STAND. COM. REP. NO.1023

Honolulu, Hawaii

, 2001

RE: S.B. No. 423

S.D. 1

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 423, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CIVIL PROCEEDINGS,"

begs leave to report as follows:

The purpose of this bill is to amend Hawaii law relating to garnishment by:

(1) Amending the definition of a government beneficiary to include government vendors; and

(2) Providing that a party may seek to extend the term of a judgment or decree by filing either a non-hearing or hearing motion.

Testimony in support of this bill was submitted by Maui Collection Service, Inc., Kauai Credit Adjusters, Ltd., Bureau of Medical Economics, Ltd., Credit Associates of Maui, Ltd., Hawaii Financial Services Association, Pacific Board of Trade, Inc., Select Consulting Service, VeriCheck, Collection Agency of Hawaii, Inc., Pacific Collections, Hawaiian Collectors Association, Inc., Credguard Corporation, Asset Recovery Group, Medcah Inc., private practice attorneys, and members of the public.

 

The Department of Accounting and General Services (DAGS) indicated that the State should not be required to file disclosure statements concerning collection efforts undertaken by third party creditors against government vendors. Accordingly, your Committee has amended this bill by adopting DAGS' recommendation to delete the portions of the bill that authorizes the garnishment of government vendors as government beneficiaries.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 423, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 423, S.D. 1, H.D. 1, and be referred to the Committee on Labor and Public Employment.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair