CONFERENCE COMMITTEE REPORT NO. 133

                            Honolulu, Hawaii
                                            , 2000

                            RE:   H.B. No. 2650
                                  H.D. 1
                                  S.D. 2
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 2650, H.D. 1, S.D. 2, entitled:

    "A BILL FOR AN ACT RELATING TO THE JUDICIARY,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to provide supplemental
appropriations and authorizations for the operation of and
capital improvements for the Judiciary branch by amending Act
156, Session Laws of Hawaii 1999, for the 1999-2001 fiscal
biennium. 

ECONOMIC CONDITIONS

     Hawaii's economy in the previous decade was marred by
stagnation while the mainland economy experienced a substantial
economic boom.  The lack of sufficient revenues required the
Legislature to dramatically limit spending. The Judiciary

 
 
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actively supported the general fund through the last decade of
stagnation, by implementing its own initiatives to generate
revenues, and by consistently participating in budget reduction
initiatives.  

     Although we are still far from economic prosperity, the
economy seems to be slowly recovering at present.  This fact is
supported by several leading economic indicators including
increases in personal income and visitor arrivals and decreases
in unemployment claims and bankruptcy filings.  These tell-tale
economic indicators hint that Hawaii's economy is posed for a
recovery and gives your Committee on Conference a cautious sense
of optimism for the future. 

JUDICIAL PARADIGM

     Because of the specialized role the Judiciary plays in our
government, developing its budget requires special attention.  As
an independent branch, the Judiciary is entrusted to administer
justice in an impartial, efficient, and accessible manner.  For
this reason, your Committee on Conference has focused
appropriations in the Judiciary budget on the efficient and
effective adjudication of criminal and civil cases.  At the same
time, your Committee on Conference recognizing the importance and
effectiveness of these services have earmarked funds for
treatment and rehabilitation of both victims and offenders in
those departments best equipped to provide those services. 

     To this end, your Committee recommends that the Judiciary
budget be increased from $95,246,911 to $96,885,971 for all means
of financing.  Of noted interest in the Judiciary budget are the
following four areas:  

HIGHLIGHTS

     (1) Providing for Basic Needs: Guardian Ad Litem and
         Attorney Costs;

     (2) Supporting New Initiatives: Maui Drug Court Program and
         the Domestic Violence Criminal Division;

     (3) Improving Efficiency: the Human Resources Information
         and Management System; and

     (4) Investments in the future: Capital Improvement Projects.
PROVIDING FOR BASIC NEEDS

     As outlined under Chapter 587 of the Hawaii Revised Statues,
in cases where parental rights might be severed to protect

 
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children from harm, the Judiciary is required to provide
guardians to protect the interests of the children and appoint
attorneys to protect the rights of the parents in these cases. 

     The safety of children has consistently been a top priority
of your Committee on Conference.  Therefore, this measure
addresses budget shortfalls for these services in the Third
Circuit with an additional allocation of $350,000.  This ensures
that the Judiciary can meet its obligation to the law and that
the rights of citizens will be upheld.


SUPPORTING NEW INITIATIVES

     Recognizing that certain types of cases not only require
specialized knowledge, but also additional attention, your
Committee on Conference supports the Judiciary's efforts to
expand two special divisions: the Drug Court Program and the
Domestic Violence Criminal Division.

     The Drug Court Program was first implemented on Oahu in
1995.  It has proven to be a very effective and cost- efficient
alternative to incarceration for nonviolent drug offenders.  

     With a growing drug abuse problem on Maui, your Committee on
Conference supports the Judiciary's efforts to expand the success
of the Drug Court Program to this neighbor island.  This measure
provides the matching funds required for $90,000 in federal
funds, an additional social worker position, and an additional
$125,000 for substance treatment services.

     The Domestic Violence Criminal Division in the First Circuit
Court has committed staff and resources to meet the needs of both
victims and offenders. With dedicated judges, and specially-
trained staff, this division can promptly respond to the complex
problem of violence in the home.

     This measure dedicates an additional $222,690 in general
funds, and six positions to the Domestic Violence Division.
These funds will improve the process of investigating,
evaluating, and adjudicating domestic violence and spouse abuse
cases.  
IMPROVING EFFICIENCY

     The Judiciary has long searched for a system that would
enhance its personnel management.  Relying on the key-punch data
entry system has proven to be insufficient to adequately maintain
the Judiciary's employee and payroll data. 


 
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     Your Committee on Conference supports the Judiciary's
initiative to more effectively manage personnel resources and
identify labor needs.  Therefore, your Committee on Conference
supports the allocation of $400,000 for a state-of-the-art, on-
line personnel management system.  


CAPITAL IMPROVEMENT PROJECTS

     Your Committee on Conference has provided $6,990,000 in new
projects. Of this amount, $6,501,000 is for the land acquisition
for the Hilo Judiciary Complex. Other projects include the
following:

     (1) $265,000 for roof and structural improvements to
         Aliiolani Hale; and

     (2) $224,000 for improvements to Koloa District Court, and
         the Lihue Office Annex. 


CONCLUSION

     Your Committee on Conference believes that this measure
balances both the Legislature's understanding of the significance
of the Judiciary's mission and the sensitivity to the current
fiscal situation.  It is important that the Legislature continue
to support the Judiciary in its efforts to further develop these
new initiatives and improve its efficiency through the system. 

     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of H.B. No. 2650, H.D. 1, S.D. 2, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as H.B. No. 2650, H.D. 1, S.D. 2, C.D. 1.
                                   Respectfully submitted on
                                   behalf of the managers:

  ON THE PART OF THE SENATE          ON THE PART OF THE HOUSE
                                   
                                   
                                   
                                   
______________________________     ______________________________
CAROL FUKUNAGA, Co-Chair           ERIC G. HAMAKAWA, Co-Chair
                                   

 
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______________________________     ______________________________
ANDREW LEVIN, Co-Chair             DWIGHT Y. TAKAMINE, Co-Chair