CONFERENCE COMMITTEE REP. 143

Honolulu, Hawaii

, 2003

RE: H.B. No. 808

H.D. 1

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

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. 808, 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 the necessary appropriations and authorizations for the operation of and capital improvements for the Judiciary for fiscal biennium 2003-2005.

In deliberating on this and other bills affecting the State's finances, your Committee on Conference considered the serious impact of lower revenue projections and the inevitable negative economic consequences of the recent war in Iraq. Therefore, your Committee on Conference has taken a conservative approach in developing the Judiciary’s biennium budget.

 

Mindful that most of the Judiciary’s biennium budget requests are needed and justifiable, your Committee on Conference has given careful consideration to all of them. Incorporated into the Judiciary’s budget is previously approved collective bargaining which would increase the Judiciary’s budget by $10.3 million in fiscal year 2003-2004 and fiscal year 2004-2005 in general funds.

The Judiciary’s budget requests for fiscal biennium 2003-2005 reflect an increase in requested resources as compared to the Judiciary’s current budget by $8.5 million in fiscal year 2003-2004 and $9.8 million in fiscal year 2004-2005. These additional resources were expected to address a number of areas to meet the needs of Hawaii’s citizens.

In considering all of the Judiciary’s priorities and the current fiscal situation, your Committee on Conference has provided a total of eighteen positions and $1,440,895 in general funds for fiscal year 2003-2004 and twenty-seven positions and $1,737,029 in general funds for fiscal year 2004-2005. Total funding increases, including requests and collective bargaining, for the Judiciary’s budget in general funds total $11,751,469 in fiscal year 2003-2004 and $12,047,603 in fiscal year 2004-2005.

Your Committee on Conference realizes that the number one priority of the Judiciary is two Intermediate Court of Appeals (ICA) Judgeships. Currently, there is a severe backlog of cases in the ICA and the Judiciary does not have the resources to hire staff and additional support to address these cases. Act 248, SLH 2001, amended section 602-51, HRS, authorizing two additional intermediate appellate court judgeships. Your Committee on Conference realizes the importance of this request, which will allow for more flexibility and greater capacity for the ICA to address its demanding caseload. Therefore, your Committee on Conference has provided general funds totaling eight positions and $613,744 for fiscal year 2003-2004 and eight positions and $564,220 for fiscal year 2004-2005.

Your Committee on Conference also recognizes the significance of interpreters in the court process and realizes that at the current level of funding, it is difficult for the Judiciary to attract skilled, experienced court interpreters. This said, your Committee on Conference has provided general funds totaling $91,000 in fiscal year 2003-2004 and $91,000 in fiscal year 2004-2005 to provide access to qualified court interpreters.

 

In addition, disturbing trends in drug use are prevalent in all communities throughout the State, and there has been a corresponding increase in the number of drug-related convictions. Your Committee on Conference finds that drug treatment programs are far more cost-effective than incarceration as participants in drug treatment programs have lower recidivism rates compared to incarcerated individuals.

Recognizing that drug treatment programs are essential services that benefit many, your Committee on Conference has thus provided funds totaling $574,420 in fiscal year 2003-2004 and $564,220 in fiscal year 2004-2005 for the Juvenile Drug Court program for the First Judicial Circuit.

Your Committee on Conference also realizes that non-discretionary costs are necessary for the daily operation of the Judiciary and therefore has provided general funds for the following non-discretionary priorities:

In addition to the increased amount of resources provided for the Judiciary’s operating requirements, your Committee on Conference has provided $3.155 million for capital improvements to Judiciary facilities over the biennium. These improvements are necessary repairs and renovations to ensure the Judiciary’s existing facilities remain adequate.

Even in these challenging times, your Committee on Conference has provided the resources necessary to meet the Judiciary’s critical needs. Your Committee on Conference 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 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. 808, 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. 808, 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

____________________________

BRIAN T. TANIGUCHI, Chair

____________________________

DWIGHT Y. TAKAMINE, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair

____________________________

ERIC G. HAMAKAWA, Co-Chair