Hawaii 2023 Regular Session

Hawaii House Bill HB382 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HOUSE OF REPRESENTATIVES H.B. NO. 382 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII S.D. 3 A BILL FOR AN ACT RELATING TO THE JUDICIARY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 382 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII S.D. 2 A BILL FOR AN ACT RELATING TO THE JUDICIARY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3		HOUSE OF REPRESENTATIVES H.B. NO. 382
4	4		THIRTY-SECOND LEGISLATURE, 2023 H.D. 1
5		-	STATE OF HAWAII S.D. 3
	5	+	STATE OF HAWAII S.D. 2
6	6
7	7		HOUSE OF REPRESENTATIVES
8	8
9	9		H.B. NO.
10	10
11	11		382
12	12
13	13		THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15		H.D. 1
16	16
17	17		STATE OF HAWAII
18	18
19		-	S.D. 3
	19	+	S.D. 2
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31		A BILL FOR AN ACT
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33	33
34	34
35	35
36	36
37	37		RELATING TO THE JUDICIARY.
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41	41
42	42
43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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45	45
46	46
47	47		PART I. GENERAL PROVISIONS SECTION 1. This Act shall be known and may be cited as the Judiciary Appropriations Act of 2023. 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, 2023, and ending June 30, 2025. 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.
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49	49		PART I. GENERAL PROVISIONS
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51	51		SECTION 1. This Act shall be known and may be cited as the Judiciary Appropriations Act of 2023.
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53	53		SECTION 2. Unless otherwise clear from the context, as used in this Act:
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55	55		"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:
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57	57		A General funds
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59	59		B Special funds
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61	61		C General obligation bond funds
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63	63		N Federal funds
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65	65		W Revolving funds
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67	67		"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.
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69	69		"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.
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71	71		PART II. PROGRAM APPROPRIATIONS
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73	73		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, 2023, and ending June 30, 2025. 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.
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75		-	The Judicial System 1. JUD101 - COURTS OF APPEAL 82.00 * 82.00 * 1.48 # 1.48 # OPERATING JUD 8,~~649~~,~~904~~ A 8,~~960~~,~~647~~ A 2. JUD310 - FIRST JUDICIAL CIRCUIT 1,107.50 * 1,107.50 * 64.58 # 64.58 # OPERATING JUD 93,~~530~~,~~037~~ A 95,~~881~~,~~481~~ A 35.00 * 35.00 * JUD 4,~~177~~,~~883~~ B 4,~~261~~,~~273~~ B 3. JUD320 - SECOND JUDICIAL CIRCUIT 210.50 * 210.50 * 1.68 # 1.68 # OPERATING JUD 19,~~398~~,~~739~~ A 19,~~951~~,~~098~~ A 4. JUD330 - THIRD JUDICIAL CIRCUIT 242.00 * 242.00 * 5.20 # 5.20 # OPERATING JUD 23,~~437~~,~~911~~ A 24,~~063~~,~~817~~ A 5. JUD350 - FIFTH JUDICIAL CIRCUIT 103.00 * 103.00 * 2.60 # 2.60 # OPERATING JUD 8,~~755~~,~~703~~ A 9,~~004~~,~~124~~ A 6. JUD501 - JUDICIAL SELECTION COMMISSION 1.00 * 1.00 * OPERATING JUD 110,099 A 114,074 A 7. JUD601 - ADMINISTRATION ~~228~~.00 * ~~228~~.00 * 8.48 # 8.48 # OPERATING JUD 32,~~721~~,813 A 32,~~829~~,363 A 1.00 * 1.00 * 9.00 # 9.00 # JUD 8,195,369 B 8,241,219 B JUD 343,261 W 343,261 W INVESTMENT CAPITAL JUD 3,000,000 A A JUD 12,730,000 C C
