HB2694

PART I. PURPOSE AND BACKGROUND

SECTION 1. This Act is recommended by the governor for immediate passage in accordance with article VII, section 9, of the Constitution of the State of Hawaii.

SECTION 2. The purpose of this Act is to appropriate funds for the operations of the judicial selection commission for fiscal years 2007-2008 and 2008-2009 consistent with its independent status as prescribed by article VI, section 4, of the Constitution of the State of Hawaii.

The judicial selection commission reviews and evaluates applicants for all judicial vacancies, selects the qualified nominees, and then forwards the names of the nominees to the appropriate appointing authority. The judicial selection commission is an independent constitutionally-created entity, and is attached to the judiciary branch for administrative support only pursuant to article VI, section 4, paragraph 7, of the state constitution.

While article VI, section 4, paragraph 6, of the state constitution requires that the legislature "shall provide for the staff and operating expenses of the judicial selection commission in a separate budget..." the judicial selection commission, in prior years, has not presented its own budget request to the legislature. Funding for the judicial selection commission's operations has been included as part of the judiciary's budget.

For example, for fiscal years 2007-2008 and 2008-2009, the judicial selection commission's operations were funded by the Judiciary Appropriations Act of 2007, Act 169, Session Laws of Hawaii 2007. As part of the appropriations made in section 3 of Act 169, in JUD601 - ADMINISTRATION, the judicial selection commission received a general fund appropriation of $94,283 for fiscal year 2007-2008, and a general fund appropriation of $94,283 for fiscal year 2008-2009.

The attorney general has advised the judicial selection commission that as article VI, section 4, of the state constitution literally provides, the judicial selection commission should prepare and submit its own budget request to the legislature so that the judicial selection commission's budget appropriations are independent of the judiciary's budget appropriations. This Act appropriates funds for the judicial selection commission's operations for the period January 1, 2008 to June 30, 2008, and for the fiscal year 2008-2009.

PART II. GENERAL PROVISIONS

SECTION 3. This Act shall be known and may be cited as the Judicial Selection Commission Supplemental Appropriations Act of 2008.

SECTION 4. 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 judicial selection commission ("JSC") 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

(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 III. PROGRAM APPROPRIATIONS

SECTION 5. 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 judicial selection commission 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.

PROGRAM APPROPRIATIONS
						APPROPRIATIONS
	ITEM NO.	PROG. ID	PROGRAM	EXPENDING AGENCY	FISCAL YEAR 2007-2008		M O F	FISCAL YEAR 2008-2009	M O F

The Judicial Selection Commission

1. JSC100 - ADMINISTRATION

1.00* 1.00*

OPERATING JSC 47,142A 94,283A

SECTION 6. Act 169, Session Laws of Hawaii 2007, is amended by amending part II to read as follows:

"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.

PROGRAM APPROPRIATIONS
						APPROPRIATIONS
	ITEM NO.	PROG. ID	PROGRAM	EXPENDING AGENCY	FISCAL YEAR 2007-2008		M O F	FISCAL YEAR 2008-2009	M O F

The Judicial System

1. JUD101 - COURTS OF APPEAL

80.00* 80.00*

OPERATING JUD 6,946,406A 7,009,698A

JUD 243,261W 243,261W

2. JUD310 - FIRST JUDICIAL CIRCUIT

1,069.50* 1,077.50*

OPERATING JUD 71,101,064A 69,804,878A

40.00* 40.00*

JUD 3,515,326B 3,515,326B

3. JUD320 - SECOND JUDICIAL CIRCUIT

215.00* 216.00*

OPERATING JUD 14,450,344A 14,601,905A

JUD 10,168B 150B

4. JUD330 - THIRD JUDICIAL CIRCUIT

222.00* 222.00*

OPERATING JUD 17,494,185A 17,636,248A

5. JUD350 - FIFTH JUDICIAL CIRCUIT

98.00* 98.00*

OPERATING JUD 6,878,391A 6,898,490A

6. JUD601 - ADMINISTRATION

[226.00*] [226.00*]

225.00* 225.00*

OPERATING JUD [~~22,541,795A~~] [~~20,555,965A~~]

22,494,653A 20,461,682A

1.00* 1.00*

JUD 6,207,227B 5,624,607B

JUD 100,000W 100,000W

INVESTMENT CAPITAL JUD 27,250,000C 500,000C"

PART IV. MISCELLANEOUS PROVISIONS

SECTION 7. 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 greatest extent possible.

SECTION 8. If any manifest clerical, typographical, or other mechanical error is found in this Act, the chair of the judicial selection commission is authorized to correct the error. All changes made pursuant to this section shall be reported to the legislature at its next regular session.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2694
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII