REPORT TITLE:
Process Servers


DESCRIPTION:
Provides for the registration of process servers.  Allows fees
and mileage for process servers to be included in court costs.
(SB13 HD1)

 
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THE SENATE                              S.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO PROCESS SERVERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 607-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (d) to read as follows:
 
 3      "(d)  [Sheriff's or police officer's fees:] Fees for
 
 4 sheriff, police officer, or process server authorized by rules of
 
 5 court are as follows:
 
 6      (1)  For serving any criminal summons, warrant, attachment,
 
 7           or other criminal process, $20 [effective July 1,
 
 8           1990].
 
 9      (2)  For serving any civil summons, warrant, attachment, or
 
10           other civil process, $15 [effective July 1, 1990].
 
11      (3)  For every copy of an attachment and inventory of the
 
12           property attached, served upon the defendant, $1.50.
 
13      (4)  For serving any execution, 12 cents for every $1
 
14           collected up to $50, and 7 cents for every $1 over $50.
 
15      (5)  For serving subpoena or garnishee summons, $10.
 
16      (6)  For [every mile of travel, more than one, in serving
 
17           any process,] necessary travel in making the service,
 
18           per mile for every mile more than one, 35 cents;
 
19           provided that (A) no allowance shall be made where the
 

 
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                                     S.B. NO.           H.D. 1
                                                        
                                                        


 1           [serving officer] server uses a conveyance furnished
 
 2           [the serving officer] by the State[,] or any political
 
 3           or municipal subdivision thereof; (B) [where the 
 
 4           serving officer serves] if more than one person is
 
 5           served in the course of one trip, the [serving officer]
 
 6           server shall not charge, in the aggregate for all
 
 7           services, more than the mileage for the entire trip;
 
 8           and (C) as far as practicable, [in order to minimize
 
 9           the mileage fees for the service, the sheriff or other
 
10           chief of the serving officers, where] if service of
 
11           process is [to be made upon] required on an island
 
12           other than [that upon which is situated the court
 
13           issuing the process, shall cause the process to be
 
14           transmitted] the island where the process originated,
 
15           the sheriff, chief of the serving officers, or server
 
16           authorized by rule of court shall transmit the process
 
17           to a deputy, [the] chief of police, [or] other serving
 
18           officer, or server authorized by rule of court [upon]
 
19           on the island of service, who shall make the service
 
20           upon receipt of the process[; and the service shall be
 
21           valid], notwithstanding that the process may not be
 
22           addressed to the [officer] server actually making the
 

 
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                                     S.B. NO.           H.D. 1
                                                        
                                                        


 1           service or to the [officer's] server's superior."
 
 2      SECTION 2.  Section 607-8, Hawaii Revised Statutes, is
 
 3 amended by amending its title and subsection (a) to read as
 
 4 follows:
 
 5      "§607-8 [Sheriff's or serving or levying officer's
 
 6 fees] Fees for sheriff, serving or levying officer, or
 
 7 process server authorized by rules of court in circuit
 
 8 court, intermediate appellate court, or supreme court.(a)  For
 
 9 all necessary travel in making the service, per mile for every
 
10 mile more than one........................35 cents provided that:
 
11      (1)  No allowance shall be made where the [serving officer]
 
12           server uses a conveyance furnished [the serving
 
13           officer] by the State[,] or any political or municipal
 
14           subdivision thereof;
 
15      (2)  Where the [serving officer] server serves more than one
 
16           person in the course of one trip, the [serving officer]
 
17           server shall not charge, in the aggregate for all
 
18           services more than the mileage for the entire trip; and
 
19      (3)  As far as practicable, [in order to minimize the
 
20           mileage fees for the service, the sheriff or other
 
21           chief of the serving officers, where] if service of
 
22           process is [to be made upon] required on an island
 

 
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                                     S.B. NO.           H.D. 1
                                                        
                                                        


 1           other than [that upon which is situated the court
 
 2           issuing the process, shall cause the process to be
 
 3           transmitted] the island where the process originated,
 
 4           the sheriff, chief of the serving officer, or server
 
 5           authorized by rules of court shall transmit the process
 
 6           to a deputy, [the] chief of police, [or] other serving
 
 7           officer, or server authorized by rules of court [upon]
 
 8           on the island of service who shall make the service
 
 9           upon receipt of the process[; and the service shall be
 
10           valid], notwithstanding that the process may not be
 
11           addressed to the [officer] server actually making the
 
12           service or to the [officer's] server's superior.
 
