Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1001 entitled:

begs leave to report as follows:

The purpose of this measure is to deem service by mail completed in cases where the defendant contrives to avoid service by mail.

Your Committee received testimony in favor of this measure from the Attorney General.

Your Committee finds that State laws regarding service of process by mail has a weakness. Currently, service by certified or registered mail requires a signature from the receiver in order to effectuate a proper service of process. Thus, service by mail can be avoided by simply refusing to provide the signature or declining the mail delivery. This measure establishes a process that will make it more difficult for recipients to contrive to avoid service of process.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1001 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.