	75	+	The Judicial System 1. JUD101 - COURTS OF APPEAL 78.00 * 78.00 * 1.48 # 1.48 # OPERATING JUD 8,169,940 A 8,480,683 A 2. JUD310 - FIRST JUDICIAL CIRCUIT 1,107.50 * 1,107.50 * 57.58 # 57.58 # OPERATING JUD 90,260,822 A 92,612,266 A 41.00 * 41.00 * JUD 4,685,946 B 4,769,336 B 3. JUD320 - SECOND JUDICIAL CIRCUIT 210.50 * 210.50 * 1.68 # 1.68 # OPERATING JUD 19,357,727 A 19,910,086 A 4. JUD330 - THIRD JUDICIAL CIRCUIT 242.00 * 242.00 * 5.20 # 5.20 # OPERATING JUD 22,985,455 A 23,611,361 A 5. JUD350 - FIFTH JUDICIAL CIRCUIT 103.00 * 103.00 * 2.60 # 2.60 # OPERATING JUD 8,732,926 A 8,981,347 A 6. JUD501 - JUDICIAL SELECTION COMMISSION 1.00 * 1.00 * OPERATING JUD 110,099 A 114,074 A 7. JUD601 - ADMINISTRATION 227.00 * 227.00 * 8.48 # 8.48 # OPERATING JUD 31,044,813 A 31,152,363 A 1.00 * 1.00 * 9.00 # 9.00 # JUD 8,195,369 B 8,241,219 B JUD 343,261 W 343,261 W INVESTMENT CAPITAL JUD 3,000,000 A A JUD 12,730,000 C C
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77	77		The Judicial System
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79	79		1. JUD101 - COURTS OF APPEAL
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81		-	82.00 * 82.00 *
	81	+	78.00 * 78.00 *
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83	83		1.48 # 1.48 #
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85		-	OPERATING JUD 8,~~649~~,~~904~~ A 8,~~960~~,~~647~~ A
	85	+	OPERATING JUD 8,169,940 A 8,480,683 A
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87	87
88	88
89	89		2. JUD310 - FIRST JUDICIAL CIRCUIT
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91	91		1,107.50 * 1,107.50 *
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93		-	64.58 # 64.58 #
	93	+	57.58 # 57.58 #
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95		-	OPERATING JUD 93,~~530~~,~~037~~ A 95,~~881~~,~~481~~ A
	95	+	OPERATING JUD 90,260,822 A 92,612,266 A
96	96
97		-	35.00 * 35.00 *
	97	+	41.00 * 41.00 *
98	98
99		-	JUD 4,~~177~~,~~883~~ B 4,~~261~~,~~273~~ B
	99	+	JUD 4,685,946 B 4,769,336 B
100	100
101	101
102	102
103	103		3. JUD320 - SECOND JUDICIAL CIRCUIT
104	104
105	105		210.50 * 210.50 *
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107	107		1.68 # 1.68 #
108	108
109		-	OPERATING JUD 19,~~398~~,~~739~~ A 19,~~951~~,~~098~~ A
	109	+	OPERATING JUD 19,357,727 A 19,910,086 A
110	110
111	111
112	112
113	113		4. JUD330 - THIRD JUDICIAL CIRCUIT
114	114
115	115		242.00 * 242.00 *
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117	117		5.20 # 5.20 #
118	118
119		-	OPERATING JUD 23,~~437~~,~~911~~ A 24,~~063~~,~~817~~ A
	119	+	OPERATING JUD 22,985,455 A 23,611,361 A
120	120
121	121
122	122
123	123		5. JUD350 - FIFTH JUDICIAL CIRCUIT
124	124
125	125		103.00 * 103.00 *
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127	127		2.60 # 2.60 #
128	128
129		-	OPERATING JUD 8,~~755~~,~~703~~ A 9,~~004~~,~~124~~ A
	129	+	OPERATING JUD 8,732,926 A 8,981,347 A
130	130
131	131
132	132
133	133		6. JUD501 - JUDICIAL SELECTION COMMISSION
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135	135		1.00 * 1.00 *
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137	137		OPERATING JUD 110,099 A 114,074 A
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139	139
140	140
141	141		7. JUD601 - ADMINISTRATION
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143		-	~~228~~.00 * ~~228~~.00 *
	143	+	227.00 * 227.00 *
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145	145		8.48 # 8.48 #
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147		-	OPERATING JUD 32,~~721~~,813 A 32,~~829~~,363 A
	147	+	OPERATING JUD 31,044,813 A 31,152,363 A
148	148
149	149		1.00 * 1.00 *
150	150
151	151		9.00 # 9.00 #
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153	153		JUD 8,195,369 B 8,241,219 B
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155	155		JUD 343,261 W 343,261 W
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157	157		INVESTMENT CAPITAL JUD 3,000,000 A A
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159	159		JUD 12,730,000 C C
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161	161		PART III. CAPITAL IMPROVEMENT PROJECTS SECTION 4. The sum of $15,730,000 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.