13      For serving criminal summons or any other criminal
 
14 process except a subpoena, for each person served
 
15 therewith...........................$20 [effective July 1, 1990].
 
16      For serving civil summons or any other civil process,
 
17 except a subpoena or a garnishee summons, for each person
 
18 served therewith....................$15 [effective July 1, 1990].
 
19      For serving subpoena or garnishee summons, for each
 
20 person.......................................................$10.
 
21      For returning as unserved after due and diligent search any
 
22 process when it has been found that the person to be served has
 

 
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                                     S.B. NO.           H.D. 1
                                                        
                                                        


 1 left the State................................................$2.
 
 2      For serving any execution or other process for the
 
 3 collection of money, for every dollar collected up to
 
 4 $500 ....................................................5 cents.
 
 5      And for every dollar over $500..................2-1/2 cents.
 
 6      All fees paid to any printer for publishing an advertisement
 
 7 of the sale of any property.
 
 8      For every bill of sale...................................$1.
 
 9      For executing and acknowledging a deed pursuant to a sale
 
10 of real estate to be paid by the grantee in the deed..........$5.
 
11      For drawing any bond required by law.....................$1.
 
12      For serving writ of possession or restitution, putting any
 
13 person entitled into the possession of premises, and removing a
 
14 tenant pursuant to order of court.............................$1.
 
15      Together with all necessary expenses incurred by the officer
 
16 serving the writ, incident to the eviction.
 
17      For selling any property on an order from the court other
 
18 than an execution, the same allowance as for service and sales by
 
19 execution.
 
20      The fees for service of executions, attachments, and
 
21 collection of judgments, together with all costs incurred after
 
22 judgment rendered, not included in the judgment, in all courts of
 

 
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                                     S.B. NO.           H.D. 1
                                                        
                                                        


 1 the State, shall be collected in addition to the sum directed to
 
 2 be levied and collected in the writ."
 
 3      SECTION 3.  Chapter 634, Hawaii Revised Statutes, is amended
 
 4 as follows:
 
 5      1.  By adding a new part to be appropriately designated and
 
 6 to read:
 
 7             "PART .  REGISTRATION OF PROCESS SERVERS
 
 8      §634-A Definitions.  As used in this part:
 
 9      "Notice" includes all papers and orders (except process)
 
10 required to be served in any proceeding before any court, board,
 
11 or officer, or required by law to be served independently of such
 
12 proceeding.
 
13      "Process" includes all writs, warrants, summonses, and
 
14 orders of courts of justice or judicial officers.
 
15      §634-B Registered process servers.(a)  Any person who
 
16 makes more than ten services of process within this State during
 
17 one calendar year shall file a verified certificate of
 
18 registration as a process server with the clerk of the district
 
19 court of the judicial circuit in which the person resides or has
 
20 the person's principal place of business.
 
21      (b)  This part does not apply to:
 
22      (a)  A sheriff or other government employee who is acting in
 

 
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 1           the court of employment; or
 
 2      (2)  A licensed attorney.
 
 3      §634-C Contents of registration certificate.  The
 
 4 certificate of registration of a process server shall contain the
 
 5 following statements:
 
 6      (1)  The name, age, address, and telephone number of the
 
 7           registrant;
 
 8      (2)  That the registrant has not been convicted of a felony;
 
 9      (3)  That the registrant has been a resident of this State
 
10           for a period of one year immediately preceding the
 
11           filing of the certificate; and
 
12      (4)  That the registrant will perform the registrant's
 
13           duties as a process server in compliance with the
 
14           provisions of law governing the service of process in
 
15           this State.
 
16      §634-D Fee; duration of certificate.(a)  A certificate of
 
17 registration as a process server shall be accompanied by a fee of
 
18 $100 at the time the certificate is filed.  The fee shall be
 
19 deposited with the clerk of the district court of the judicial
 
20 circuit in which the process server resides or has a principal
 
21 place of business.
 
22      (b)  A certificate of registration is effective for a period
 

 
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                                     S.B. NO.           H.D. 1
                                                        
                                                        


 1 of two years from the date of filing.  A new certificate shall be
 
 2 filed upon expiration of a certificate and a new registration fee
 
 3 shall accompany the new certificate.
 
 4      §634-E Handbook for process servers.(a)  The supreme
 
 5 court shall publish a handbook for process servers.
 
 6      (b)  Each person who applies to the clerk of the district
 
 7 court of any judicial circuit for registration as a process
 
 8 server shall demonstrate that the person has passed an
 
 9 examination based on the handbook and administered by the supreme
 
10 court.
 
