THE SENATE	S.B. NO.	2003
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to court FEEs.

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

     SECTION 1.  Section 607-4, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

     "(d)  Sheriff's [or], private civil process server's, or police officer's fees[:] shall be as follows:

     (1)  For serving any criminal summons, warrant, attachment, or other criminal process, $30 effective July 1, 2001[.];

     (2)  For serving any civil summons, warrant, attachment, or other civil process, [$25] $40 effective July 1, [2001.] 2012;

     (3)  For every copy of an attachment and inventory of the property attached, served upon the defendant, $2[.];

     (4)  For serving any execution, 12 cents for every $1 collected up to $500, and 7 cents for every $1 over $500[.];

     (5)  For serving:  subpoena, [$25;] $40 and subpoena duces tecum or garnishee summons, [$15] $40 effective July 1, [2001.] 2012; and

     (6)  For every mile of travel, more than one, in serving any process, 40 cents; provided that (A) no allowance shall be made where the serving officer uses a conveyance furnished the serving officer by the State, or any political or municipal subdivision thereof; (B) where the serving officer serves more than one person in the course of one trip, the serving officer shall not charge, in the aggregate for all services, more than the mileage for the entire trip; and (C) as far as practicable, in order to minimize the mileage fees for the service, the sheriff or other chief of the serving officers, where service of process is to be made upon an island other than that upon which is situated the court issuing the process, shall cause the process to be transmitted to a deputy, the chief of police or other serving officer upon the island of service, who shall make the service upon receipt of the process; and the service shall be valid, notwithstanding that the process may not be addressed to the officer actually making the service or to the officer's superior.

In lieu of any fee under this [subsection,] subsection and except in the case of a private civil process server, the fee may be an hourly rate of not less than $50 per hour agreed upon in advance between the party requesting the service and the sheriff or police officer performing the service.

Private civil process servers shall be duly qualified by law.

     (e)  [Anything in this section or any other law to the contrary notwithstanding, when any process or subpoena is served by a subordinate of the sheriff or chief of police, it shall be illegal for the sheriff or chief of police, (1) if and so long as the sheriff or chief of police is being paid a salary by the State or the county to receive or collect from such subordinate any portion of the fees, mileage, or other expenses collected by such subordinate, or (2) if and so long as the sheriff or chief of police is not being paid any such salary, to collect or receive from such subordinate more than ten per cent of the fees accruing from such service, or any portion of the mileage or other expenses collected by such subordinate.]  Where a subpoena is served in behalf of the State or any county by a nonsalaried subordinate of the sheriff or chief of police, the regular fee for such service shall be payable to such subordinate.  Nothing herein contained shall be deemed to prohibit the police commission of any county from requiring all such fees, mileage, and expenses, excluding fees, mileage, and expenses of private civil process servers, to be paid into a police benefit fund."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2012.

INTRODUCED BY:

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Report Title:

Court Fees; Civil Process Servers

Description:

Increases fees for service of civil process.  Repeals authority of the sheriff or police chief to retain a percentage of service of process fees or expenses from salaried and non-salaried process servers.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.