STAND. COM. REP. NO. 526-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1773

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1773 entitled:

"A BILL FOR AN ACT RELATING TO GARNISHMENT,"

begs leave to report as follows:

The purpose of this bill is to authorize a defendant's employer to retain an administrative fee of $2 for each payment delivered to the plaintiff to satisfy a judgment.

The Hawaii Financial Services Association, Hawaii Bankers Association, and a concerned individual testified in opposition to this bill as written. A concerned individual suggested amendments. All of the aforementioned testimony expressed opposition to the fact that the $2 fee would be deducted from the amount owed to the judgment creditor. The testimony further indicated that this measure would be acceptable if clarifying language were incorporated.

Your Committee finds that the $2 administrative fee proposed by this bill should be deducted from the garnishee's wages and should not reduce the judgment amount granted to the judgment creditor.

Your Committee has amended this bill by:

 

(1) Clarifying that the $2 administrative fee shall be deducted from the judgment debtor's wages and shall not reduce the amount awarded to the judgment creditor under the subject order, decree, or judgment;

(2) Replacing the terms "plaintiff" and "defendant" with "judgment creditor" and "judgment debtor" to more clearly identify the parties involved; and

(3) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1773, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1773, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair