STAND. COM. REP. NO. 566

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1192

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 1192 entitled:

 

"A BILL FOR AN ACT RELATING TO DISTRICT COURT,"

 

begs leave to report as follows:

 

     The purpose of this measure is to increase the jurisdictional limits of small claims court, as follows:

 

     (1)  For cases for the recovery of money, from $3,500 to $7,000, exclusive of interest and costs; and

 

     (2)  For cases for the return of leased or rented personal property, from $3,500 to $7,000, exclusive of interest and costs.

 

     Your Committee received testimony in support of this measure from the Legal Aid Society of Hawaii, Access to Justice Commission, The Mediation Center of the Pacific, Inc., and four individuals.  Comments were received from the Judiciary.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that this measure would allow a person with a claim of $7,000 or less to use the small claims court.  Increasing the jurisdictional limit of the small claims court to $7,000 will enable more people to pursue their claims in an easier, less expensive and more expeditious manner than is the usual case in the Regular Claims Division of the District Court or the Circuit Court.

 

     Your Committee is aware that raising the limit to $7,000 would enable a litigant to demand a jury trial under the Hawaii State Constitution's right to a jury trial in matters over $5,000.  Your Committee understands the potential increase in costs and time involved in a jury trial.   Nevertheless, your Committee believes that this measure has merits that deserve further consideration and discussion.

 

     Your Committee has amended this measure by changing the effective date to July 1, 2050.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1192, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1192, 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 Government Operations,

 

 

 

____________________________

BRIAN T. TANIGUCHI, Chair