STAND. COM. REP. NO. 995
RE: H.B. No. 87
Honorable Donna Mercado Kim
President of the Senate
Twenty-Eighth State Legislature
Regular Session of 2015
State of Hawaii
Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred H.B. No. 87 entitled:
"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"
begs leave to report as follows:
The purpose and intent of this measure is to exempt process servers who enter or remain in or upon the premises or land of another for the purpose of making a good faith attempt to serve process upon certain individuals from the offenses of criminal trespass in the first and second degrees.
Your Committee received testimony in support of this measure from the Department of Public Safety.
Your Committee finds that process servers are an important part of the judicial process. Oftentimes, there is a need for a process server to enter or remain in or upon the premises of another for the purpose of making a good faith attempt to serve process upon certain individuals.
Your Committee further finds that additional process server requirements improve the quality of civil process servers without placing an undue burden on individuals who seek to be included on the Director of Public Safety's list of qualified civil process servers.
Accordingly, your Committee has amended this measure by:
(1) Requiring independent civil process servers to meet additional requirements in order to be placed on the Director of Public Safety's list of qualified civil process servers;
(2) Making permanent Act 116, Session Laws of Hawaii 2013, relating to persons authorized to serve legal process;
(3) Inserting an effective date of June 29, 2015; and
(4) 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. 87, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 87, 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