Enacts budget appropriations for judicial branch of state government.

A BILL FOR AN ACT

PART I. GENERAL PROVISIONS

SECTION 1. This Act shall be known and may be cited as the Judiciary Appropriations Act of 2005.

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. The 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.

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, 2005, and ending June 30, 2007. 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. PROGRAM EXPENDING YEAR O YEAR O

NO. ID AGENCY 2005-06 F 2006-07 F

THE JUDICIAL SYSTEM

1. JUD101 - COURTS OF APPEAL

76.00 * 76.00 *

OPERATING JUD 6,371,337 A 6,388,597 A

JUD 243,261 W 243,261 W

2. JUD310 – FIRST JUDICIAL CIRCUIT

1,059.50 * 1,059.50 *

OPERATING JUD 63,729,248 A 63,888,218 A

35.00 * 35.00 *

JUD 3,387,016 B 3,387,016 B

3. JUD320 – SECOND JUDICIAL CIRCUIT

210.00 * 212.00 *

OPERATING JUD 13,511,660 A 13,498,584 A

4. JUD330 – THIRD JUDICIAL CIRCUIT

215.00 * 215.00 *

OPERATING JUD 15,638,321 A 15,607,302 A

5. JUD350 – FIFTH JUDICIAL CIRCUIT

97.00 * 97.00 *

OPERATING JUD 6,135,328 A 6,305,369 A

6. JUD601 - ADMINISTRATION

217.00 * 217.00 *

OPERATING JUD 18,231,646 A 17,921,674 A

1.00 * 1.00 *

JUD 5,550,000 B 5,550,000 B

INVESTMENT CAPITAL JUD 98,300,000 C 3,225,000 C

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; 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.

PART IV. CAPITAL IMPROVEMENT PROJECTS

SECTION 7. The sum of $101,525,000 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 is in thousands of dollars.

CAPITAL IMPROVEMENT PROJECTS

APPROPRIATIONS (IN 000'S)

ITEM CAPITAL PROJECT EXPENDING FISCAL M FISCAL M

NO. NO. TITLE AGENCY YEAR O YEAR O

2005-06 F 2006-07 F

The Judicial System

JUD601 - ADMINISTRATION

1. KAPOLEI JUDICIARY COMPLEX, OAHU

DESIGN, CONSTRUCTION, AND EQUIPMENT

FOR A NEW JUDICIARY COMPLEX AT KAPOLEI,

O'AHU

DESIGN 1,000

CONSTRUCTION 85,000

EQUIPMENT 9,000

TOTAL FUNDING JUD 95,000 C 0 C

2. HILO JUDICIARY COMPLEX, HAWAI'I

CONSTRUCTION FOR A NEW JUDICIARY

COMPLEX AT HILO, HAWAI'I

CONSTRUCTION 2,000

TOTAL FUNDING JUD 2,000 C 0 C

3. KAPUAIWA BUILDING RENOVATION, O'AHU

DESIGN, CONSTRUCTION, AND EQUIPMENT

FOR VARIOUS INTERIOR AND EXTERIOR IMPROVEMENTS

AT THE KAPUAIWA BUILDING, O'AHU

EQUIPMENT 20

4. ALI'IOLANI HALE INTERIOR ALTERATIONS

AND IMPROVEMENTS

PLANS, DESIGN, CONSTRUCTION, AND

5. AL'IOLANI HALE BUILDING AND EXTERIOR

SITE IMPROVEMENTS, O'AHU

PLANS, DESIGN, CONSTRUCTION, AND

EQUIPMENT FOR EXTERIOR BUILDING AND SITE

IMPROVEMENTS FOR ALI'IOLANI HALE, O'AHU

PLANS 50 0

DESIGN 200 0

CONSTRUCTION 250 950

EQUIPMENT 0 50

6. KEAKEALANI BUILDING (KONA) COURT

FACILITIES IMPROVEMENTS, HAWAII

CONSTRUCTION AND EQUIPMENT FOR GENERAL

IMPROVEMENTS TO JUDICIARY FACILITIES AT THE

KEAKEALANI BUILDING IN KEALAKEKUA, HAWAI'I

TOTAL FUNDING JUD 150 C 0 C

7. ARCHITECTURAL BARRIER REMOVAL FOR

JUDICIARY BUILDINGS, STATEWIDE

PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT

FOR THE REMOVAL OF ARCHITECTURAL BARRIERS IN

JUDICIARY BUILDINGS, STATEWIDE

PLANS 1

DESIGN 34

8. REMODELING AND UPGRADING JUDICIARY

BUILDINGS, STATEWIDE (FB 2005-2007)

PLANS, DESIGN, CONSTRUCTION, AND

EQUIPMENT FOR THE REMODELING AND UPGRADING

OF JUDICIARY BUILDINGS, STATEWIDE

PLANS 5

DESIGN 70

9. MASTER PLANNING FOR JUDICIARY

FACILITIES, STATEWIDE (FB 2005-2007)

PLANS, LAND, AND DESIGN FOR MASTER

PLANNING FOR CAPITAL IMPROVEMENTS AND OTHER

PHYSICAL FACILITIES-RELATED PROJECTS FOR THE

JUDICIARY, STATEWIDE

LAND 1

TOTAL FUNDING JUD 500 C 0 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 $101,525,000.

SECTION 9. Any law to the contrary notwithstanding, the appropriation under Act 120, Session Laws of Hawaii 2003, section 11, as amended and renumbered as Act 38, Session Laws of Hawaii 2004, section 3, in the amount indicated or balance thereof, allotted, encumbered, and unrequired, is hereby lapsed:

Item No. Amount (MOF)

JUD 601-7.03 $500,000 C

PART VI. SPECIAL PROVISIONS

SECTION 10. 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 2005-2006 and fiscal year 2006-2007 which are unencumbered as of June 30, 2008, shall lapse as of that date.

SECTION 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 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 17. 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 18. 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 19. This Act shall take effect on July 1, 2005.