HB510 SD1

PART I. GENERAL PROVISIONS

SECTION 1. This Act shall be known and may be cited as the Judiciary Appropriations Act of 2019.

SECTION 2. Unless otherwise clear from the context, as used in this Act:

"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 Federal funds

W Revolving funds

"Position ceiling" means the maximum number of permanent or temporary positions authorized for a particular program during a specified period or periods, as noted by an asterisk or pound sign, respectively.

"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.

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, 2019, and ending June 30, 2021. The total expenditures and the number of permanent and temporary 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

74.00* 74.00*

1.00# 1.00#

OPERATING JUD 7,273,126A 7,319,421A

2. JUD310 - FIRST CIRCUIT

1,105.50* 1,105.50*

55.58# 55.58#

OPERATING JUD 88,000,097A 88,595,439A

41.00* 41.00*

JUD 4,429,112B 4,429,112B

3. JUD320 - SECOND CIRCUIT

214.50* 214.50*

1.68# 1.68#

OPERATING JUD 18,142,872A 18,274,456A

4. JUD330 - THIRD CIRCUIT

240.00* 240.00*

5.68# 5.68#

OPERATING JUD 21,729,887A 21,761,042A

5. JUD350 - FIFTH CIRCUIT

103.00* 103.00*

2.60# 2.60#

OPERATING JUD 8,290,636A 8,447,902A

6. JUD501 - JUDICIAL SELECTION COMMISSION

1.00* 1.00*

OPERATING JUD 103,414A 103,414A

7. JUD601 - ADMINISTRATION

227.00* 227.00*

9.48# 9.48#

OPERATING JUD 28,439,142A 28,440,195A

1.00* 1.00*

9.00# 9.00#

JUD 8,034,802B 8,034,802B

JUD 343,261W 343,261W

INVESTMENT CAPITAL JUD 23,326,000C 15,881,000C

PART III. PROGRAM PROVISIONS

SECTION 4. Whenever the need arises, the chief justice, in administering an equitable and expeditious judicial process, may 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. If the chief justice or any agency or government unit secures federal funds or other property under any act of Congress, or any funds or other property from private organizations or individuals that 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, may enter into the undertaking with the federal government, private organization, or individual.

SECTION 6. The judiciary may transfer savings from its general fund appropriation to the driver education and training fund to accommodate any temporary cash flow deficits.

SECTION 7. Provided that of the general fund appropriation for fiscal year 2019-2020 and fiscal year 2020-2021 for the first judicial circuit (JUD310) for one family court judge, the chief justice shall assign as a significant primary duty to that judge the hearing of, among other matters, petitions for guardianships for individuals with severe mental illnesses and petitions for assisted community treatment.

SECTION 8. Provided that of the general fund appropriation for administration (JUD601), the sum of $800,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 shall be expended for general civil legal services to low- and moderate-income residents of the State by entities in the State whose central mission is to provide general civil legal services and who meet qualifications and standards as established by the chief justice.

SECTION 9. Provided that of the general fund appropriation for administration (JUD601), the sum of $52,956 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 shall be expended for one fulltime equivalent (1.0 FTE) social worker IV position in the office of the public guardian, whose primary activities shall relate to individuals with severe mental illnesses who are under guardianship or for whom a petition for guardianship may be pending and the office of the public guardian is named as guardian.

PART IV. COMMUNITY OUTREACH COURT

SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $445,768 or so much thereof as may be necessary for the community outreach court project that is administered and operated under the judiciary in collaboration with the office of the public defender and the office of the prosecuting attorney of the city and county of Honolulu.

(1) Of the amounts appropriated:

(A) The office of the public defender shall expend the sum of $154,000 or so much thereof as may be necessary for the following 3.00 permanent positions for the performance of duties under the community outreach court project:

(i) 1.00 permanent deputy public defender;

(ii) 1.00 permanent paralegal; and

(iii) 1.00 permanent social worker or advocate;

(B) Notwithstanding any law to the contrary, the public defender shall transfer to the judiciary of the State of Hawaii the sum of $126,364 or so much thereof as may be necessary for the administration and operation of the community outreach court project; and

(C) Notwithstanding any law to the contrary, the public defender shall transfer to the office of the prosecuting attorney of the city and county of Honolulu the sum of $165,404 or so much thereof as may be necessary for payment of the personal services and fringe benefit costs of the following 2.00 permanent positions for the operation of the community outreach court project:

(i) 1.00 deputy prosecuting attorney; and

(ii) 1.00 paralegal;

(2) If requested by the public defender, the director of finance shall make the transfers under paragraphs (1)(B) and (C) on behalf of the public defender;

(3) The public defender shall enter into memoranda of agreement with the chief justice and prosecuting attorney of the city and county of Honolulu with respect to the transfers and expenditure of funds as specified under paragraphs (1)(B) and (C); and

(4) The public defender shall submit the memoranda of agreement to the legislature at least twenty days before the convening of the regular sessions of 2020 and 2021. The public defender may request the chief justice to include the memoranda of agreement with the community court outreach project reports required of the chief justice.

The sum appropriated shall be expended by the office of the public defender (BUF151) for the purposes of this Act.

