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 S.B. No. 615 entitled:

begs leave to report as follows:

The purpose of this measure is to amend the exclusive jurisdiction of the small claims division of the district court over security deposit disputes between a landlord and tenant to give concurrent jurisdiction to the regular claims division adjudicating a summary possession action involving the same parties.

Testimony in support of this measure was submitted by the Judiciary and one individual.

Your Committee finds that the claims to resolve security deposit disputes in residential landlord-tenant cases must presently be determined in the small claims division of the district court, while summary possession cases, involving the same parties, must be handled by the regular claims division. This measure would make it clear that the regular claims division of the district court will also be able to resolve security deposit disputes without first referring the matter to the small claims division.

Your Committee has amended this measure by making technical, non-substantive changes.

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 S.B. No. 615, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 615, S.D. 1, and be placed on the calendar for Third Reading.