Bill Text: HI SB968 | 2013 | Regular Session | Amended

---

Bill Title: Civil Actions; Service by Publication; Newspapers; State Website

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2013-02-08 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB968 Detail]

Download: Hawaii-2013-SB968-Amended.html

---

 

 

STAND. COM. REP. NO. 137

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 968

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 968 entitled:

 

"A BILL FOR AN ACT RELATING TO SERVICE BY PUBLICATION,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to specify the term "general circulation" as it refers to a newspaper for purposes of service by publication in a civil action.

 

     Your Committee received testimony in support of this measure from the Hawaii Financial Services Association, Mortgage Bankers Association of Hawaii, and one individual.

 

     Your Committee finds that the cost for publication of summons has continued to rise in recent years.  These costs are usually passed on to the consumer.  Your Committee further finds that this measure specifies that "general circulation" newspapers must be distributed at least weekly, along with other requirements.  Currently, only daily newspapers are considered by the courts to be of general circulation.  The amendments proposed by this measure will give parties to a lawsuit more inexpensive options when publishing summons.

 

     Your Committee additionally finds that as technology advances and more people have access to the Internet, state agencies and departments will begin to move more toward online documents, notices, and publications.  Your Committee notes that the Department of Commerce and Consumer Affairs has a website for the electronic publication of notices of public sale for foreclosed properties.  The Department's website was created to address some of the issues associated with the rising cost of publishing foreclosure notices, and your Committee concludes that expanding this website to cover electronic service of publication would be an appropriate way to address the rising cost associated with service of publication and increase access to publication of summons.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Permitting a summons for service by publication in a civil action to be published on a state website maintained by the Department of Commerce and Consumer Affairs; and

 

     (2)  Amending the purpose section of this measure for consistency.

 

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 968, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 968, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

 

		____________________________ ROSALYN H. BAKER, Chair