STAND. COM. REP. NO. 1126

Honolulu, Hawaii

RE:    H.B. No. 1333

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1333, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SMALL CLAIMS COURT,"

begs leave to report as follows:

     The purpose and intent of this measure is to increase the maximum monetary claim that may be filed in small claims court from a maximum of $3,500 to a monetary claim that is not equal to or more than $5,000, exclusive of interests and costs.

     Your Committee received testimony in support of this measure from the Judiciary and the Collection Law Section of the Hawaii State Bar Association.

     Your Committee finds that this measure will provide a number of benefits to the parties of small claims cases, including control of where the case is heard, earlier trial dates, more timely access to any monetary awards, and the opportunity to resolve differences through mediation.

     Your Committee also notes that the less than $5,000 amount proposed in this measure does not affect the right of trial by jury for civil cases with a value in controversy that exceeds $5,000, as afforded by article I, section 13, of the Hawaii State Constitution.

     Your Committee has amended this measure by changing the effective date to July 1, 2011.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1333, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1333, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair