STAND. COM. REP. NO.  815

Honolulu, Hawaii

                , 2015

RE:   H.B. No. 346

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred H.B. No. 346 entitled:

"A BILL FOR AN ACT RELATING TO THE CIVIL PROCESS,"

begs leave to report as follows:

The purpose of this measure is to increase the fees of the sheriff, deputy sheriff, police officer, or independent civil process server for the service of any civil summons, warrant, attachment, or other civil process, or any attachment and inventory of property, execution, subpoena, subpoena duces tecum, or garnishee summons.  In addition, this measure increases the mileage fee and minimum agreed upon hourly rate for the service of process.

All Civil Process and numerous concerned individuals supported this measure.  The Hawaii State Bar Association Collection Law Section and Hawaii Bankers Association opposed this measure.  The Department of Public Safety; Mortgage Bankers Association of Hawaii; Hawaii Credit Union League; Hawaii Financial Services Association; and a concerned individual commented on this measure.

     Your Committee has amended this measure by:

     (1)  Changing the fees for any civil summons, warrant, attachment, or other civil process, or any attachment and inventory of property, execution, subpoena, subpoena duces tecum, or garnishee summons to unspecified amounts;

     (2)  Changing the mileage fee and minimum agreed upon hourly rate for the service of process to unspecified amounts; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 346, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 346, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

SYLVIA LUKE, Chair