STAND. COM. REP. NO. 1337

Honolulu, Hawaii

RE:    H.B. No. 1415

       H.D. 1

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 1415, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SERVICE OF PROCESS,"

begs leave to report as follows:

     The purpose of this measure is to require condominium associations, planned community associations, and cooperative housing corporations to implement a policy to provide entry for a process server. 

     Your Committee finds that service of process is an important component of a fair and efficient civil legal system.  Your Committee further finds that under the current law, an individual living in a condominium, cooperative housing project, or gated community may be able to delay or avoid service of process if entry to the property is restricted.  Your Committee has concerns as to whether this measure strikes a reasonable balance between respect for private property rights and the need to promote efficiency in the judicial process.

     Your Committee has amended this measure by:

     (1)  Requiring cooperative housing corporations and planned community associations to identify in their governing by-laws, rather than in their annual corporate filings, the persons designated to respond to a request for access;

     (2)  Changing the term "process server" to "person authorized to serve civil process" to be consistent with the requirements of section 634-21, Hawaii Revised Statutes, and court rules;

     (3)  Restricting the requirement of establishing an access policy to properties having entries inaccessible to the general public; and

     (4)  Changing the effective date to July 1, 2050 to continue the discussions on this matter.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1415, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1415, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair