HB766

HOUSE OF REPRESENTATIVES	H.B. NO.	766
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SERVICE IN NON-CRIMINAL PROCEEDINGS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to amend the procedure for giving of notice or service of legal process in certain civil proceedings in the district, circuit, and family courts and in administrative proceedings by allowing documents to be served upon parties by electronic mail and increase the time within which a party may or must act after being served by mail to five days.

SECTION 2. Section 1-28, Hawaii Revised Statutes, is amended to read as follows:

"§1-28 Service of notice by mail[.] or electronic mail. (a) Wherever a state statute provides for the giving of notice or service of legal process by registered mail the sending of such notice or service of such legal process may be made by means of:

(1) Registered mail, return receipt requested and deliver to addressee only;

(2) [~~certified~~] Certified mail, return receipt requested and deliver to addressee only[.]; or

(3) Electronic mail, delivery receipt requested, except as provided in subsections (c) and (d).

(b) Unless prohibited or restricted by an order of the court or federal law, service by electronic mail shall be an acceptable method to give notice or serve legal process for civil proceedings before the circuit, district, and family courts and for administrative proceedings before an administrative law judge, hearings officer, or commission, except as provided in subsections (c) and (d).

(1) Appellate proceedings;

(2) Criminal proceedings;

(3) Citations for violation of traffic laws;

(4) Arbitration proceedings;

(5) Eminent domain proceedings pursuant to chapter 101;

(6) Involuntary hospitalization proceedings pursuant to chapter 334;

(7) Involuntary medical treatment proceedings pursuant to chapter 353; and

(8) Government agencies to give notice of an administrative pronouncement, ruling, regulatory procedure, regulation, or order, including any announcement of intent to issue or adopt an administrative pronouncement, ruling, regulatory procedure, or regulation;

unless electronic mail is explicitly allowed as a method of service in the statute under which service is completed.

(d) Service of a complaint and summons shall not be completed by electronic mail, unless service by electronic mail is explicitly authorized for the commencement of a civil action in the statute under which service is completed.

(e) Service by registered mail or certified mail is complete upon the time identified in the applicable statute providing for the giving of notice or service of legal process by registered mail. If the statute does not specify when service by mail is complete, service is deemed complete upon deposit in the mail, postage prepaid, and addressed to the receiving party's last known address.

(f) Service by electronic mail is complete upon transmission of the electronic mail between the hours of 8:00 a.m. and 5:00 p.m. on a business day and the return to the sender of a delivery receipt by the intended electronic mail service provider. Service by electronic mail that occurs after 5:00 p.m. shall be deemed to have occurred on the next business day.

(g) Whenever a notice or paper is served upon a party by registered mail or certified mail and the party has the right or is required to do some act or take some proceedings within a prescribed period after the service of the notice or other paper upon the party, the time prescribed by the Hawaii rules of civil procedure or the statute requiring the party to do some act or take some proceedings shall be extended by the greater of five days or the number of days specified in the statute or Hawaii rules of civil procedure for the provision of additional time after service by mail. No additional time shall be provided under this subsection when a notice or paper is served upon a party by electronic mail."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________