PART V. CAPITAL IMPROVEMENT PROJECTS

SECTION 11. The sum of $39,207,000 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.

A. ECONOMIC DEVELOPMENT

JUD601 - ADMINISTRATION

1. KAAHUMANU HALE FIRE ALARM AND ELEVATOR SYSTEMS UPGRADE AND MODERNIZATION, OAHU

CONSTRUCTION FOR FIRE ALARM AND ELEVATOR SYSTEMS UPGRADE AND MODERNIZATION AT KAAHUMANU HALE, OAHU.

CONSTRUCTION 9,188 8,081

TOTAL FUNDING JUD 9,188 C 8,081 C

2. ALIIOLANI HALE AIR CONDITIONING SYSTEM UPGRADE, OAHU

DESIGN, CONSTRUCTION, AND EQUIPMENT REPLACEMENT, IN PHASES AS FUNDS ARE AVAILABLE, WITH INTENT TO RENEW THE AC SYSTEMS AT ALIIOLANI HALE, OAHU.

DESIGN 200

CONSTRUCTION 400 400

EQUIPMENT 400 400

TOTAL FUNDING JUD 1,000 C 800 C

3. LUMP SUM CIP FOR JUDICIARY FACILITIES, STATEWIDE

PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR IMPROVEMENTS, INCLUDING DEFERRED REPAIRS AND MAINTENANCE, ALTERATIONS, UPGRADES AND RENOVATIONS TO JUDICIARY FACILITIES, STATEWIDE.

PLANS 50 50

DESIGN 250 250

CONSTRUCTION 2,300 2,300

EQUIPMENT 400 400

TOTAL FUNDING JUD 3,000 C 3,000 C

4. KAAHUMANU HALE REPAIR BASEMENT LEAKS AND DAMAGES, OAHU

DESIGN AND CONSTRUCTION TO REPAIR LEAKS IN THE TELECOMMUNICATIONS ROOM AND THE EVIDENCE ROOM IN THE BASEMENT PARKING AREA AT KAAHUMANU HALE, OAHU.

DESIGN 179

CONSTRUCTION 1,816

TOTAL FUNDING JUD 1,995 C C

5. HOAPILI HALE SECURITY IMPROVEMENTS, MAUI

DESIGN AND CONSTRUCTION OF SECURITY-RELATED IMPROVEMENTS AT HOAPILI HALE, MAUI.

DESIGN 1,060

CONSTRUCTION 2,450 2,000

TOTAL FUNDING JUD 3,510 C 2,000 C

6. KAUAI JUDICIARY COMPLEX REROOF AND REPAIR LEAKS AND DAMAGES, KAUAI

DESIGN AND CONSTRUCTION TO REROOF, REPAIR LEAKS AND ASSOCIATED EXTERIOR AND INTERIOR DAMAGES, AND ADD ROOF ACCESS AND FALL PROTECTION AT KAUAI JUDICIARY COMPLEX, KAUAI.

DESIGN 120

CONSTRUCTION 2,120 2,000

TOTAL FUNDING JUD 2,240 C 2,000 C

7. HOAPILI HALE PARKING STRUCTURE SEWER, STORM DRAIN, AC AND FIRE SPRINKLER PIPING IMPROVEMENTS, MAUI

DESIGN AND CONSTRUCTION, IN PHASES AS FUNDS ALLOW, TO RENOVATE THE SANITARY (WASTE), STORM DRAIN, AC (CHILLED WATER), AND FIRE SUPPRESSION SYSTEMS IN THE PARKING STRUCTURE AT HOAPILI HALE, MAUI.

DESIGN 650

CONSTRUCTION 200

TOTAL FUNDING JUD 850 C C

8. KAAHUMANU HALE ATRIUM SECURITY AND MONITORING OFFICE RENOVATION, OAHU

DESIGN AND CONSTRUCTION TO RENOVATE THE ATRIUM AREA TO ENLARGE, REORGANIZE, AND UPGRADE THE SHERIFF STATION TO IMPROVE SECURITY AND MONITORING AT THE MAIN PUBLIC ENTRY AT KAAHUMANU HALE, OAHU.

DESIGN 105

CONSTRUCTION 1,438

TOTAL FUNDING JUD 1,543 C C

PART VI. 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 V of this Act; provided that the sum of the general obligation bonds so issued shall not exceed $39,207,000.

PART VII. 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 V 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 2019-2020 and fiscal year 2020-2021 that are unencumbered as of June 30, 2022, shall lapse as of that date.

SECTION 14. The judiciary may 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 V of this Act 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 V 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 a reduction in the particular population being served, permit the reduction in the scope of a project listed in part V of this Act, the chief justice may authorize this 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 VI of this Act.

SECTION 19. Any law or any provision of this Act 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 any 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 VIII. 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 may correct the error. All changes made pursuant to this section shall be reported to the legislature at its next regular session.

SECTION 22. This Act shall take effect on July 1, 2030.

HOUSE OF REPRESENTATIVES	H.B. NO.	510
THIRTIETH LEGISLATURE, 2019		H.D. 2
STATE OF HAWAII		S.D. 1