REPORT TITLE:
Fees


DESCRIPTION:
Provides that all moneys in excess of $      remaining in the
state parking revolving fund on June 30 of each year shall lapse
to the credit of the state general fund.  Requires district
courts to assess administrative processing fees for processing
various motor-vehicle related and other arrests and citations.
(HB1454 SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1454
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO FEES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that, in view of the
 
 2 current difficulties facing Hawaii's economy and the need to take
 
 3 measures to ensure fiscal solvency, there is a need to ensure
 
 4 that the cost of certain government operations be borne by the
 
 5 users of those services.  The purpose of this Act is therefore to
 
 6 provide that certain litigants in the district and circuit courts
 
 7 be assessed administrative processing fees for various
 
 8 violations.  In addition, this Act specifies that a single,
 
 9 uniform fee of $100 applies to all probate actions involving a
 
10 decedent's estate, to be collected only once upon filing for any
 
11 proceedings involving a decedent's estate.  The legislature finds
 
12 that this Act will help to generate additional revenue to fund
 
13 needed judiciary services and ensure that users of those services
 
14 contribute to the costs of government operations.
 
15      SECTION 2.  Section 607-4, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§607-4 District court costs.(a)  The fees prescribed by
 
18 subsection (b) shall be paid to the clerk of the district court
 
19 as costs of court by the person instituting the action or
 
20 proceeding, or offering the paper for filing, or causing the
 

 
Page 2                                                     1454
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        


 1 document to be issued or the services to be performed in the
 
 2 district court; provided that nothing in subsection (b) shall
 
 3 apply to cases of adults charged with commission of a crime, or 
 
 4 minors referred to the district court by the family court;
 
 5 provided further that for the purposes of subsection (b)
 
 6 "judgment" includes an order from which an appeal lies.
 
 7      (b)  The fees referred to in subsection (a) are:
 
 8      (1)  For the institution of each action or
 
 9           proceeding, to include all charges except as
 
10           provided by paragraphs (2) to (6)............[$75] $100
 
11      (2)  Intervention; answer containing one or more
 
12           cross-claims or counterclaims; third-party
 
13           complaint, for each such matter.....................$10
 
14      (3)  Demand for jury trial...Fee prescribed by section 607-5
 
15      (4)  Filing of notice of appeal to the supreme
 
16           court, to be paid in addition to the deposit
 
17           of appellate court costs...........................$100
 
18      (5)  Making of a copy; comparing of copy with
 
19           original...............Fees prescribed by section 92-21
 
20      (6)  Posting notice; service fees; garnishee fees;
 
21           mileage charges; or other services actually
 
22           performed.............Amounts necessary to cover actual
 
23                                           costs or disbursements."
 

 
Page 3                                                     1454
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        


 1      (c)  The court, in taxing costs, may assess not only the
 
 2 costs of court, but also all reasonable disbursements as provided
 
 3 by section 607-9.
 
 4      (d)  Sheriff's or police officer's fees:
 
 5      (1)  For serving any criminal summons, warrant, attachment,
 
 6           or other criminal process, $20 effective July 1, 1990.
 
 7      (2)  For serving any civil summons, warrant, attachment, or
 
 8           other civil process, $15 effective July 1, 1990.
 
 9      (3)  For every copy of an attachment and inventory of the
 
10           property attached, served upon the defendant, $1.50.
 
11      (4)  For serving any execution, 12 cents for every $1
 
12           collected up to $50, and 7 cents for every $1 over $50.
 
13      (5)  For serving subpoena or garnishee summons, $10.
 
14      (6)  For every mile of travel, more than one, in serving any
 
15           process, 35 cents; provided that (A) no allowance shall
 
16           be made where the serving officer uses a conveyance
 
17           furnished the serving officer by the State, or any
 
18           political or municipal subdivision thereof; (B) where
 
19           the serving officer serves more than one person in the
 
20           course of one trip, the serving officer shall not
 
21           charge, in the aggregate for all services, more than
 
22           the mileage for the entire trip; and (C) as far as
 
23           practicable, in order to minimize the mileage fees for
 

 
Page 4                                                     1454
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        


 1           the service, the sheriff or other chief of the serving
 
 2           officers, where service of process is to be made upon
 
 3           an island other than that upon which is situated the
 
 4           court issuing the process, shall cause the process to
 
 5           be transmitted to a deputy, the chief of police or
 
 6           other serving officer upon the island of service, who
 
 7           shall make the service upon receipt of the process; and
 
 8           the service shall be valid, notwithstanding that the
 
 9           process may not be addressed to the officer actually
 
10           making the service or to the officer's superior.
 
11      (e)  Anything in this section or any other law to the
 
12 contrary notwithstanding, when any process or subpoena is served
 
13 by a subordinate of the sheriff or chief of police, it shall be
 
14 illegal for the sheriff or chief of police, (1) if and so long as
 
15 the sheriff or chief of police is being paid a salary by the
 
16 State or the county to receive or collect from such subordinate
 
17 any portion of the fees, mileage, or other expenses collected by
 
18 such subordinate, or (2) if and so long as the sheriff or chief
 
19 of police is not being paid any such salary, to collect or
 
20 receive from such subordinate more than ten per cent of the fees
 
21 accruing from such service, or any portion of the mileage or
 
22 other expenses collected by such subordinate.  Where a subpoena
 
23 is served in behalf of the State or any county by a nonsalaried
 

 
Page 5                                                     1454
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        


 1 subordinate of the sheriff or chief of police, the regular fee
 
 2 for such service shall be payable to such subordinate.  Nothing
 
 3 herein contained shall be deemed to prohibit the police
 
 4 commission of any county from requiring all such fees, mileage,
 
 5 and expenses to be paid into a police benefit fund.
 
