STAND. COM. REP. NO. 953

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 300

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 300, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this bill is to appropriate funds for the operating and capital improvement costs of the Judiciary for the fiscal biennium from July 1, 2011, through June 30, 2013.

     The Judiciary, Family Law Section of the Hawaii State Bar Association, Domestic Violence Action Center, Board of Directors of the Mediation Center of the Pacific, Hawaii State Bar Association, Mediation Center of the Pacific, Mediation Centers of Hawaii, The Mestizo Association, and numerous concerned individuals testified in support of this bill.  A concerned individual opposed this measure.  A member of the Kauai County Council, the Hawaii State Coalition Against Domestic Violence, Marimed Foundation, Friends of the Children's Justice Center of Kauai, and many concerned individuals offered comments.

     Your Committee has carefully considered the Judiciary’s budget request and sought to provide general funds to further the Judiciary’s mission of administering justice in an impartial, efficient, and accessible manner.

     Furlough days that were instituted because of the continued economic downturn resulted in an increase in workload over the past year, thereby decreasing service delivery and resulting in the elimination of some programs.

     In an effort to alleviate the increased workload, your Committee has provided full restoration of funding necessary to eliminate the furloughs.  However, the State is still facing a budget shortfall and cannot agree to the Judiciary's request to restore judge's salaries, which were temporarily decreased by five percent.

     Your Committee notes that the Judiciary received additional support for its programs in House Bill 1267 HD1 which appropriates $3,521,545 for fiscal year 2011-2012 for purchase of service contracts for court substance abuse programs and the Hawaii Opportunity Probation with Enforcement (HOPE) program.

     Finally, your Committee recommends an approximate one percent reduction in general funds from the Judiciary's base budget as part of a statewide effort to balance the state's overall budget.  Despite these budget constraints, this Judiciary budget reflects a $6,762,070 net increase in general funds.

Capital Improvement Project Program

     Your Committee recommends the appropriation of $21,434,000 for capital improvement projects for the 2011-2013 fiscal biennium.  This includes $4,500,000 to design a new judiciary complex at Kona, Hawaii -- a reduction of $7,500,000 from the Judiciary's request for the project.

     Your Committee acknowledges that the Judiciary has recently narrowed the proposed location for the new Kona Judiciary Complex to six sites, three of which are on State-owned lands.  Your Committee's intent is that the new Complex be situated on one of the three State-owned sites.  Accordingly, funds intended for land acquisition were reallocated to other State priorities.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 300, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 300, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

MARCUS R. OSHIRO, Chair