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163	163		PART III. CAPITAL IMPROVEMENT PROJECTS
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165	165		SECTION 4. The sum of $15,730,000 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.
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167	167		A. ECONOMIC DEVELOPMENT JUD601 - ADMINISTRATION 1. NON-POSITION-RELATED FURNISHINGS AND EQUIPMENT FOR NEW JUDICIARY COMPLEX AT WAHIAWA CIVIC CENTER, OAHU NON-POSITION-RELATED FURNISHINGS AND EQUIPMENT FOR NEW JUDICIARY COMPLEX AT WAHIAWA CIVIC CENTER, OAHU. TOTAL FUNDING JUD 775 C C 2. KAAHUMANU HALE ELEVATOR SYSTEMS UPGRADES AND MODERNIZATION, MAUI CONSTRUCTION FOR ELEVATOR SYSTEMS UPGRADES AND MODERNIZATION AT KAAHUMANU HALE, OAHU. TOTAL FUNDING JUD 4,505 C C 3. HOAPILI HALE REDIRECTION OF CONDENSATE, MAUI PLANS AND DESIGN FOR REDIRECTION OF CONDENSATE DISCHARGE AT HOAPILI HALE, MAUI. TOTAL FUNDING JUD 300 C C 4. KAUAI JUDICIARY COMPLEX REROOFING AND RELATED IMPROVEMENTS PHASE 3, KAUAI DESIGN AND CONSTRUCTION TO REROOF AND REPAIR LEAKS AND DAMAGES AT KAUAI JUDICIARY COMPLEX, KAUAI. TOTAL FUNDING JUD 4,150 C C 5. ALIIOLANI HALE A/C REPLACEMENT, OAHU CONSTRUCTION AND EQUIPMENT FOR A/C SYSTEM REPLACEMENT AT ALIIOLANI HALE, OAHU. TOTAL FUNDING JUD 3,000 C C 6. LUMP SUM CIP FOR JUDICIARY FACILITIES, STATEWIDE PLANS, DESIGN, CONSTRUCTION AND EQUIPMENT FOR GENERAL ALTERATIONS, UPGRADES AND IMPROVEMENTS TO JUDICIARY FACILITIES, STATEWIDE. TOTAL FUNDING JUD 3,000 A A
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169	169		A. ECONOMIC DEVELOPMENT
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171	171		JUD601 - ADMINISTRATION
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175	175		1. NON-POSITION-RELATED FURNISHINGS AND EQUIPMENT FOR NEW JUDICIARY COMPLEX AT WAHIAWA CIVIC CENTER, OAHU
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177	177
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179	179		NON-POSITION-RELATED FURNISHINGS AND EQUIPMENT FOR NEW JUDICIARY COMPLEX AT WAHIAWA CIVIC CENTER, OAHU.
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181	181		TOTAL FUNDING JUD 775 C C
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183	183
184	184
185	185		2. KAAHUMANU HALE ELEVATOR SYSTEMS UPGRADES AND MODERNIZATION, MAUI
186	186
187	187
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189	189		CONSTRUCTION FOR ELEVATOR SYSTEMS UPGRADES AND MODERNIZATION AT KAAHUMANU HALE, OAHU.
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191	191		TOTAL FUNDING JUD 4,505 C C
192	192
193	193
194	194
195	195		3. HOAPILI HALE REDIRECTION OF CONDENSATE, MAUI
196	196
197	197
198	198
199	199		PLANS AND DESIGN FOR REDIRECTION OF CONDENSATE DISCHARGE AT HOAPILI HALE, MAUI.
200	200
201	201		TOTAL FUNDING JUD 300 C C
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203	203
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205	205		4. KAUAI JUDICIARY COMPLEX REROOFING AND RELATED IMPROVEMENTS PHASE 3, KAUAI
206	206
207	207
208	208
209	209		DESIGN AND CONSTRUCTION TO REROOF AND REPAIR LEAKS AND DAMAGES AT KAUAI JUDICIARY COMPLEX, KAUAI.
