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THE SENATE |
S.B. NO. |
2242 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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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 subsection (d) to read as follows:
"(d) Sheriff's or police officer's fees:
(1) For serving any criminal summons, warrant,
attachment, or other criminal process, [$30 effective July 1, 2001.]
$50;
(2) For serving any civil summons, warrant, attachment,
or other civil process, [$25 effective July 1, 2001.] $40;
(3) For every copy of an attachment and inventory of
the property attached, served upon the defendant, [$2.] $3;
(4) For serving any execution, [12] 16
cents for every $1 collected up to $500, and [7] 10 cents for
every $1 over $500[.];
(5) For serving: subpoena, [$25;] $40;
and subpoena duces tecum or garnishee summons, [$15 effective July 1, 2001.]
$35; and
(6) For every mile of travel, more than one, in
serving any process, [40] 60 cents; provided that [(A) no]:
(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] 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] 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, the fee
may be an hourly rate of not less than [$50] $75 per hour agreed
upon in advance between the party requesting the service and the sheriff or
police officer performing the service."
SECTION 2. Section 607-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) For all necessary travel in making
the service, per mile for every mile more than [one...40] one, 60
cents provided that:
(1) 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;
(2) 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
(3) 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.
For serving criminal summons or any other
criminal process except a subpoena, for each person served therewith [$30
effective July 1, 2001.], $50.
For serving civil summons or any other civil
process, except a subpoena or a garnishee summons, for each person served
therewith [$25 effective July 1, 2001.], $40.
For serving: subpoena, for each person, [$25;]
$40; and subpoena duces tecum or garnishee summons, for each person [$15
effective July 1, 2001.], $35.
For returning as unserved after due and
diligent search any process when it has been found that the person to be served
has left the State [$5 effective July 1, 2001.], $10.
For serving any execution or other process for
the collection of money, for every dollar collected up to $1,000 [5],
9 cents.
And for every
dollar over $1,000 [2-1/2], 5 cents.
All fees paid to any printer for publishing an advertisement of the sale of any property.
For every bill of
sale [$2.], $4.
For executing and
acknowledging a deed pursuant to a sale of real estate to be paid by the
grantee in the deed [$8.], $10.
For drawing any
bond required by law [$2.], $4.
For serving writ of
possession or restitution, putting any person entitled into the possession of
premises, and removing a tenant pursuant to order of court [$25.], $40.
Together with all necessary expenses incurred by the officer serving the writ, incident to the eviction.
For selling any property on an order from the court other than an execution, the same allowance as for service and sales by execution.
The fees for service of executions, attachments, and collection of judgments, together with all costs incurred after judgment rendered, not included in the judgment, in all courts of the State, shall be collected in addition to the sum directed to be levied and collected in the writ.
In lieu of any fee under this subsection, the
fee may be an hourly rate of not less than [$50] $75 per hour
agreed upon in advance between the party requesting the service and the sheriff
or police officer performing the service."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2012.
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INTRODUCED BY: |
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Report Title:
Sheriff; Service Fees; Court Fees; Serving Officers; Police Officers
Description:
Increases various court service fees of the sheriff, police officers, and serving officers.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.