 6      (f)  Anything in this section or any other law to the
 
 7 contrary notwithstanding, an administrative processing fee shall
 
 8 be assessed by a district court under the following situations as
 
 9 follows:
 
10      (1)  For processing any arrest and citation regarding a
 
11           moving violation pursuant to chapter 286 or 291C...$20 
 
12      (2)  For processing any non-moving violation pursuant
 
13           to chapter 286 or 291C.............................$10 
 
14      (3)  For processing any parking citation...............$ 5 "
 
15      SECTION 3.  Section 607-5, Hawaii Revised Statutes, is
 
16 amended by amending subsection (b) to read as follows:
 
17      "(b)                    PART I
 
18 Action or proceeding, general:
 
19      (1)  Civil action or special proceeding, unless another item
 
20           in [this] part I applies...........................$200
 
21      (2)  Appeal to a circuit court..........................$100
 
22      (3)  Transfer of action to circuit court from district
 
23           court, in addition to district court fees..........$125
 

 
Page 6                                                     1454
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        


 1 Trusts:
 
 2      (4)  Proceeding for (A) appointment of trustee;
 
 3           (B) appointment of successor; (C) resignation
 
 4           of trustee; (D) instructions; (E) approval of
 
 5           investment; (F) approval of sale, mortgage,
 
 6           lease, or other disposition of property; (G)
 
 7           approval of compromise of claim, for each
 
 8           such matter........................................$100
 
 9      (5)  Proceeding for (A) removal of trustee; (B)
 
10           order requiring accounting; (C) invalidation
 
11           of action taken by trustee; (D) termination
 
12           of trust, for each such matter.....................$100
 
13      (6)  Accounting, this fee to be paid for each
 
14           account filed and to include the settlement
 
15           of the account......................................$10
 
16      (7)  Vesting order....................no charge under part I
 
17      (8)  Allowance of fees of trustees, attorneys, or
 
18           other fees for services incurred in a
 
19           proceeding for which a fee has been paid
 
20           under this section...............no charge under part I
 
21     (8a)  Registration of a trust, or release of
 
22           registration, under chapter 560......................$3
 
23      (9)  Any other proceeding relating to a trust............$15
 

 
Page 7                                                     1454
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        


 1 Guardianship of estate or conservatorship:
 
 2     (10)  Proceeding for (A) appointment; (B)
 
 3           appointment of successor; (C) resignation;
 
 4           (D) instructions, unless included in one of
 
 5           the foregoing proceedings; (E), (F), (G)
 
 6           approval of any matter listed in (E), (F), or
 
 7           (G) of item (4) in relation to a trust, for
 
 8           each such matter...................................$100
 
 9     (11)  Proceeding of the nature listed in (A), (B),
 
10           (C), or (D) of item (5) in relation to a
 
11           trust, for each such matter.........................$15
 
12     (12)  Accounting, same as provided by item (6) in
 
13           relation to a trust.................................$10
 
14     (13)  Any other proceeding relating to guardianship of an
 
15           estate, or a conservatorship.....no charge under part I
 
16 Probate (decedents' estates).  These fees include all matters of
 
17 the nature listed in items (4) to (9), without additional charge:
 
18    [(14)  Application for appointment of special
 
19           administrator by order of the court, in
 
20           addition to fee prescribed by item (15).............$10
 
21     (15)] (14)  Probate, administration, domiciliary
 
22           foreign personal representative, or ancillary
 
23           administration, this fee to be paid once only
 

 
Page 8                                                     1454
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        


 1           for each decedent's estate.........................$100
 
 2   [(15a)  Informal probate or appointment proceeding
 
 3           under chapter 560, this fee to be paid
 
 4           instead of the fee prescribed by item (15).........$100
 
 5    (15b)  Application under chapter 560 for formal
 
 6           testacy proceedings, or for supervised
 
 7           administration, this fee to be paid once
 
 8           only for each decedent's estate as an
 
 9           addition to the fee prescribed by
 
10           item (15a).........................................$20]
 
11 Family court cases:
 
12    [(16)] (15)  Matrimonial action (annulment, divorce,
 
13           separation, or separate maintenance)...............$100
 
14    [(17)] (16)  Adoption.....................................$100
 
15    [(18)] (17)  Guardianship of the person, including
 
16           all matters of the nature listed in items
 
17           (4) to (9).........................................$100
 
18    [(19)] (18)  Termination of parental
 
19           rights...........................no charge under part I
 
20    [(20)] (19)  Any other family court proceeding,
 
21           except motions or other pleadings in
 
22           matrimonial, adoption, and guardianship
 
23           actions, but including without limitation
 

 
Page 9                                                     1454
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        


 1           custody proceedings even if in the form of
 
 2           an habeas corpus proceeding........................$15"
 
 3      SECTION 4.  If any provision of this Act, or the application
 
 4 thereof to any person or circumstance is held invalid, the
 
 5 invalidity does not affect other provisions or applications of
 
 6 the Act which can be given effect without the invalid provision
 
 7 or application, and to this end the provisions of this Act are
 
 8 severable.
 
 9      SECTION 5.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 6.  This Act shall take effect on July 1, 1999.