Report Title:

Hawaii Civil Process Servers

Description:

Creates the office of civil process and a commission to oversee the functions of civil process servers and civil court officers; prescribes qualifications of civil process servers and civil court officers.

THE SENATE

S.B. NO.

2400

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PROCESS SERVERS.

 

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

SECTION 1. Chapter 634D, Hawaii Revised Statutes, relating to service of process, was repealed by Act 9, Session Laws of Hawaii 1994, in favor of delegating the matter to the Hawaii rules of civil procedure. The legislature finds that the repeal has resulted in an unforeseeable and unintended vacuum in the regulation of civil process servers, who are currently administratively attached to the department of public safety. The legislature further finds that professional standards are necessary because process serving has become a dangerous undertaking in many instances, and requires a minimum level of skill and knowledge.

The purpose of this Act is to restore the regulation of civil process servers, including court officers, and prescribe standards of qualification and performance.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

HAWAII CIVIL PROCESS SERVERS

§ -1 Service of civil process; where made. Service of civil process shall be made:

(1) Anywhere in the State by a civil court officer;

(2) Anywhere in the State by a private process server;

(3) By any other person specially appointed by the court for that purpose; or

(4) By any person who is not a party to the action, and is not less than eighteen years of age.

§ -2 Service of subpoenas. A subpoena may be served:

(1) In the State by the sheriff or deputy sheriff, civil court officer, or private process server;

(2) In any county by the chief of police or duly authorized subordinate of that county; and

(3) By any other person who is not a party to the action related to the document being served and is not less than eighteen years of age.

§ -3 Service of writs and other orders. A writ of execution, writ of replevin, writ of possession, writ of attachment, and other civil court orders may be served anywhere in the State by a civil court officer or by a licensed private investigator.

§ -4 Private process servers; certificate of registration. (a) A natural person who makes more that ten services of process within this State during one calendar year, for specific compensation or in expectation of specific compensation, where such compensation is directly attributable to the service of process, shall file and maintain a verified certificate of registration as a process server with the office of civil process commission.

(b) A corporation or partnership that derives or expects to derive compensation from service of process with this State shall file and maintain a verified certificate of registration as a process server with the office of civil process commission.

§ -5 Private process servers; certificate; identification. (a) A private process server shall have been granted a certificate of registration by the office of civil process commission to act as a process server.

(b) To be granted a certificate of registration, a person shall:

(1) Be a citizen of the United States;

(2) Have earned a high school diploma or equivalent;

(3) Be at least twenty-one years of age;

(4) Possess a valid driver’s license;

(5) Qualify to be bonded;

(6) Have no felony convictions;

(7) Have knowledge and application of the Hawaii rules of civil procedures, as demonstrated by passing a twenty-five question examination;

(8) Be registered with the office of civil process commission, including being current with payment of an annual registration fee of $100; and

(9) Be bonded for not less that $25,000, proof of which shall be filed with the office of civil process commission.

(c) A holder of a certificate of registration shall be issued a private process server photograph identification card. The photograph identification card shall be worn during service of process.

§ -6 Civil court officers. (a) Any person that is a certified civil deputy in the department of public safety, civil branch and is listed with the judiciary as a civil deputy as of November 1, 2001, shall be recognized as a civil court officer. The person shall register with the office of civil process commission and be assessed an annual registration fee of $100.

(b) A person holding a certificate of registration as a private process server may qualify to become a civil court officer by meeting the following requirements:

(1) Demonstrate knowledge of state statutes relating to service of process, writ of execution, writ of possession, exempt property, writ of replevin, writ of attachment, etc.;

(2) Have served as apprentice with a professional enforcement process server trainer for a period determined by office of civil process commission. The trainer shall be liable for the apprentice’s actions during apprenticeship; and

(3) Pass a written examination prepared by the office of civil process commission, after the trainer verifies that the candidate is ready to take the examination.

(c) All candidates that meet the requirements under subsections (a) and (b) shall be issued a certificate of registration and a civil court officer badge and identification card.

§ -7 Office of civil process commission. (a) There is established an office of civil process commission placed in the judiciary for administrative purposes to carry out the duties of this chapter.

(b) The office of civil process commission shall have an administrator, appointed by the chief justice, and a clerk and an investigator hired by the administrator.

(c) The civil process commission shall have three commissioners, to be appointed in accordance with section 26-34, from nominees submitted to the governor, as follows:

(1) One commissioner to be nominated by the Hawaii State Bar Association;

(2) One commissioner to be nominated by the judiciary; and

(3) One commissioner to be nominated by the Hawaii Deputy Sheriffs Association.

(d) The civil process commission shall:

(1) Administer the certificate of registration for private process server and civil court officer, issue badges, collect fees, administer written examinations, and keep on file all bonds from process servers;

(2) Investigate all notarized complaints;

(3) Meet monthly and review operations and complaints; provided that a hearing on a complaint shall be conducted as needed;

(4) Enforce standards of conduct, including suspensions and termination from serving process in the State of Hawaii.

(e) Monthly reports for operations and collection of fees shall be made to the commission by each holder of a certificate of registration for private process server.

§ -8 Surcharge on service. There shall be a surcharge of $1 on each civil document filed in the circuit and district court. The judiciary shall collect the surcharge upon filing of any document requiring service of process. Moneys collected shall be placed in a separate account by the judiciary for the expenses of the office of civil process commission.

§ -9 Standards of conduct. The commissioners of the office of civil process commission shall adopt rules in accordance with chapter 91 to specify the standards of conduct for process servers in the performance of their duties, including skills and knowledge, professionalism, and ethics.

§ -10 Applicability of chapter. This chapter shall not apply to:

(1) Any sheriff, police officer, or government employee acting within the course and scope of employment;

(2) An attorney, or an employee of an attorney acting on behalf of the attorney;

(3) Any person that is specifically appointed by the court to serve process; and

(4) A person licensed as a private investigator under chapter 463, or an employee acting on behalf of the private investigator."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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