Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 808, H.D. 1, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to provide for the fiscal biennium 2003-2005 operating and capital improvement budget of the Judiciary.

Your Committee recognizes the Judiciary’s mission, as an independent branch of government, to administer justice in an impartial, efficient, and accessible manner in accordance with the law. Hawaii’s courts must make justice available to all people, without undue cost, inconvenience, or delay.

The Judiciary’s budget request for fiscal biennium 2003-2005 reflects a substantial increase in requested resources as compared to the Judiciary’s current budget. The proposed budget would increase appropriations for the Judiciary by $28 million in FY04 and $30 million in FY05. These additional resources were expected to address a number of areas to meet the needs of Hawaii’s citizens.

Your Committee believes the Judiciary’s request for additional resources must be considered in the context of the State’s current economic condition. Economic realities have necessitated reductions in the State’s current and future expenditures. Restrictions of up to five percent have been imposed on many state departments in the current fiscal year. Additional reductions to state departments are also being implemented for fiscal biennium 2003-2005 to bring state expenditures in line with expected revenue.

The Senate Committee on Judiciary and Hawaiian Affairs, acknowledging the value of a number of the Judiciary’s budget requests, provided for them in its draft of the Judiciary budget. In recognition of the State’s economic situation, the Judiciary presented areas of its budget that could be reduced. These recommendations were also incorporated in the Judiciary budget produced by the Committee on Judiciary and Hawaiian Affairs.

Your Committee has thoroughly reviewed the Judiciary’s budget, as well as the recommendations put forth by the Committee on Judiciary and Hawaiian Affairs. Your Committee concurs with the recommendation of the Judiciary and Hawaiian Affairs committee to reduce those areas of the budget identified by the Judiciary.

Upon evaluation of the Judiciary’s budget requests in light of other competing requirements, your Committee finds it necessary to further reduce a number of the Judiciary’s budget requests. However, your Committee still provides the resources necessary to meet the needs of the Judiciary by increasing its general fund appropriation by $15.9 million in FY04 and $16.7 million in FY05.

In acknowledgment that additional resources will allow the Judiciary to meet the needs of the public in a more efficient manner, your Committee provides resources for the following areas:

• Intermediate Court of Appeals Judgeships
• Juvenile Drug Court Program
• Family Court in the Second Judicial Circuit
• Drug Court in the Third Judicial Circuit
• Human Resource Management System (HRMS)
• Judiciary Information Management System (JIMS)

In addition to the increased amount of resources provided for the Judiciary’s operating requirements, your Committee provides $10.9 million for capital improvements to Judiciary facilities. These improvements are also intended to assist the Judiciary in meeting the needs of the public.

Even in these challenging times, your Committee provides the resources necessary to meet all of the Judiciary’s critical needs. Your Committee believes its commitment to the preservation of a fair and equitable judicial system is clearly evidenced by its actions.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 808, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 808, H.D. 1, S.D. 2.