Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Special Session of 2001

State of Hawaii

Sir:

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

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

begs leave to report as follows:

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 2001-2003.

The Judiciary testified in support of this measure.

The Judiciary Appropriations Act of 2001, H.B. No. 1000, H.D. 1, S.D. 2, C.D. 1, was passed by the Legislature in the Regular Session of 2001. However, the bill was transmitted to the Governor in a manner that raises a question whether the procedural requirements of Article III, section 16, of the State Constitution were met. Section 16 states in part:

As a result, the Governor has convened a special session for the purpose of addressing the procedural flaw that may have affected the validity of certain bills, including H.B. No. 1000, H.D. 1, S.D. 2, C.D. 1. Your Committee has met for the purpose of properly passing H.B. No. 1 in substantially the same form that H.B. No. 1000, H.D. 1, S.D. 2, C.D. 1, was transmitted to the Governor.

The only differences between this bill and H.B. No. 1000, H.D. 1, S.D. 2, C.D. 1, are in sections 7 through 10 relating to Drug Courts, Adult Probation, Family Court Probation Officers, and the Ho'okele Navigation Project. The amounts for these programs have been reduced to correctly reflect delays in hiring associated with the new positions authorized for these activities.

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. 1 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.