STAND. COM. REP. NO. 1062
RE: H.B. No. 1036
Honorable Ronald D. Kouchi
President of the Senate
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred H.B. No. 1036, H.D. 1, entitled:
"A BILL FOR AN ACT A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Authorize the Department of Public Safety to maintain a list of independent civil process servers; and
(2) Amend appropriate statutes to authorize process servers to serve specific types of legal documents.
Your Committee received testimony in support of this measure from the Department of Public Safety, Hawaii State Bar Association, Collection Law Section of the Hawaii State Bar Association, and one individual. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Judiciary.
Your Committee finds that the sunset provision in Act 101, Session Laws of Hawaii 2015, that went into effect on June 30, 2020, resulted in a repeal of numerous sections of the Hawaii Revised Statutes, which removed express language authorizing process servers to serve specific types of legal documents. This measure updates and reinstates statutory language in order to provide clear guidelines for the limitation of authority, fee schedules, and the specific services provided by process servers who are required to be registered with the Department of Safety.
Your Committee has amended this measure by 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. 1036, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1036, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental, and Military Affairs,
CLARENCE K. NISHIHARA, Chair