STAND. COM. REP. NO. 371-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2295

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2295 entitled:

"A BILL FOR AN ACT RELATING TO COLLECTIONS ON DELINQUENT COURT-ORDERED PAYMENTS,"

begs leave to report as follows:

The purpose of this bill is to authorize the Judiciary to contract with bonded collection agencies to collect delinquent court-ordered payments.

The Judiciary supported this bill. A concerned individual submitted suggested amendments. Concerns were raised that the Judiciary should be afforded more flexibility than is allowed under this bill as written.

Your Committee finds that this bill will give the Judiciary a useful tool in its efforts to collect outstanding court-ordered payments. However, the Judiciary should have the flexibility to use private attorneys as well as collection agencies to aid in their collection efforts. Your Committee further notes that in very difficult collection cases, the Judiciary may need to offer collection fees above the 20 percent allowed under this bill.

Accordingly, your Committee has amended this bill by:

(1) Allowing the Judiciary to hire licensed attorneys to pursue collections;

(2) Raising the allowable collection fee from 20 to 50 percent; and

(3) Making technical, nonsubstantive amendments for clarity and style.

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. 2295, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2295, H.D. 1, and be referred to the Committee on Finance.

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

 

____________________________

ERIC G. HAMAKAWA, Chair