11      (c)  The supreme court may charge a reasonable examination
 
12 fee to cover the costs of publishing the handbook and
 
13 administering the examination provided for in this section.
 
14      §634-F List of process servers; identification.(a)  The
 
15 clerk of the district court shall maintain a list of all process
 
16 servers registered in that judicial circuit.  The clerk of the
 
17 district court shall assign a number to each registered process
 
18 server.  Upon renewal of a certificate of registration, the same
 
19 number may be assigned.
 
20      (b)  During the course of serving process, a registered
 
21 process server shall have in possession an identification card
 
22 with the number assigned under subsection (a) and a photograph of
 

 
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                                     S.B. NO.           H.D. 1
                                                        
                                                        


 1 the registered process server.  The clerk of the district court
 
 2 shall furnish the identification card, the cost of which must be
 
 3 reimbursed by the process server.
 
 4      §634-G Revocation or suspension of certificate.(a)  A
 
 5 certificate of registration of a registered process server may be
 
 6 revoked or suspended by the county attorney of the county of
 
 7 registration whenever the registrant makes a service of process
 
 8 not complying the the law.
 
 9      (b)  The county attorney may conduct an investigation
 
10 concerning the revocation or suspension of a certificate based on
 
11 the complaint of a person alleging injury caused by improper
 
12 service of process by the registrant.
 
13      (c)  The county attorney shall notify the clerk of the
 
14 district court when a certificate of registration is suspended,
 
15 revoked, or reinstated.
 
16      §634-H Proof of service; requirements.  A proof of service
 
17 of process signed by a registered process server shall indicate
 
18 the judicial circuit in which the process server is registered
 
19 and the number assigned to that person under section 634-F.
 
20      §634-I Bond required.  The clerk of the district court may
 
21 not accept a certificate of registration as a process server
 
22 unless the certificate is accompanied by a surety bond of $10,000
 

 
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                                     S.B. NO.           H.D. 1
                                                        
                                                        


 1 per individual or $100,000 per firm, conditioned upon compliance
 
 2 with this part and all laws governing service of process in this
 
 3 State.
 
 4      §634-J Action on bond.(a)  Any person who recovers
 
 5 damages for an injury caused by a service of process, made by a
 
 6 registered process server, that did not comply with the law
 
 7 governing service of process in this State may recover the amount
 
 8 of damages from the bond required under section 634-I.
 
 9      (b)  If there has been recovery against a registered process
 
10 server's bond, the registrant shall file a new bond within thirty
 
11 days or reinstate the bond.  If the bond has not been reinstated
 
12 or filed within thirty days, the county attorney shall revoke the
 
13 registrant's certificate."
 
14      2.  By amending section 634-21 to read as follows:
 
15      "§634-21  Service of process, by whom.  Except as otherwise
 
16 provided, service of all process and orders shall be made by
 
17 [the]:
 
18      (1)  A registered process server as provided in part    ;
 
19      (2)  The sheriff or the sheriff's deputy[, the]:
 
20      (3)  The chief of police of the county in which the service
 
21           is made or the chief's duly authorized subordinate[,
 
22           some];
 

 
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 1      (4)  Some other person specially appointed by the court for
 
 2           the purpose[, any];
 
 3      (5)  Any investigator appointed and commissioned by the
 
 4           director of commerce and consumer affairs pursuant to
 
 5           section 26-9(j)[,]; or [a]
 
 6      (6)  A person authorized by the rules of court."
 
 7      SECTION 4.  In codifying the new part added to chapter 634,
 
 8 Hawaii Revised Statutes, by section 3(1) of this Act, the revisor
 
 9 of statutes shall substitute appropriate section numbers for the
 
10 letters used in the designation of new sections in that part.
 
11      SECTION 5.  There is appropriated out of the general
 
12 revenues of the State of Hawaii the following sums, or so much
 
13 thereof as may be necessary for fiscal year 2000-2001, to assist
 
14 the counties in implementing this Act:
 
15      City and county of Honolulu                       $         
 
16      County of Kauai                                   $         
 
17      County of Maui                                    $         
 
18      County of Hawaii                                  $         
 
19           Total                                        $         
 
20      The sums appropriated shall constitute the State's share of
 
21 the cost of mandated programs under Article VIII, section 5, of
 
22 the State Constitution.
 

 
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 1      SECTION 6. Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 7.  This Act shall take effect upon its approval;
 
 4 provided that section 5 shall take effect on July 1, 2000.
 

 
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