Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 2383 entitled:

begs leave to report as follows:

The purpose of this bill is to allow the assessment of document serving fees served by persons other than sheriffs or police officers.

Testimony in support of this measure was received from Credit Associates of Maui, Ltd., the Doctor's Business Bureau of Hawaii, the Collection Agency of Hawaii, Inc., Kauai Credit Adjusters, Ltd., the Collection Law Section of the Hawaii State Bar Association, Maui Collection Service, Inc., and two concerned individuals. Twelve members of the Hawaii Deputy Sheriffs' Association testified in opposition to this measure.

Your Committee finds that this measure will allow for fairness at the district courts. Currently, individuals serving documents, who are not sheriffs or police officers, have difficulty having their fees assessed by judges who follow a strict reading of existing statute. Opponents of this measure spoke mostly of concerns regarding who may serve the varying types of documents currently served by sheriffs or police officers. However, your Committee finds those concerns are ill-founded, since no amendments to the relevant statutes are included within this measure.

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 H.B. No. 2383 and recommends that it pass Second Reading and be referred to the Committee on Finance.