STAND. COM. REP. NO. 2829

Honolulu, Hawaii

RE:    H.B. No. 2721

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 2721, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COURT REPORTERS,"

begs leave to report as follows:

     The purpose of this measure is to authorize certified shorthand reporters to administer oaths and affirmations in the performance of their duties as deposition officers without the necessity of being notaries public.

     Testimony in support of the measure was submitted by one private organization and eleven individuals.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

     Your Committee finds that currently, court rules provide that no person may take oral depositions for use in the courts of Hawaii, unless the person possesses a certificate as a Hawaii certified shorthand reporter issued by the Supreme Court through the Hawaii Board of Certified Shorthand Reporters.  However, a shorthand reporter cannot administer the oath prior to taking an oral deposition outside a court unless the shorthand reporter is also a notary public.  Your Committee believes that this is unnecessarily redundant and burdensome on shorthand reporters.

     Your Committee has amended this measure by:

     (1)  Deleting the reference in the measure to a specific court rule, because there are other analogous court rules governing persons before whom depositions may be taken, such as within the Hawai‘i Family Court Rules and the District Court Rules of Civil Procedure, for example; and

     (2)  Making the measure effective upon its approval.

     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. 2721, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2721, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

BRIAN T. TANIGUCHI, Chair