Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1001 entitled:

begs leave to report as follows:

The purpose of this bill is to repeal the statutory requirement that garnishees receive an allowance for every appearance at a garnishment case before the circuit and district courts.

Supportive testimony was submitted by the Judiciary; Maui Collection Services, Inc.; Select Consulting Service; Credit Associates of Maui, Ltd.; Kauai Credit Adjusters, Ltd.; State Wide Collections, the Bureau of Medical Economics, Ltd.; Credguard Corporation; Asset Recovery Group; a concerned attorney in private practice, and nine concerned citizens.

The Judiciary has made efforts to address accounting problems associated with monitoring the garnishee fees in Judiciary trust accounts and monitoring garnishee compliance. However, in evaluating the minimal benefit of the garnishee fee requirement and the burden on both filing parties and staff, the Judiciary has recommended, and your Committee has concurred, that the elimination of the garnishee fee altogether provides a simple solution.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1001 and recommends that it pass Second Reading and be referred to the Committee on Finance.