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| 17 | 17 | | STATE OF HAWAII |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | RELATING TO THE JUDICIARY. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | PART I. GENERAL PROVISIONS SECTION 1. This Act shall be known and may be cited as the Judiciary Improvements 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 symbol, where used, shall have the following meaning: 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 elsewhere in this Act. |
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| 48 | 48 | | |
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| 49 | 49 | | PART I. GENERAL PROVISIONS |
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| 50 | 50 | | |
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| 51 | 51 | | SECTION 1. This Act shall be known and may be cited as the Judiciary Improvements Act of 2023. |
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| 52 | 52 | | |
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| 53 | 53 | | SECTION 2. Unless otherwise clear from the context, as used in this Act: |
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| 54 | 54 | | |
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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 symbol, where used, shall have the following meaning: |
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| 56 | 56 | | |
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| 57 | 57 | | A general funds |
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| 58 | 58 | | |
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| 59 | 59 | | B special funds |
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| 60 | 60 | | |
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| 61 | 61 | | C general obligation bond funds |
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| 62 | 62 | | |
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| 63 | 63 | | N federal funds |
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| 64 | 64 | | |
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| 65 | 65 | | W revolving funds |
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| 66 | 66 | | |
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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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| 68 | 68 | | |
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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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| 70 | 70 | | |
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| 71 | 71 | | PART II. PROGRAM APPROPRIATIONS |
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| 72 | 72 | | |
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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 elsewhere in this Act. |
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| 91 | | - | 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, OAHU 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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| 93 | + | A. ECONOMIC DEVELOPMENT JUD601 - ADMINISTRATION 1. KAAHUMANU HALE ELEVATOR SYSTEMS UPGRADES AND MODERNIZATION, OAHU CONSTRUCTION FOR ELEVATOR SYSTEMS UPGRADES AND MODERNIZATION AT KAAHUMANU HALE, OAHU. TOTAL FUNDING JUD 10,000 C C 2. 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 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 C C |
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| 118 | 120 | | |
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| 119 | 121 | | 3. HOAPILI HALE REDIRECTION OF CONDENSATE, MAUI |
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| 120 | 122 | | |
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| 122 | 124 | | |
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| 123 | 125 | | PLANS AND DESIGN FOR REDIRECTION OF CONDENSATE DISCHARGE AT HOAPILI HALE, MAUI. |
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| 124 | 126 | | |
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| 125 | 127 | | TOTAL FUNDING JUD 300 C C |
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| 129 | 131 | | 4. KAUAI JUDICIARY COMPLEX REROOFING AND RELATED IMPROVEMENTS PHASE 3, KAUAI |
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| 133 | 135 | | DESIGN AND CONSTRUCTION TO REROOF AND REPAIR LEAKS AND DAMAGES AT KAUAI JUDICIARY COMPLEX, KAUAI. |
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| 135 | 137 | | TOTAL FUNDING JUD 4,150 C C |
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| 137 | 143 | | 5. ALIIOLANI HALE A/C REPLACEMENT, OAHU |
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| 139 | 145 | | |
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| 140 | 146 | | |
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| 141 | 147 | | CONSTRUCTION AND EQUIPMENT FOR A/C SYSTEM REPLACEMENT AT ALIIOLANI HALE, OAHU. |
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| 143 | 149 | | TOTAL FUNDING JUD 3,000 C C |
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| 144 | 150 | | |
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| 146 | 152 | | |
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| 147 | 153 | | 6. LUMP SUM CIP FOR JUDICIARY FACILITIES, STATEWIDE |
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| 148 | 154 | | |
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| 149 | 155 | | |
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| 150 | 156 | | |
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| 151 | 157 | | PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR GENERAL ALTERATIONS, UPGRADES, AND IMPROVEMENTS TO JUDICIARY FACILITIES, STATEWIDE. |
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| 152 | 158 | | |
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| 155 | | - | 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 a 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 of 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 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 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 January 7, 2059. |
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| 165 | + | 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 $21,225,000. 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 a 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 of 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 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 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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| 161 | 171 | | PART V. SPECIAL PROVISIONS |
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| 163 | 173 | | 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. |
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| 165 | 175 | | 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. |
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| 166 | 176 | | |
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| 167 | 177 | | 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. |
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| 168 | 178 | | |
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| 169 | 179 | | 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. |
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| 171 | 181 | | 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 a reduction of project scope. |
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| 173 | 183 | | 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. |
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| 175 | 185 | | 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 of the project shall not exceed the total appropriation for that project. |
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| 177 | 187 | | PART VI. MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE |
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| 178 | 188 | | |
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| 179 | 189 | | 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 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. |
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| 180 | 190 | | |
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| 181 | 191 | | 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. |
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| 182 | 192 | | |
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