Bill Text: HI SB313 | 2013 | Regular Session | Introduced
Bill Title: Sheriff; Service Fees; Court Fees; Serving Officers; Police
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-01-22 - Referred to JDL, WAM. [SB313 Detail]
Download: Hawaii-2013-SB313-Introduced.html
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THE SENATE |
S.B. NO. |
313 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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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) Fees of sheriff, deputy sheriff, police officer, or other person authorized by the rules of court:
(1) For serving any criminal summons, warrant,
attachment, or other criminal process, [$30 effective July 1, 2001.] $50.
This fee is payable to a sheriff, deputy sheriff, or police officer. Service
of criminal summons, warrant, attachment, or other criminal process shall be
made only by persons authorized to serve criminal summons in accordance with
rules of court[.];
(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 allowance shall be made where the serving individual uses a conveyance furnished the serving individual by the State, or any political or municipal subdivision thereof;
(B) Where the serving individual serves more than one person in the course of one trip, the serving individual 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, or other person authorized by the rules of court, 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 the sheriff, deputy sheriff, the chief of police, a person authorized by the rules of court, or other serving individual 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 individual actually making the service or to the individual'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, deputy
sheriff, police officer, or other person authorized by the rules of court
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 individual uses a conveyance furnished the serving individual by the State, or any political or municipal subdivision thereof;
(2) Where the serving individual serves more than one person in the course of one trip, the serving individual 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, or other person authorized by the rules of court 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 the sheriff, deputy sheriff, the chief of police, other person authorized by the rules of court, or other serving individual 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 individual actually making the service or to the individual'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. Service of criminal summons or
any other criminal process shall be made only by persons authorized to serve
criminal summons in accordance with rules of court.
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 cents.],
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 individual 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, deputy sheriff, police officer, or other person
authorized by the rules of court 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, 2013.
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INTRODUCED BY: |
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Report Title:
Sheriff; Service Fees; Court Fees; Serving Officers; Police
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.
