STAND. COM. REP. NO.2270

Honolulu, Hawaii

, 2002

RE: S.B. No. 2409

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 2409 entitled:

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

begs leave to report as follows:

The purpose of this measure is to require civil process servers to wear identification badges and to carry a wallet-sized identification card while serving civil documents.

Your Committee received testimony in support of this measure from the Department of Public Safety and the Hawaii Deputy Sheriff's Association. Testimony in opposition to this measure was submitted by the Judiciary, Credit Associates of Maui, Ltd., Nationwide Commercial Collections, Kauai Credit Adjusters, Ltd., State Wide Collections, Doctors Business Bureau, Collection Agency of Hawaii, Inc., Honolulu Information Service, Process Servers Exclusive, Reliable Process Service, and nearly 80 concerned citizens.

Your Committee finds that process servers operate in a quasi-judicial role by acting as officers of the court while serving official documents. In addition, it is difficult for the public to determine whether a person approaching them with official-looking documents is legitimately serving civil process or is an impostor. Therefore, your Committee finds that it is appropriate to require civil process servers to carry adequate identification.

Your Committee made technical, nonsubstantive amendments to this measure for clarity and accuracy.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2409, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2409, S.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs and Government Operations,

____________________________

CAL KAWAMOTO, Chair