REPORT TITLE:
Fees


DESCRIPTION:
Amends fees for the institution of each action or proceeding.
Provides for fees for administrative costs associated with the
processing of traffic citations.  Gives judges discretion to
recover the actual cost of issuing a bench warrant by assessing a
$50 fine upon the person for whom the warrant is issued. (HB1454
CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1454
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            C.D. 1         
                                                         
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO FEES.



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

 1      SECTION 1.  Section 607-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  The fees referred to in subsection (a) are:
 
 4      (1)  Except for petitions for temporary restraining order
 
 5           under section 604-10.5, the fee for which shall be the
 
 6           same as that provided in section 607-5(b)(19), for
 
 7           [For] the institution of each action or proceeding, to
 
 8           include all charges except as provided by paragraphs
 
 9           (2) to (6)...................................[$75] $100
 
10      (2)  Intervention; answer containing one or more
 
11           cross-claims or counterclaims; third-party
 
12           complaint, for each such matter.....................$10
 
13      (3)  Demand for jury trial...Fee prescribed by section 607-5
 
14      (4)  Filing of notice of appeal to the supreme
 
15           court, to be paid in addition to the deposit
 
16           of appellate court costs...........................$100
 
17      (5)  Making of a copy; comparing of copy with
 
18           original...............Fees prescribed by section 92-21
 
19      (6)  Posting notice; service fees; garnishee fees;
 
20           mileage charges; or other services actually
 

 
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                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        C.D. 1
                                                        


 1           performed.............Amounts necessary to cover actual
 
 2           costs or disbursements[.]
 
 3      (7)  Administrative costs associated with the processing of
 
 4           traffic citations that involve stopping (when
 
 5           prohibited), standing, or parking....................$5
 
 6           for each violation in addition to any fine imposed by
 
 7           the court, and whether or not such fine is suspended
 
 8      (8)  Administrative costs associated with the 
 
 9           processing of traffic citations which do not
 
10           involve stopping, standing, or parking..............$20
 
11           for each violation in addition to any fine imposed by
 
12           the court, and whether or not such fine is suspended
 
13      (9)  Administrative costs associated with the processing of
 
14           traffic citations issued for violations of a statute or
 
15           ordinance relating to vehicles or their drivers, or
 
16           owners, except those as provided by paragraphs (7)
 
17           and (8).............................................$15
 
18           for each violation in addition to any fine imposed by
 
19           the court, and whether or not such fine is suspended."
 
20      SECTION 2.  Section 607-5, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)                    PART I
 
23 Action or proceeding, general:
 

 
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 1      (1)  Civil action or special proceeding, unless another item
 
 2           in [this] part I applies...........................$200
 
 3      (2)  Appeal to a circuit court..........................$100
 
 4      (3)  Transfer of action to circuit court from district
 
 5           court, in addition to district court fees..........$125
 
 6 Trusts:
 
 7      (4)  Proceeding for (A) appointment of trustee;
 
 8           (B) appointment of successor; (C) resignation
 
 9           of trustee; (D) instructions; (E) approval of
 
10           investment; (F) approval of sale, mortgage,
 
11           lease, or other disposition of property; (G)
 
12           approval of compromise of claim, for each
 
13           such matter........................................$100
 
14      (5)  Proceeding for (A) removal of trustee; (B)
 
15           order requiring accounting; (C) invalidation
 
16           of action taken by trustee; (D) termination
 
17           of trust, for each such matter.....................$100
 
18      (6)  Accounting, this fee to be paid for each
 
19           account filed and to include the settlement
 
20           of the account......................................$10
 
21      (7)  Vesting order....................no charge under part I
 
22      (8)  Allowance of fees of trustees, attorneys, or
 
23           other fees for services incurred in a
 

 
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                                     H.B. NO.           H.D. 2
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 1           proceeding for which a fee has been paid
 
 2           under this section...............no charge under part I
 
 3     (8a)  Registration of a trust, or release of
 
 4           registration, under chapter 560......................$3
 
 5      (9)  Any other proceeding relating to a trust............$15
 
 6 Guardianship of estate or conservatorship:
 
 7     (10)  Proceeding for (A) appointment; (B)
 
 8           appointment of successor; (C) resignation;
 
 9           (D) instructions, unless included in one of
 
10           the foregoing proceedings; (E), (F), (G)
 
11           approval of any matter listed in (E), (F), or
 
12           (G) of item (4) in relation to a trust, for
 
13           each such matter...................................$100
 
14     (11)  Proceeding of the nature listed in (A), (B),
 
15           (C), or (D) of item (5) in relation to a
 
16           trust, for each such matter.........................$15
 
17     (12)  Accounting, same as provided by item (6) in
 
18           relation to a trust.................................$10
 
19     (13)  Any other proceeding relating to guardianship of an
 
20           estate, or a conservatorship.....no charge under part I
 
21 Probate (decedents' estates).  These fees include all matters of
 
22 the nature listed in items (4) to (9), without additional charge:
 
23    [(14)  Application for appointment of special
 

 
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                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        C.D. 1
                                                        


 1           administrator by order of the court, in
 
 2           addition to fee prescribed by item (15).............$10
 
 3     (15)] (14)  Probate, administration, domiciliary
 
 4           foreign personal representative, or ancillary
 
 5           administration, this fee to be paid once only
 
 6           for each decedent's estate.........................$100
 
 7   [(15a)  Informal probate or appointment proceeding
 
 8           under chapter 560, this fee to be paid
 
 9           instead of the fee prescribed by item (15).........$100
 
10    (15b)  Application under chapter 560 for formal
 
11           testacy proceedings, or for supervised
 
12           administration, this fee to be paid once
 
13           only for each decedent's estate as an
 
14           addition to the fee prescribed by
 
15           item (15a).........................................$20]
 
16 Family court cases:
 
17    [(16)] (15)  Matrimonial action (annulment, divorce,
 
18           separation, or separate maintenance)...............$100
 
19    [(17)] (16)  Adoption.....................................$100
 
20    [(18)] (17)  Guardianship of the person, including
 
21           all matters of the nature listed in items
 
22           (4) to (9).........................................$100
 
23    [(19)] (18)  Termination of parental
 

 
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                                     H.B. NO.           H.D. 2
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 1           rights...........................no charge under part I
 
 2    [(20)] (19)  Any other family court proceeding,
 
 3           except motions or other pleadings in
 
 4           matrimonial, adoption, and guardianship
 
 5           actions, but including without limitation
 
 6           custody proceedings even if in the form of
 
 7           an habeas corpus proceeding........................$15"
 
 8      SECTION 3.  Chapter 607, Hawaii Revised Statutes, is amended
 
 9 by adding a new section to part I to be appropriately designated
 
10 and to read as follows:
 
11      "607-    Assessment for bench warrant issuance.  The court,
 
12 when issuing a bench warrant for any person who fails to appear
 
13 or who otherwise fails to comply with a court order, may assess
 
14 that person a sum not to exceed $50 for the cost of issuing the
 
15 bench warrant."
 
16      SECTION 4.  If any provision of this Act, or the application
 
17 thereof to any person or circumstance is held invalid, the
 
18 invalidity does not affect other provisions or applications of
 
19 the Act which can be given effect without the invalid provision
 
20 or application, and to this end the provisions of this Act are
 
21 severable.
 
22      SECTION 5.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 6.  This Act shall take effect on July 1, 1999.