STAND. COM. REP. NO. 1208

Honolulu, Hawaii

RE:    H.B. No. 1130

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1130, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to repeal the sunset date of Act 158, Session Laws of Hawaii 2009, thereby making permanent the requirement that cooperative housing developments, condominium associations, and planned community associations establish an access policy for civil process servers.

     Your Committee finds that in the two years since the enactment of Act 158, it has successfully assisted in the service of process on residents of community associations thereby reducing legal costs and improving notice as servers no longer have to wait for hours outside of limited-access properties or notice by publication when the residents cannot be reached.  Your Committee further finds that Act 158 affords community associations autonomy to make their own rules regarding access for process servers and as a result has yielded no complaints from the associations or their residents during the two years that the Act has been in effect.  This measure will make permanent a law that has been successful in facilitating and streamlining the judicial process.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1130, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair