HB1212 SD1

PART I. GENERAL PROVISIONS

SECTION 1. This Act shall be known and may be cited as the Judiciary Appropriations Act of 2007.

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, 2007, and ending June 30, 2009. 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.

The Judicial System

1. JUD101 - COURTS OF APPEAL

81.00* 81.00*

OPERATING JUD 6,859,143A 7,030,180A

JUD 243,261W 243,261W

2. JUD310 - FIRST JUDICIAL CIRCUIT

999.50* 999.50*

OPERATING JUD 68,224,450A 66,701,266A

34.00* 34.00*

JUD 3,312,439B 3,312,439B

3. JUD320 - SECOND JUDICIAL CIRCUIT

195.00* 195.00*

OPERATING JUD 14,220,286A 14,236,547A

4. JUD330 - THIRD JUDICIAL CIRCUIT

213.00* 213.00*

OPERATING JUD 17,501,587A 17,446,411A

5. JUD350 - FIFTH JUDICIAL CIRCUIT

96.00* 96.00*

OPERATING JUD 6,813,993A 6,834,092A

6. JUD601 - ADMINISTRATION

216.00* 216.00*

OPERATING JUD 20,003,850A 21,582,031A

1.00* 1.00*

JUD 5,554,237B 5,554,237B

JUD 100,000W 100,000W

INVESTMENT CAPITAL JUD 46,020,000C 4,000,000C

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; 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 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 6. Provided that of the general fund appropriation for administration (JUD 601), the sum of $1,235,085 or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 shall be used for grants-in-aid to Hawaii Family Law Clinic to provide temporary restraining orders/protective orders to victims of domestic abuse ($157,800 in each FY); Catholic Charities of Hawaii for victims of intrafamilial sexual abuse ($239,000 in each FY); Parents and Children Together for children experiencing domestic violence($169,2992 in each FY); Parents and Children Together: Economic Self-Reliance II Project ($348,993 in each FY) and the Children's Alliance to support sexually abused children ($320,000 in each FY).

SECTION 7. Provided that of the general fund appropriation for administration (JUD 601), the sum of $100,000 or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 shall be used for purchase of services for indigenous nonviolent peacemaking services for the Family Court of the First Circuit.

SECTION 8. Provided that of the general fund appropriation for administration (JUD 601), the sum of $200,000 or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 shall be used for medically targeted substance abuse testing for the drug court on Oahu and Maui.

SECTION 9. Provided that of the general fund appropriation for administration (JUD 601), the sum of $1,832,496 or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 shall be used for purchase of services: for immigrant legal services ($422,496 for each FY); for legal assistance, community education and outreach services to families and individuals whose incomes are at or below 250% of the federal poverty level ($810,000 in each FY); and for pro bono legal services for the indigent, working poor, children, the homeless and elderly who are at or below 187% of the federal poverty guidelines.

SECTION 10. Provided that of the general fund appropriation for the administration (JUD 601), the sum of $280,000 or so much thereof as may be necessary for fiscal year 2007-2008 and the sum of $135,000 or so much thereof as may be necessary for fiscal year 2008-2009 shall be used to fund the implementation of the electronic leave system; provided further that the funds shall not be expended for any other purpose; and provided further that any unexpended funds shall lapse into the general fund.

PART IV. CAPITAL IMPROVEMENT PROJECTS

SECTION 11. The sum of $50,020,000 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.

The Judicial System

JUD601 - ADMINISTRATION

1. KAPOLEI JUDICIARY COMPLEX, OAHU

PLANS, LAND, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR THE KAPOLEI JUDICIARY COMPLEX, O‘AHU.

PLANS 225

LAND 25

DESIGN 1,000

CONSTRUCTION 41,700

EQUIPMENT 50

TOTAL FUNDING JUD 43,000 C 0 C

2. KONA JUDICIARY COMPLEX, HAWAI‘I

PLANS, LAND, AND DESIGN FOR A NEW JUDICIARY COMPLEX AT KONA, HAWAI‘I

PLANS 450

LAND 40

DESIGN 10

TOTAL FUNDING JUD 0 C 500 C

3. KEAKEALANI BUILDING (KONA) COURT

FACILITIES IMPROVEMENTS, HAWAII

PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR GENERAL IMPROVEMENTS TO JUDICIARY FACILITIES AT THE KEAKEALANI BUILDING IN KEALAKEKUA, HAWAI‘I

PLANS 5

DESIGN 10

CONSTRUCTION 1,000

EQUIPMENT 5

TOTAL FUNDING JUD 1,020 C 0 C

4. STATUS OFFENDER SHELTER AND JUVENILE

SERVICES CENTER, O‘AHU

PLANS, LAND, AND DESIGN FOR THE DEVELOPMENT OF A NEW STATUS OFFENDER SHELTER AND JUVENILE SERVICES CENTER, O‘AHU

PLANS 450

LAND 40

DESIGN 10

TOTAL FUNDING JUD 0 C 500 C

5. LUMP SUM CIP – RENOVATIONS, REPAIRS,

AND IMPROVEMENTS TO JUDICIARY FACILITIES,

STATEWIDE

PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR RENOVATIONS, REPAIRS, AND IMPROVEMENTS TO JUDICIARY FACILITIES.

PLANS 100 250

DESIGN 300 500

CONSTRUCTION 1,000 1,500

EQUIPMENT 100 250

TOTAL FUNDING JUD 1,500 C 2,500 C

6. MASTER PLANNING FOR JUDICIARY

FACILITIES, STATEWIDE

PLANS, LAND, AND DESIGN FOR MASTER PLANNING FOR CAPITAL IMPROVEMENTS AND OTHER PHYSICAL FACILITIES-RELATED PROJECTS FOR THE JUDICIARY, STATEWIDE

PLANS 450

LAND 40

DESIGN 10

TOTAL FUNDING JUD 0 C 500 C

7. KAPUAIWA BUILDING (OAHU) COURT

FACILITIES IMPROVEMENTS, HAWAII

PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR A NEW COURTROOM FOR THE INTERMEDIATE COURT OF APPEALS IN HONOLULU, HAWAI‘I

PLANS 450

DESIGN 50

TOTAL FUNDING JUD 500 C

PART V. ISSUANCE OF BONDS

SECTION 12. 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 $50,020,000.

PART VI. SPECIAL PROVISIONS

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 2007-2008 and fiscal year 2008-2009 which are unencumbered as of June 30, 2010, 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 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 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, 2007.

HOUSE OF REPRESENTATIVES	H.B. NO.	1212
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 2
STATE OF HAWAII		S.D. 1