Report Title:

Civil Process Servers

 

Description:

Requires the LRB to study and make recommendations to the legislature regarding civil process server duties, credentials, training, liability and other issues. (CD1)

 

THE SENATE

S.B. NO.

683

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

H.D. 1

C.D. 1

A BILL FOR AN ACT

 

RELATING TO PUBLIC SAFETY.

 

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

SECTION 1. The legislature finds that civil process servers play an under-appreciated role as they serve subpoenas and other court processes. The legislature further finds that due to questions of identification and legitimacy, individuals encounter confusion and difficulty in serving these documents.

The purpose of this Act is to require a study and recommendations to the legislature regarding:

(1) Civil process server duties;

(2) The proper type of credentials and identification to be issued to people performing these duties;

(3) The amount of training to be required;

(4) The potential for state liability; and

(5) Other related issues.

SECTION 2. The legislative reference bureau shall conduct a study regarding the deputy sheriff and process server system to determine:

(1) The appropriate roles of the uniformed deputy sheriffs, the deputy sheriffs of the civil section, and those people authorized by the judiciary to serve civil processes;

(2) The proper forms of identification and badges issued for the different classes of process servers and deputy sheriffs, in comparison to other jurisdictions in other states;

(3) The training that is currently required, and should be required, of those individuals desiring to be identified as deputy sheriffs of the civil section;

(4) The most prudent way to address the concerns of liability to the State arising from the actions of process servers;

(5) Whether the civil process is a necessary or appropriate government function; and

(6) Other matters concerning the serving of civil processes that may be identified by the bureau.

For purposes of the study, the legislative reference bureau

shall consult with the director of public safety or designee, chief justice of the Hawaii supreme court or designee, the attorney general or designee, a representative from the Hawaii deputy sheriffs association, and the president of the Hawaii bar association or designee.

The department of public safety, the supreme court, and the attorney general shall each designate a contact person who is authorized to speak on its behalf on any questions or issues raised by the legislative reference bureau concerning the study. The legislative reference bureau may presume that any statements made or information presented by any contact person constitutes an official position of the respective agency.

The Hawaii deputy sheriffs association and the Hawaii state bar association are requested to each designate a contact person authorized to speak on its behalf. The legislative reference bureau may presume that statements made by the contact person constitutes the official position of the entity.

The legislative reference bureau shall submit a report to the legislature not less than twenty days prior to the convening of the regular session of 2002 on findings and recommendations.

SECTION 3. This Act shall take effect upon its approval.