Bill Text: HI HB2784 | 2010 | Regular Session | Amended

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Bill Title: Small Claims Court; Monetary Limit

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Enrolled - Dead) 2010-04-23 - (H) Conference Committee Meeting will reconvene on Friday 04-23-10 10:30AM in conference room 325. [HB2784 Detail]

Download: Hawaii-2010-HB2784-Amended.html

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STAND. COM. REP. NO. 2863

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 2784

       H.D. 1

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 2784, H.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Increase the jurisdictional limits of the Small Claims Division of the District Court from $3,500 to $4,500; and

 

     (2)  Allow a case to be transferred from the Small Claims Division to the regular claims division of the District Court by either party.

 

     Testimony in support of the measure was submitted by one individual.  Comments regarding the measure were submitted by the Judiciary and the Collection Law Section of the Hawaii State Bar Association.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that increasing the jurisdictional limit of the Small Claims Division will essentially adjust the current amount for inflation and will allow the court to hear cases that, for various reasons, are better suited to be heard in the Small Claims Division forum.

 

     Your Committee has amended this measure by:

 

     (1)  Increasing the jurisdictional limit to less than $5,000, in order to avoid any conflict with article I, section 13 of the Hawaii State Constitution, which provides for the right to a jury trial in civil cases, while allowing greater access to the courts by the public;

 

     (2)  Limiting to the plaintiff the right to choose to transfer a case from the Small Claims Division to the regular claims division of the District Court, in order to preserve the benefits of a quick resolution and minimal cost to both of the parties;

 

     (3)  Inserting an effective date of September 14, 2047 to encourage further discussion; and

 

     (4)  Making technical, nonsubstantive changes for purposes of style.

 

     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 H.B. No. 2784, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2784, 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 Government Operations,

 

		____________________________ BRIAN T. TANIGUCHI, Chair