STAND. COM. REP. NO.  757

 

Honolulu, Hawaii

                , 2021

 

RE:   H.B. No. 1036

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1036 entitled:

 

"A BILL FOR AN ACT A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Specify the persons authorized to serve civil legal process;

 

     (2)  Mandate the Department of Public Safety to maintain a list of independent civil process servers; and

 

     (3)  Shield the State and the Department of Public Safety from liability arising from the acts of independent civil process servers.

 

     Your Committee received testimony in support of this measure from the Collection Law Section of the Hawaii State Bar Association.  Your Committee received comments on this measure form the Department of Public Safety.

 

     Your Committee finds that Act 116, Session Laws of Hawaii 2013 (Act 116), which clarified the service of process in the State, was repealed on June 30, 2020.  This measure will reimplement the substantive provisions of Act 116 to ensure the efficiency and fairness of the service of process in Hawaii.

 

     Your Committee has amended this measure by making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1036, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1036, H.D. 1, and be placed on the calendar for Third Reading.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair