STAND. COM. REP. NO.194
Honolulu, Hawaii
, 2001
RE: H.B. No. 1004
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1004 entitled:
"A BILL FOR AN ACT RELATING TO ORIGINAL JURISDICTION OF THE HAWAII SUPREME COURT,"
begs leave to report as follows:
The purpose of this bill is to amend the original jurisdiction of the supreme court by:
(1) Transferring original jurisdiction over cases related to elections from the supreme court to the circuit court of the first circuit and establishing an appeals process;
(2) Transferring original jurisdiction over certain cases related to the state budget from the supreme court to the circuit court of the first circuit and establishing an appeals process;
(3) Transferring original jurisdiction over certain cases arising under Hawaii's public procurement code from the supreme court to the circuit court of the first circuit;
(4) Transferring original jurisdiction over certain cases related to the Hawaii tourism authority from the supreme court to any circuit court within the State and establishing an appeals process;
(5) Transferring original jurisdiction over certain cases related to the Hawaii community development authority from the supreme court to any circuit court of the State and establishing an appeals process; and
(6) Transferring original jurisdiction over certain cases related to the Kalaeloa community development authority from the supreme court to any circuit court of the State and establishing an appeals process.
The Judiciary submitted testimony in support of this measure.
Your Committee finds that requiring the supreme court to exercise original jurisdiction as a fact-finder distracts the court from its appellate work. In certain cases, however, the necessity for quick resolution and finality requires that original jurisdiction be exercised by the supreme court.
Accordingly, your Committee has amended this bill by:
(1) Maintaining original jurisdiction over cases related to elections in the Supreme Court;
(2) Establishing an appeals process for cases arising under Hawaii's public procurement code;
(3) Providing that cases relating to the Hawaii community development authority shall be brought into the circuit court of the circuit where the case or controversy arises;
(4) Specifying that the circuit court of the first circuit shall exercise original jurisdiction over cases related to the Kalaeloa community development authority; and
(5) Making technical, nonsubstantive amendments for clarity and style.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1004, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1004, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
|
____________________________ ERIC G. HAMAKAWA, Chair |
||