STAND. COM. REP. NO. 3141
Honolulu, Hawaii
RE: H.B. No. 105
H.D. 1
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2006
State of Hawaii
Sir:
Your Committee on Commerce, Consumer Protection, and Housing, to which was referred H.B. No. 105, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE,"
begs leave to report as follows:
The purpose of this measure is to prohibit tenants or their guests from possessing dangerous, harmful, or detrimental drugs in a dwelling unit or on surrounding premises. A summary proceeding for possession (eviction) is authorized for violation of the prohibition.
Testimony in support of the measure was submitted by the Department of the Prosecuting Attorney, City and County of Honolulu, and by the Hawaii Association of Realtors.
Your Committee finds that this measure is necessary to address the very serious problem caused for landlords and neighbors by the escalation of illegal drug use in our communities.
Your Committee has amended the measure for greater effect and closer harmony with the Hawaii Penal Code by replacing:
(1) Amendment of sections 521-52 and 521-72, Hawaii Revised Statutes, relating to a landlord's remedies for improper use of a premises, with amendment of sections 521-51 and 521-69, relating to a landlord's remedies for unlawful use;
(2) Reference to "unlawful possession" with reference to the broader offense of promoting dangerous, harmful, or detrimental drugs; and
(3) Reference to "any written notice or report regarding" with reference to "charged with or convicted of" a drug offense.
Your Committee has also changed the effective date of the measure to read July 1, 2050, for purposes of further discussion, and has made technical, nonsubstantive amendments for clarity.
As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 105, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 105, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Housing,
|
____________________________ RON MENOR, Chair |
||