STAND. COM. REP. NO.  450

Honolulu, Hawaii

                , 2015

RE:   H.B. No. 375

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 375 entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY,"

begs leave to report as follows:

The purpose of this measure is to amend state law regarding attachment or execution for real and personal property by:

     (1)  Changing the attachment or execution exemption amounts for:

          (A)  Real property from $30,000 to the most recent real property tax assessment value of the property; and

          (B)  Various pieces of personal property, including vehicles, to adjusted fair market value; and

     (2)  Exempting from the attachment or execution of personal property, child support, tax refunds that result from a federal earned income tax credit, and tax refunds that result from federal or state child tax credits.

An individual testified in support of this measure.  The Department of the Attorney General, Hawaii Bankers Association, Hawaii Financial Services Association, and Hawaii Credit Union League testified in opposition to this measure.  The Department of Taxation and Hawaii State Bar Association Collection Law Section provided comments.

     Your Committee has amended this measure by changing the attachment or execution exemption amount for real property to an unspecified amount.

     Should the Committee on Judiciary deliberate this measure further, your Committee on Consumer Protection and Commerce respectfully requests that it further explore an appropriate attachment or execution exemption amount for real property.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 375, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 375, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ANGUS L.K. McKELVEY, Chair