Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 615, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to increase judicial economy by amending the exclusive jurisdiction of the small claims division of the district court over security deposit disputes between a landlord and tenant to provide concurrent jurisdiction to the regular claims division when adjudicating a summary possession (i.e. eviction) action involving the same parties.

The Judiciary and a concerned individual testified in support of this bill.

Currently, disputes over security deposits must be filed in the small claims division of the district court. At the same time, summary possession actions must be filed in the regular claims division of the district court even if they involve the same parties. This bill would ensure that the regular claims division of the district court may address all issues relating to summary possession and not be required to refer security deposit disputes to the small claims division.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 615, S.D. 1, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.