REPORT TITLE:
Probate, Traffic Fees


DESCRIPTION:
Specifies that a single, uniform fee of $100 applies to all
probate actions involving a decedent's estate; adds a $5 court
fee for administrative costs for processing citations for
interfering with the movement of traffic. (HB1454 HD2)

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


                   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)  For the institution of each action or
 
 5           proceeding, to include all charges except as
 
 6           provided by paragraphs (2) to (6)...................$75
 
 7      (2)  Intervention; answer containing one or more
 
 8           cross-claims or counterclaims; third-party
 
 9           complaint, for each such matter.....................$10
 
10      (3)  Demand for jury trial...Fee prescribed by section 607-5
 
11      (4)  Filing of notice of appeal to the supreme
 
12           court, to be paid in addition to the deposit
 
13           of appellate court costs...........................$100
 
14      (5)  Making of a copy; comparing of copy with
 
15           original...............Fees prescribed by section 92-21
 
16      (6)  Posting notice; service fees; garnishee fees;
 
17           mileage charges; or other services actually
 
18           performed.............Amounts necessary to cover actual
 
19                                          costs or disbursements[.]
 

 
Page 2                                                     1454
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (7)  Administrative costs associated with the
 
 2           processing of traffic citations issued for
 
 3           the stopping, standing, or parking of
 
 4           vehicles that would interfere unduly with
 
 5           the free movement of traffic........................$5"
 
 6      SECTION 2.  Section 607-5, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (b) to read as follows:
 
 8      "(b)                    PART I
 
 9 Action or proceeding, general:
 
10      (1)  Civil action or special proceeding, unless another item
 
11           in [this] part I applies...........................$200
 
12      (2)  Appeal to a circuit court..........................$100
 
13      (3)  Transfer of action to circuit court from district
 
14           court, in addition to district court fees..........$125
 
15 Trusts:
 
16      (4)  Proceeding for (A) appointment of trustee;
 
17           (B) appointment of successor; (C) resignation
 
18           of trustee; (D) instructions; (E) approval of
 
19           investment; (F) approval of sale, mortgage,
 
20           lease, or other disposition of property; (G)
 
21           approval of compromise of claim, for each
 
22           such matter........................................$100
 

 
 
 
Page 3                                                     1454
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (5)  Proceeding for (A) removal of trustee; (B)
 
 2           order requiring accounting; (C) invalidation
 
 3           of action taken by trustee; (D) termination
 
 4           of trust, for each such matter.....................$100
 
 5      (6)  Accounting, this fee to be paid for each
 
 6           account filed and to include the settlement
 
 7           of the account......................................$10
 
 8      (7)  Vesting order....................no charge under part I
 
 9      (8)  Allowance of fees of trustees, attorneys, or
 
10           other fees for services incurred in a
 
11           proceeding for which a fee has been paid
 
12           under this section...............no charge under part I
 
13     (8a)  Registration of a trust, or release of
 
14           registration, under chapter 560......................$3
 
15      (9)  Any other proceeding relating to a trust............$15
 
16 Guardianship of estate or conservatorship:
 
17     (10)  Proceeding for (A) appointment; (B)
 
18           appointment of successor; (C) resignation;
 
19           (D) instructions, unless included in one of
 
20           the foregoing proceedings; (E), (F), (G)
 
21           approval of any matter listed in (E), (F), or
 
22           (G) of item (4) in relation to a trust, for
 
23           each such matter...................................$100
 

 
Page 4                                                     1454
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1     (11)  Proceeding of the nature listed in (A), (B),
 
 2           (C), or (D) of item (5) in relation to a
 
 3           trust, for each such matter.........................$15
 
 4     (12)  Accounting, same as provided by item (6) in
 
 5           relation to a trust.................................$10
 
 6     (13)  Any other proceeding relating to guardianship of an
 
 7           estate, or a conservatorship.....no charge under part I
 
 8 Probate (decedents' estates).  These fees include all matters of
 
 9 the nature listed in items (4) to (9), without additional charge:
 
10    [(14)  Application for appointment of special
 
11           administrator by order of the court, in
 
12           addition to fee prescribed by item (15).............$10
 
13 (15)](14) Probate, administration, domiciliary foreign
 
14           personal representative, or ancillary
 
15           administration, this fee to be paid once only
 
16           for each decedent's estate.........................$100
 
17   [(15a)  Informal probate or appointment proceeding
 
18           under chapter 560, this fee to be paid
 
19           instead of the fee prescribed by item (15).........$100
 
20    (15b)  Application under chapter 560 for formal
 
21           testacy proceedings, or for supervised
 
22           administration, this fee to be paid once
 
23           only for each decedent's estate as an
 
24           addition to the fee prescribed by
 
25           item (15a).........................................$20]
 

 
Page 5                                                     1454
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 Family court cases:
 
 2 [(16)](15) Matrimonial action (annulment, divorce,
 
 3            separation, or separate maintenance)..............$100
 
 4 [(17)](16) Adoption..........................................$100
 
 5 [(18)](17) Guardianship of the person, including all
 
 6            matters of the nature listed in items (4) to
 
 7            (9)...............................................$100
 
 8 [(19)](18) Termination of parental rights..no charge under part I
 
 9 [(20)](19) Any other family court proceeding, except
 
10            motions or other pleadings in matrimonial,
 
11            adoption, and guardianship actions, but
 
12            including without limitation custody
 
13            proceedings even if in the form of an
 
14            habeas corpus proceeding..........................$15"
 
15      SECTION 3.  If any provision of this Act, or the
 
16 application thereof to any person or circumstance is held invalid,
 
17 the invalidity does not affect other provisions or applications of
 
18 the Act which can be given effect without the invalid provision or
 
19 application, and to this end the provisions of this Act are
 
20 severable.
 
21      SECTION 4.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 5.  This Act shall take effect on July 1, 1999.