STAND. COM. REP. NO. 2116

Honolulu, Hawaii

RE: S.B. No. 462

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 462 entitled:

"A BILL FOR AN ACT RELATING TO ATTACHMENT AND EXECUTION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Increase the amount of interest in real property that is exempt from attachment and execution;

(2) Amend the value of certain personal property that is exempt from attachment and execution, including increasing the exemption amount for a motor vehicle; and

(3) Exempt from attachment and execution, a combined total of one month of child support and one month of spousal support, or $5,000, whichever is less.

Your Committee received testimony in support of this measure from the Hawaii Appleseed Center for Law and Economic Justice and one individual.

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 Credit Union League, Mortgage Bankers Association of Hawaii, Hawaii Financial Services Association, and Hawaii Bankers Association.

Your Committee finds that the current statutory exemptions from attachment or execution of real and personal property are outdated, and need to be updated. This measure increases the amount of the exemption for interest in real property to $100,000 in equity; certain personal property to its fair market value; and a motor vehicle to $15,000. This measure also establishes exemptions for child support and spousal support. This measure will serve to keep more local families in stable housing while giving them room to regain a measure of economic security and reduce long-term poverty in the State.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 462 and recommends that it pass Second Reading and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

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JOY A. SAN BUENAVENTURA, Chair