STAND. COM. REP. NO. 962

Honolulu, Hawaii

RE:    H.B. No. 346

       H.D. 1

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 346, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Increase to unspecified amounts the fees of the sheriff, deputy sheriff, police officer, or certain independent civil process servers for the service of any civil summons, warrant, attachment, or other civil process; any copy of an attachment and inventory of property attached; any execution; any subpoena; any subpoena duces tecum; any garnishee summons; returning process as unserved; any bill of sale; executing and acknowledging a deed; drawing a bond; or any writ of possession or restitution;

     (2)  Increase to an unspecified amount the mileage fee in serving any process; and

     (3)  Increase to an unspecified amount the hourly rate that is agreed upon in advance between the party requesting the service and the sheriff, deputy sheriff, police officer, or an independent civil process server performing the service in lieu of any fee under section 607-4(d) or 607-8(a), Hawaii Revised Statutes.

     Your Committee received testimony in support of this measure from the Department of Public Safety and twenty-five individuals.  Your Committee received testimony in opposition to this measure from the Collection Law Section of the Hawaii State Bar Association.  Your Committee received comments on this measure from the Hawaii Bankers Association, Hawaii Credit Union League, and Hawaii Financial Services Association.

     Your Committee finds that periodic fee increases for services rendered may be necessary as operating costs increase.  This measure reflects the rise in costs for serving of civil process.

     Your Committee has amended this measure by changing the blank amounts to the respective specific amounts reflected in H.B. No. 346 as introduced during the Regular Session of 2015, to encourage further discussion by the Committee on Ways and Means on the service of civil process fee schedules.

     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. 346, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 346, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

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

________________________________

GILBERT S.C. KEITH-AGARAN, Chair