Makes a biennial appropriation to the judiciary for operating and capital improvement expenses. (SD1)

A BILL FOR AN ACT

SECTION 1. This Act shall be known and may be cited as the Judiciary Appropriations Act of 2001.

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 permanent positions authorized for a particular program during a specified period or periods, as noted by an asterisk.

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.

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 2001-02 F 2002-03 F

THE JUDICIAL SYSTEM

1. JUD101 - COURTS OF APPEAL

74.00 * 74.00 *

OPERATING JUD 4,994,899 A 4,994,899 A

JUD 75,000 W 75,000 W

2. JUD111 - CIRCUIT COURTS

517.00 * 524.00 *

OPERATING JUD 29,465,565 A 30,030,038 A

JUD 300,000 B 300,000 B

3. JUD112 - FAMILY COURTS

423.00 * 423.00 *

OPERATING JUD 29,058,472 A 28,960,252 A

JUD 655,580 B 655,580 B

4. JUD121 - DISTRICT COURTS

501.50 * 501.50 *

OPERATING JUD 20,356,405 A 20,079,531 A

35.00 * 35.00 *

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

5. JUD201 - ADMIN. DIRECTOR SERVICES

261.00 * 261.00 *

OPERATING JUD 17,622,247 A 17,632,097 A

JUD 3,975,388 B 1,346,738 B

INVESTMENT CAPITAL JUD 12,314,000 C 78,613,000 C

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 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; 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.

SECTION 7. Provided that the judiciary is authorized to transfer positions and appropriations from the current program structure (Program ID’s) to a program structure that reflects the revised lines of authority within the judiciary that result from Achieving Court Excellence (ACE) initiatives.

SECTION 8. Provided that the judiciary is authorized to expand the drug court program to all court circuits by adding sixteen permanent positions over the 2001-2003 fiscal biennium.

SECTION 9. Provided that the judiciary is authorized to add fourteen probation officers statewide.

SECTION 10. The sum of $90,927,000 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.)

APPROPRIATIONS (IN 000'S)

FISCAL M FISCAL M

ITEM CAPITAL PROJECT EXPENDING YEAR O YEAR O

NO. NO. TITLE AGENCY 2001-02 F 2002-03 F

The Judicial System

JUD201 - ADMIN. DIRECTOR SERVICES

1. KAPOLEI JUDICIARY COMPLEX, O`AHU

CONSTRUCTION 69,900

TOTAL FUNDING JUD 0 C 69,900 C

2. KAUA`I JUDICIARY COMPLEX, KAUA`I

DESIGN, CONSTRUCTION, AND

EQUIPMENT FOR A NEW JUDICIARY

COMPLEX IN LĪHU`E, KAUA`I.

DESIGN 400

CONSTRUCTION 4,000

EQUIPMENT 4,000

TOTAL FUNDING JUD 400 C 8,000 C

3. HILO JUDICIARY COMPLEX, HAWAI`I

PLANS, LAND, AND DESIGN FOR

A NEW JUDICIARY COMPLEX IN HILO,

HAWAI`I.

PLANS 25

LAND 1,500

DESIGN 3,500

TOTAL FUNDING JUD 5,025 C 0 C

4. KO`OLAUPOKO DISTRICT COURT, O`AHU.

CONSTRUCTION AND EQUIPMENT

FOR THE NEW KO`OLAUPOKO DISTRICT

COURT FACILITY, O`AHU.

CONSTRUCTION 500

EQUIPMENT 775

TOTAL FUNDING JUD 1,275 C 0 C

APPROPRIATIONS (IN 000'S)

FISCAL M FISCAL M

ITEM CAPITAL PROJECT EXPENDING YEAR O YEAR O

NO. NO. TITLE AGENCY 2001-02 F 2002-03 F

5. KAPUAIWA BUILDING RENOVATIONS AND

IMPROVEMENTS, O`AHU

DESIGN, CONSTRUCTION, AND

EQUIPMENT FOR RENOVATION AND

IMPROVEMENTS AT THE KAPUAIWA

BUILDING, O`AHU.

DESIGN 20

CONSTRUCTION 645

EQUIPMENT 10

TOTAL FUNDING JUD 675 C 0 C

6. ALI`IOLANI HALE INTERIOR

DESIGN, CONSTRUCTION, AND

EQUIPMENT FOR INTERIOR ALTERATIONS

AND OTHER IMPROVEMENTS AT ALI`IOLANI

HALE, O`AHU.

DESIGN 55 0

CONSTRUCTION 710 0

EQUIPMENT 10 0

TOTAL FUNDING JUD 775 C 0 C

APPROPRIATIONS (IN 000'S)

FISCAL M FISCAL M

ITEM CAPITAL PROJECT EXPENDING YEAR O YEAR O

NO. NO. TITLE AGENCY 2001-02 F 2002-03 F

7. ARCHITECTURAL BARRIER REMOVAL

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

8. 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 500 C 500 C

APPROPRIATIONS (IN 000'S)

FISCAL M FISCAL M

ITEM CAPITAL PROJECT EXPENDING YEAR O YEAR O

NO. NO. TITLE AGENCY 2001-02 F 2002-03 F

9. KA`AHUMANU HALE AIR CONDITIONING

CHILLER PLANT REPLACEMENT, O`AHU

DESIGN AND CONSTRUCTION FOR

REPLACEMENT OF AIR CONDITIONING

CHILLER PLANT AT KA`AHUMANU HALE,

O`AHU.

DESIGN 150

CONSTRUCTION 1,400

TOTAL FUNDING JUD 1,550 C 0 C

10. KAUIKEAOULI HALE AIR CONDITIONING

CHILLER PLANT REPLACEMENT, O`AHU

DESIGN AND CONSTRUCTION FOR

REPLACEMENT OF AIR CONDITIONING

CHILLER PLANT AT KAUIKEAOULI HALE,

O`AHU.

DESIGN 115

CONSTRUCTION 1,120

TOTAL FUNDING JUD 1,235 C 0 C

11. ALI`IOLANI HALE AIR CONDITIONING

EQUIPMENT REPLACEMENT, O`AHU

DESIGN AND CONSTRUCTION FOR

REPLACEMENT OF AIR CONDITIONING

EQUIPMENT AT ALI`IOLANI HALE,

O`AHU.

DESIGN 48

CONSTRUCTION 320

TOTAL FUNDING JUD 368 C 0 C

APPROPRIATIONS (IN 000'S)

FISCAL M FISCAL M

ITEM CAPITAL PROJECT EXPENDING YEAR O YEAR O

NO. NO. TITLE AGENCY 2001-02 F 2002-03 F

12. JUVENILE DETENTION HOME FACILITIES,

DESIGN AND CONSTRUCTION FOR

ROOF AND EXTERIOR IMPROVEMENTS

AT THE EXISTING JUVENILE DETENTION

HOME, HO`OMALU HALE, O`AHU.

DESIGN 30

CONSTRUCTION 245

TOTAL FUNDING JUD 275 C 0 C

SECTION 11. 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 $90,927,000.

SECTION 12. 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 2001-2002 and fiscal year 2002-2003 which are unencumbered as of June 30, 2004, shall lapse as of that date.

SECTION 13. 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 14. 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 15. 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 16. 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 17. 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 VI of this Act.

SECTION 18. 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.

SECTION 19. 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 20. 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 21. This Act shall take effect on July 1, 2001.