Provides the Judiciary budget for the 2003-2005 biennium. (HB 808 HD1 SD2)

A BILL FOR AN ACT

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) "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

W Revolving funds

(b) "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.

(c) "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.

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.

76.00* 76.00*

OPERATING JUD 5,862,970A 5,804,960A

JUD 243,261W 243,261W

992.50* 993.50*

OPERATING JUD 56,214,420A 56,251,050A

35.00* 35.00*

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

195.00* 199.00*

OPERATING JUD 11,660,593A 11,911,681A

196.00* 200.00*

OPERATING JUD 13,687,016A 14,017,077A

81.00* 90.00*

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

265.00* 265.00*

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

1.00* 1.00*

JUD 3,430,261B 3,430,261B

INVESTMENT CAPITAL JUD 9,216,000C 1,820,000C

SECTION 5. 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; provided further that these transfers shall be consistent with legislative intent; provided further that the judiciary shall submit a detailed report on each transfer, and this report shall include but not be limited to, the amount transferred, the justification for each transfer, the program ID which provides the origin of funding and the program ID which provides the destination of funding and shall include the complete report from the previous fiscal year; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2004 and 2005 regular sessions.

SECTION 6. 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 7. 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 8. Provided that the judiciary shall submit a report on all positions re-described and the justification for each re-description to the legislature no later than twenty days prior to the convening of the 2004 and 2005 regular sessions.

SECTION 9. Provided that the judiciary shall submit a report on all revenues and expenditures from the judiciary computer system special fund; provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2004 and 2005 regular sessions.

SECTION 10. Provided that of the general fund

appropriation for administration (JUD 601), the sum of $3,500,000 for fiscal year 2003-2004 and $3,500,000 for fiscal year 2004-2005 shall be expended for the judiciary information management system; provided further that the judiciary shall submit a report each year on all expenditures; provided further that all unexpended funds shall lapse into the general fund; and provided further that this report shall be submitted to the legislature no later then twenty days prior to the convening of the 2004 and 2005 regular sessions.

SECTION 11. The sum of $11,036,000 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 are in thousands of dollars.)

JUDICIAL SYSTEM

JUD601 - ADMINISTRATION

CONSTRUCTION 5,000

TOTAL FUNDING JUD 5,000 C C

DESIGN 30 30

CONSTRUCTION 600 600

EQUIPMENT 20 20

TOTAL FUNDING JUD 650 C 650 C

PLANS 1 1

DESIGN 133 30

CONSTRUCTION 800 413

EQUIPMENT 1 1

TOTAL FUNDING JUD 935 C 445 C

DESIGN 55

CONSTRUCTION 1

TOTAL FUNDING JUD 56 C C

DESIGN 20

CONSTRUCTION 230

TOTAL FUNDING JUD 250 C C

DESIGN 50

CONSTRUCTION 450

TOTAL FUNDING JUD 500 C C

DESIGN 50

CONSTRUCTION 450

TOTAL FUNDING JUD 500 C C

PLANS 5

DESIGN 20

CONSTRUCTION 100

EQUIPMENT 25

TOTAL FUNDING JUD 150 C C

PLANS 30 5

DESIGN 135 70

CONSTRUCTION 615 415

EQUIPMENT 20 10

TOTAL FUNDING JUD 800 C 500 C

PLANS 1 1

DESIGN 34 34

CONSTRUCTION 150 150

EQUIPMENT 40 40

TOTAL FUNDING JUD 225 C 225 C

DESIGN 1

CONSTRUCTION 149

TOTAL FUNDING JUD 150 C C

SECTION 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 22. This Act shall take effect on July 1, 2003.