Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

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

begs leave to report as follows:

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

Testimony in support of this measure was submitted by the Judiciary, Credit Associates of Maui, Ltd., Hawaii State Bar Association, Collection Agency of Hawaii, Inc., VeriCheck, Pacific Collections, and eleven private citizens.

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

As affirmed by the record of votes of the members of your Committee on Judiciary 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 placed on the calendar for Third Reading.