Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 683, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill as received is to require that all civil process servers, designated as deputy sheriffs, carry identification cards and wear badges that identify them as deputy sheriffs.

Your Committee received testimony in support of this measure from the Hawaii Deputy Sheriffs Association and numerous concerned individuals and deputy sheriffs. Your Committee received testimony in opposition to this measure from the Department of Public Safety.

Your Committee finds that the situation this measure intends to remedy is worthy of further scrutiny. The serving of civil processes is a necessary function for the efficient operation of the judicial system. However, due to the wide array of civil process documents to be served, your Committee is reluctant to simply take the existing situation and provide badges to deputy sheriffs without first taking a careful look at the effects, benefits, and drawbacks of that course of action.

Your Committee further finds that there is a legitimate concern for the safety and legitimacy of deputy sheriffs attempting to serve civil processes. However, issuing badges to these deputies possibly raises questions regarding liability for the State. Further complicating the situation is the current practice for civil process documents to refer to police officers and sheriffs when, in fact, they have a very limited role in serving the documents. The judiciary allows anyone over the age of 18 to serve civil processes. Deputy sheriffs of the civil section receive 40 hours of training, whereas uniformed deputy sheriffs attend a four-month law enforcement recruit training. Clearly, the ability and training of these groups vary over a wide range, yet the existing law is silent on allocating the civil process work among them.

Therefore, upon further consideration, your Committee has amended this bill by:

As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 683, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 683, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.