REPORT TITLE:
Sheriff's Office Fees


DESCRIPTION:
Raises fees of sheriff's office to level comparable with national
standard.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2695
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FEES OF THE SHERIFF'S OFFICE. 


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

 1      SECTION 1.  The purpose of this Act is to raise the fees of
 
 2 the sheriff's office to a level comparable to a national
 
 3 standard.
 
 4      SECTION 2.  Section 607-4, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (d) to read as follows:
 
 6      "(d)  Sheriff's or police officer's fees:
 
 7      (1)  For serving any criminal summons, warrant, attachment,
 
 8           or other criminal process, [$20] $30 effective July 1,
 
 9           [1990.] 2000.
 
10      (2)  For serving any civil summons, warrant, attachment, or
 
11           other civil process, [$15] $25 effective July 1,
 
12           [1990.] 2000.
 
13      (3)  For every copy of an attachment and inventory of the
 
14           property attached, served upon the defendant, [$1.50.]
 
15           $2.
 
16      (4)  For serving any execution, [12] 20 cents for every $1
 
17           collected up to [$50,] $100, and [7] 15 cents for every
 
18           $1 over [$50.] $100.
 
19      (5)  [For serving subpoena or garnishee summons, $10.] For
 

 
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 1           serving:  subpoena, $25; and subpoena duces tecum or
 
 2           garnishee summons, $15 effective July 1, 2000.
 
 3      (6)  For every mile of travel, more than one, in serving any
 
 4           process, [35] 40 cents; provided that (A) no allowance
 
 5           shall be made where the serving officer uses a
 
 6           conveyance furnished the serving officer by the State,
 
 7           or any political or municipal subdivision thereof; (B)
 
 8           where the serving officer serves more than one person
 
 9           in the course of one trip, the serving officer shall
 
10           not charge, in the aggregate for all services, more
 
11           than the mileage for the entire trip; and (C) as far as
 
12           practicable, in order to minimize the mileage fees for
 
13           the service, the sheriff or other chief of the serving
 
14           officers, where service of process is to be made upon
 
15           an island other than that upon which is situated the
 
16           court issuing the process, shall cause the process to
 
17           be transmitted to a deputy, the chief of police or
 
18           other serving officer upon the island of service, who
 
19           shall make the service upon receipt of the process; and
 
20           the service shall be valid, notwithstanding that the
 
21           process may not be addressed to the officer actually
 
22           making the service or to the officer's superior."
 
23      SECTION 3.  Section 607-8, Hawaii Revised Statutes, is
 

 
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                                     S.B. NO.           2695
                                                        
                                                        

 
 1 amended by amending subsection (a) to read as follows:
 
 2      "(a)  For all necessary travel in making the service, per
 
 3 mile for every mile more than one...[35] 40 cents provided that:
 
 4      (1)  No allowance shall be made where the serving officer
 
 5           uses a conveyance furnished the serving officer by the
 
 6           State, or any political or municipal subdivision
 
 7           thereof;
 
 8      (2)  Where the serving officer serves more than one person
 
 9           in the course of one trip, the serving officer shall
 
10           not charge, in the aggregate for all services more than
 
11           the mileage for the entire trip; and
 
12      (3)  As far as practicable, in order to minimize the mileage
 
13           fees for the service, the sheriff or other chief of the
 
14           serving officers, where service of process is to be
 
15           made upon an island other than that upon which is
 
16           situated the court issuing the process, shall cause the
 
17           process to be transmitted to a deputy, the chief of
 
18           police, or other serving officer upon the island of
 
19           service who shall make the service upon receipt of the
 
20           process; and the service shall be valid,
 
21           notwithstanding that the process may not be addressed
 
22           to the officer actually making the service or to the
 
23           officer's superior.
 

 
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                                     S.B. NO.           2695
                                                        
                                                        

 
 1      For serving criminal summons or any other criminal
 
 2 process except a subpoena, for each person served
 
 3 therewith...............[$20] $30 effective July 1, [1990.] 2000.
 
 4      For serving civil summons or any other civil process,
 
 5 except a subpoena or a garnishee summons, for each person
 
 6 served therewith........[$15] $25 effective July 1, [1990.] 2000.
 
 7      For serving: subpoena, for each person, $25; and
 
 8 subpoena duces tecum or garnishee summons, for each
 
 9 person........................[$10.] $15  effective July 1, 2000.
 
10      For returning as unserved after due and diligent search any
 
11 process when it has been found that the person to be served has
 
12 left the State...................[$2.] $5 effective July 1, 2000.
 
13      For serving any execution or other process for the
 
14 collection of money, for every dollar collected up
 
15 to $500.............................................[5] 10 cents.
 
16      And for every dollar over $500..............[2-1/2] 5 cents.
 
17      All fees paid to any printer for publishing an advertisement
 
18 of the sale of any property.
 
19      For every bill of sale.............................[$1.] $2.
 
20      For executing and acknowledging a deed pursuant to a sale
 
21 of real estate to be paid by the grantee in the deed....[$5.] $8.
 
22      For drawing any bond required by law...............[$1.] $2.
 
23      For serving writ of possession or restitution, putting any
 

 
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 1 person entitled into the possession of premises, and removing a
 
 2 tenant pursuant to order of court......................[$1.] $25.
 
 3      Together with all necessary expenses incurred by the officer
 
 4 serving the writ, incident to the eviction.
 
 5      For selling any property on an order from the court other
 
 6 than an execution, the same allowance as for service and sales by
 
 7 execution.
 
 8      The fees for service of executions, attachments, and
 
 9 collection of judgments, together with all costs incurred after
 
10 judgment rendered, not included in the judgment, in all courts of
 
11 the State, shall be collected in addition to the sum directed to
 
12 be levied and collected in the writ."
 
13      SECTION 4.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 5.  This Act shall take effect on July 1, 2000.
 
16 
 
17                       INTRODUCED BY:  ___________________________