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211	211		TOTAL FUNDING JUD 4,150 C C
212	212
213	213
214	214
215	215		5. ALIIOLANI HALE A/C REPLACEMENT, OAHU
216	216
217	217
218	218
219	219		CONSTRUCTION AND EQUIPMENT FOR A/C SYSTEM REPLACEMENT AT ALIIOLANI HALE, OAHU.
220	220
221	221		TOTAL FUNDING JUD 3,000 C C
222	222
223	223
224	224
225	225
226	226
227	227		6. LUMP SUM CIP FOR JUDICIARY FACILITIES, STATEWIDE
228	228
229	229
230	230
231	231		PLANS, DESIGN, CONSTRUCTION AND EQUIPMENT FOR GENERAL ALTERATIONS, UPGRADES AND IMPROVEMENTS TO JUDICIARY FACILITIES, STATEWIDE.
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233	233		TOTAL FUNDING JUD 3,000 A A
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239	239		PART IV. ISSUANCE OF BONDS SECTION 5. 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 III of this Act; provided that the sum total of the general obligation bonds so issued shall not exceed $12,730,000. PART V. SPECIAL PROVISIONS SECTION 6. 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 III 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 2023-2024 and fiscal year 2024-2025 that are unencumbered as of June 30, 2026, shall lapse as of that date. SECTION 7. 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 8. 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 III of this Act have been met, shall be transferred to the judiciary project adjustment fund. SECTION 9. If the amount allocated from the general obligation bond fund for a capital improvement project listed in part III 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 10. 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 III of this Act, the chief justice may authorize the reduction of project scope. SECTION 11. 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 IV of this Act. SECTION 12. Any law or any provision of this Act to the contrary notwithstanding, the chief justice may supplement funds for any cost element of a capital improvement project authorized under this Act by transferring 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 VI. MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE SECTION 13. 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 this 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 14. 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 15. This Act shall take effect on July 1, 2023.
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241	241		PART IV. ISSUANCE OF BONDS
242	242
243	243		SECTION 5. 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 III of this Act; provided that the sum total of the general obligation bonds so issued shall not exceed $12,730,000.
244	244
245	245		PART V. SPECIAL PROVISIONS
246	246
247	247		SECTION 6. 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 III 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 2023-2024 and fiscal year 2024-2025 that are unencumbered as of June 30, 2026, shall lapse as of that date.
248	248
249	249		SECTION 7. 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.
250	250
251	251		SECTION 8. 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 III of this Act have been met, shall be transferred to the judiciary project adjustment fund.
252	252
253	253		SECTION 9. If the amount allocated from the general obligation bond fund for a capital improvement project listed in part III 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.
254	254
255	255		SECTION 10. 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 III of this Act, the chief justice may authorize the reduction of project scope.
256	256
257	257		SECTION 11. 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 IV of this Act.
258	258
259	259		SECTION 12. Any law or any provision of this Act to the contrary notwithstanding, the chief justice may supplement funds for any cost element of a capital improvement project authorized under this Act by transferring 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.
260	260
261	261		PART VI. MISCELLANEOUS PROVISIONS AND
262	262
263	263		EFFECTIVE DATE
264	264
265	265		SECTION 13. 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 this 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.
266	266
267	267		SECTION 14. 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.
268	268
269	269		SECTION 15. This Act shall take effect on July 1, 2023.
270	270
271		-	Report Title: Judiciary Package; Appropriations; Budget Description: Appropriates funds for the Judiciary for the fiscal biennium beginning 7/1/2023 and ending 6/30/2025. (~~SD3~~) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
	271	+	Report Title: Judiciary Package; Appropriations; Budget Description: Appropriates funds for the Judiciary for the fiscal biennium beginning 7/1/2023 and ending 6/30/2025. (SD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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273	273
274	274
275	275		Report Title:
276	276
277	277		Judiciary Package; Appropriations; Budget
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279	279
280	280
281	281		Description:
282	282
283		-	Appropriates funds for the Judiciary for the fiscal biennium beginning 7/1/2023 and ending 6/30/2025. (~~SD3~~)
	283	+	Appropriates funds for the Judiciary for the fiscal biennium beginning 7/1/2023 and ending 6/30/2025. (SD2)
284	284
285	285
286	286
287	287
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289	289
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291	291		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.