HOAPILI HALE SECURITY IMPROVEMENTS PHASES 1, 2, AND 3, MAUI

 

            DESIGN AND CONSTRUCTION FOR SECURITY-RELATED IMPROVEMENTS AT HOAPILI HALE, MAUI.

            DESIGN                                          100         150

            CONSTRUCTION                                    900       1,450

               TOTAL FUNDING              JUD             1,000 C      1,600 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 $2,600,000.

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 2017-2018 and fiscal year 2018-2019 that are unencumbered as of June 30, 2020, shall lapse as of that date.

     SECTION 10.  The judiciary may 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 listed as projects in part IV of this Act 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 judiciary 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 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 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 of this Act 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 VII.  MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE

     SECTION 16.  If any portion of this Act or its application to any person, entity, or circumstance is held to be invalid for any reason, the legislature declares that the remainder of the Act and each and every other provision thereof shall not be affected thereby.  If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be expended to fulfill the objective of such appropriation to the extent possible.

     SECTION 17.  In the event manifest clerical, typographical, or other mechanical errors are found in this Act, the chief justice is hereby authorized to correct such errors.

     SECTION 18.  This Act shall take effect on July 1, 2017.



 

Report Title:

Judiciary Package; Appropriations; Budget

 

Description:

Appropriates funds for the judiciary for the fiscal biennium beginning 7/1/2017 and ending 6/30/2019.  Effective 7/1/2017.  (HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

 

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