STAND

STAND. COM. REP. NO. 590

Honolulu, Hawaii

, 2005

RE: S.B. No. 1335

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 Commerce, Consumer Protection, and Housing, to which was referred S.B. No. 1335 entitled:

"A BILL FOR AN ACT RELATING TO THE LANDLORD TENANT CODE,"

begs leave to report as follows:

The purpose of this measure is to amend the landlord tenant code to explicitly prohibit the unlawful possession of dangerous, harmful, or detrimental drugs by the tenant or a person under the tenant's control.

The City and County of Honolulu Department of the Prosecuting Attorney, the Honolulu Police Department, and the Hawaii Association of Realtors submitted testimony in support of this measure. Comments were received from one individual.

This measure specifically:

(1) Prohibits tenants and guests from unlawfully possessing dangerous, harmful, or detrimental drugs within the premises or the immediate vicinity of the dwelling unit. Noncompliance with this provision allows the landlord to immediately file a summary proceeding for possession;

(2) Provides that a written notice or report issued by a government law enforcement officer or agency regarding the possession of unlawful drugs may be used as evidence in the summary proceeding in accordance with the Hawaii Rules of Evidence; and

(3) Provides that the standard of proof for possessing unlawful drugs shall be by a preponderance of the evidence.

Your Committee has amended this measure by:

(1) Requiring the written notice to include:

(a) A statement regarding the possession of the dangerous, harmful, or detrimental drug on the landlord's property;

(b) The specific date of the possession; and

(2) Making technical, nonsubstantive changes for the purposes of clarity and consistency.

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 S.B. No. 1335, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1335, 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