Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1140 entitled:

begs leave to report as follows:

The purpose of this measure is to set forth the Judiciary operating and capital improvement appropriations for fiscal years 2003-2004 and 2004-2005.

Your Committee received testimony in support of this measure from the Judiciary and the Estate of James Campbell. Hawaii Moms and Dad 4Kids opposed the bill.

Your Committee finds that for the past decade, the Judiciary's growth in appropriations has primarily been associated with collective bargaining increases, most other gains were offset by reductions to the budget base. Demand for court services, however, has continued to outpace the resources provided. Therefore, the Judiciary's general fund budget request, as received, includes additional funding of approximately $3.5 million in fiscal year 2004 and an additional $1.4 million in fiscal year 2005, bringing the total for the second year to $4.9 million. In addition to these amounts, $5 million is requested in each year of the biennium for the Judiciary's Information Management System Project (JIMS). The largest single request is for funding to support the JIMS project which has been ongoing for a number of years and is finally at the point where a substantial financing commitment is required. The budget also addresses the issue of improving caseload management, especially at the appellate court level where funding and positions are requested for two Intermediate Court of Appeal judgeships that were statutorily authorized by the 2000 Legislature. Additionally, funding and positions are requested for two circuit court judgeships; one for the second and one for the third judicial circuits. The Judiciary also seeks to expand Drug Court activities in several circuits.

Your Committee further finds that the Judiciary's budget request includes resources to support the new Kauai Courthouse that will become operational in 2005. Also included are requests for technological upgrades, additional permanent technology division positions, and contract security personnel.

Your Committee further finds that the Judiciary's Capital Improvements Project budget includes funds for the Hilo Judiciary Complex and the Kapolei Judiciary Complex. New funding is being requested for the Children's Justice Center, ongoing architectural barrier removal, building upkeep, and remodeling and upgrading efforts for Judiciary buildings statewide.

Notwithstanding the budget requests submitted, the Chief Justice of the Hawaii Supreme Court, in his State of the Judiciary

Address, pledged to review the Judiciary's current budget situation and propose areas for restricting moneys from the Judiciary's current budget as well as withdrawing some of the Judiciary's budget requests. Therefore, based on the priorities submitted by the Judiciary, your Committee amended the bill by:

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 S.B. No. 1140, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1140, S.D. 1, and be referred to the Committee on Ways and Means.