Bill Text: HI HB510 | 2019 | Regular Session | Amended
Bill Title: Relating To The Judiciary.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-06-12 - Act 038, 06/07/2019 (Gov. Msg. No. 1139). [HB510 Detail]
Download: Hawaii-2019-HB510-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
510 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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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.
The Judicial System
74.00* 74.00*
1.00# 1.00#
OPERATING JUD 7,273,126A 7,319,421A
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
214.50* 214.50*
1.68# 1.68#
OPERATING JUD 18,142,872A 18,274,456A
240.00* 240.00*
5.68# 5.68#
OPERATING JUD 21,729,887A 21,761,042A
103.00* 103.00*
2.60# 2.60#
OPERATING JUD 8,290,636A 8,447,902A
1.00* 1.00*
OPERATING JUD 103,414A 103,414A
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.
Report Title:
Judiciary Package; Appropriations; Budget
Description:
Appropriates funds for the Judiciary for the fiscal biennium beginning 7/1/2019, and ending 6/30/2021. Effective 7/1/2030. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
