Bill Text: HI HB951 | 2013 | Regular Session | Amended

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Bill Title: Department of Public Safety; Judiciary; Service of Process

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-18 - Act 116, 6/14/2013 (Gov. Msg. No. 1216). [HB951 Detail]

Download: Hawaii-2013-HB951-Amended.html

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STAND. COM. REP. NO. 890

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 951

       H.D. 1

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred H.B. No. 951, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE SERVICE OF PROCESS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Authorize the Director of Public Safety to maintain a list of independent process servers; and

 

     (2)  Update various sections of the Hawaii Revised Statutes to clarify that law enforcement officers and independent civil process servers may serve certain types of legal process.

 

     Your Committee received testimony in support of this measure from the Department of Public Safety; Judiciary, State of Hawaii; Collection Law Section, Hawaii State Bar Association; Pyramid Process; and three individuals.  Your Committee received comments on this measure from the Department of the Attorney General.

 

     Your Committee finds that there have been difficulties in identifying process servers and obtaining their services in Hawaii.  The unavailability of those services has resulted in an increased reliance on Deputy Sheriffs to issue service of process, who are already understaffed, which causes delays for serving process.  Your Committee finds that, in the interest of efficiency and fairness, the Director of Public Safety must make a list of eligible process servers in the State available to the public as soon as possible.

 

     Your Committee has amended this measure by:

 

     (1)  Making the provision of the list of independent process servers by the Director of Public Safety mandatory, rather than discretionary; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 951, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 951, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,

 

		____________________________ WILL ESPERO, Chair