STAND. COM. REP. NO. 1270

Honolulu, Hawaii

, 2005

RE: H.B. No. 500

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 500, H.D. 2, entitled:

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

begs leave to report as follows:

The purpose of this measure is to provide the necessary appropriations and authorizations for the operations and capital improvement projects of the Judiciary for the fiscal biennium 2005-2007.

Testimony in support of the measure was submitted by the Judiciary, the Office of Youth Services for the State of Hawaii, a City Council Member for the City and County of Honolulu, Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34, the Palehua Community Association, Child and Family Services, and five individuals. One individual testified in opposition to the measure. Three individuals offered comments on the measure.

This measure appropriates funds and makes necessary authorizations for the operations and various capital improvement projects of the Judiciary. Your Committee finds that this measure will fund critical services, facilities, and operations of the Judiciary.

Your Committee has amended this measure by increasing the appropriation for capital improvement projects by $95,000,000 to reflect the addition of funds for the Kapolei Judiciary Complex.

Your Committee finds that the Kapolei Judiciary Complex has been the subject of much discussion since it was first proposed in 1989 and that funding for this facility has been included in the budgets for the last three fiscal bienniums. Your Committee notes that concerns were raised with respect to the Kapolei Judiciary Complex and center on whether an environmental impact statement should be conducted before this project moves forward, as well as the absence of specific information from the Judiciary relating to the transfer of personnel, types of cases, and potentially the entire Hawaii Family Court to this complex. A representative from the Judiciary testified that tentatively at least one courtroom would be available in Honolulu to handle emergency Family Court petitions or hearings as needed and that these concerns would be addressed, in part, with the advent of the JIMS system, teleconferencing, and video conferencing.

Your Committee notes that a member of the Committee expressed concern over the lack of information provided by the Judiciary on the Kapolei Court complex and requested that the following proviso be included in the measure. The proposed proviso reads as follows:

Provided that court space and resources be retained for family court services in the existing Honolulu court location; and provided further that the Judiciary create a public participation process that allows stakeholder group representatives the opportunity to be involved in the planning process for the Kapolei Court Complex, and the Honolulu-based Family Court.

Your Committee defers to the Committee on Ways and Means as to the necessity of including this proviso within the measure.

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. 500, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 500, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair