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THE SENATE |
S.B. NO. |
186 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE JUDICIARY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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.
PROGRAM APPROPRIATIONS
A
P P R O P R I A T I O N S
NO. ID AGENCY 2019-20 F 2020-21 F
1.
JUD101 - COURTS OF APPEAL
74.00 * 74.00 *
1.00 # 1.00 #
2.
JUD310 – FIRST CIRCUIT
1,113.50 * 1,113.50 *
41.00 * 41.00 *
3.
JUD320 – SECOND CIRCUIT
214.50 * 214.50 *
1.68 # 1.68 #
4.
JUD330 – THIRD CIRCUIT
240.00 * 240.00 *
5.68 # 5.68 #
5.
JUD350 – FIFTH CIRCUIT
103.00 * 103.00 *
2.60 # 2.60 #
6.
JUD501 – JUDICIAL SELECTION COMMISSION
1.00 * 1.00 *
7.
JUD601 - ADMINISTRATION
227.00 * 227.00 *
10.48 # 10.48 #
1.00 * 1.00 *
9.00 # 9.00 #
JUD 343,261 W 343,261 W
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.
PART
IV. CAPITAL IMPROVEMENT PROJECTS
SECTION
7. 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.
CAPITAL IMPROVEMENT PROJECTS
APPROPRIATIONS (IN 000s)
1. KA‘AHUMANU HALE FIRE ALARM AND
ELEVATOR
SYSTEMS UPGRADE AND
MODERNIZATION,
O‘AHU.
CONSTRUCTION
FOR FIRE ALARM
AND
ELEVATOR SYSTEMS UPGRADE AND
MODERNIZATION
AT KA‘AHUMANU HALE, O‘AHU.
CONSTRUCTION 9,188 8,081
TOTAL FUNDING JUD 9,188 C 8,081 C
2. ALI‘IOLANI HALE A/C SYSTEM UPGRADE, O‘AHU.
DESIGN,
CONSTRUCTION, AND EQUIPMENT FOR
A/C SYSTEM
UPGRADE AT ALI‘IOLANI HALE, O‘AHU.
DESIGN 200
3. LUMP SUM CIP FOR JUDICIARY FACILITIES,
STATEWIDE.
PLANS,
DESIGN, CONSTRUCTION, AND
EQUIPMENT
FOR GENERAL ALTERATIONS, UPGRADES,
AND
IMPROVEMENTS 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
CAPITAL IMPROVEMENT PROJECTS
APPROPRIATIONS
(IN 000s)
4. KA‘AHUMANU HALE REPAIR BASEMENT LEAKS
AND
DAMAGES, O‘AHU.
DESIGN
AND CONSTRUCTION TO REPAIR
BASEMENT
LEAKS AT KA‘AHUMANU HALE, O‘AHU.
DESIGN 179
CONSTRUCTION 1,816
TOTAL FUNDING JUD 1,995 C 0 C
5. HOAPILI HALE SECURITY IMPROVEMENTS,
MAUI.
DESIGN
AND CONSTRUCTION FOR SECURITY
IMPROVEMENTS
AT HOAPILI HALE, MAUI.
DESIGN 1,060
CONSTRUCTION 2,450 2,000
TOTAL FUNDING JUD 3,510 C 2,000 C
6. KAUA‘I JUDICIARY COMPLEX REROOF AND
REPAIR
LEAKS AND DAMAGES, KAUA‘I.
DESIGN
AND CONSTRUCTION TO REROOF AND
REPAIR
LEAKS AND DAMAGES AT KAUA‘I
JUDICIARY COMPLEX, KAUA‘I.
DESIGN 120
CONSTRUCTION 2,120 2,000
TOTAL FUNDING JUD 2,240 C 2,000 C
CAPITAL IMPROVEMENT PROJECTS
APPROPRIATIONS
(IN 000s)
7. HOAPILI
HALE PARKING STRUCTURE SEWER,
STORM
DRAIN, A/C, AND FIRE SPRINKLER
PIPING IMPROVEMENTS, MAUI.
DESIGN
AND CONSTRUCTION FOR PARKING
STRUCTURE
SEWER, STORM DRAIN, A/C, AND
FIRE
SPRINKLER PIPING IMPROVEMENTS AT
HOAPILI
HALE, MAUI.
DESIGN 650
CONSTRUCTION 200
TOTAL
FUNDING JUD 850 C 0 C
8. KA‘AHUMANU HALE ATRIUM SECURITY AND
MONITORING
OFFICE RENOVATION, O‘AHU.
DESIGN
AND CONSTRUCTION FOR ATRIUM SECURITY
AND MONITORING OFFICE RENOVATION AT
KA‘AHUMANU HALE, O‘AHU.
DESIGN 105
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 of the general obligation bonds so issued shall not exceed $39,207,000.
PART
VI. SPECIAL PROVISIONS
SECTION
9. 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 2019-2020 and
fiscal year 2020-2021 that are unencumbered as of June 30, 2022, shall lapse as
of that date.
SECTION
10. 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
11. 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 of this
Act have been met, shall be transferred to the judiciary project adjustment
fund.
SECTION
12. 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
13. 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 IV of
this Act, the chief justice may authorize this reduction of project scope.
SECTION
14. 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
15. 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 VII. MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE
SECTION
16. 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
17. 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
18. This Act shall take effect on July
1, 2019.
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INTRODUCED
BY: |
_____________________________ |
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By
Request |
Report Title:
Judiciary Package; Appropriations; Budget
Description:
Appropriates funds for the Judiciary for the fiscal biennium beginning 7/1/19, and ending 6/30/21. Effective 7/1/19.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.