STAND. COM. REP. NO.  261-14

Honolulu, Hawaii

                , 2014

RE:   H.B. No. 2241

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 2241 entitled:

"A BILL FOR AN ACT RELATING TO PRODUCTION OF RECORDS,"

begs leave to report as follows:

The purpose of this measure is to clarify the scope of Hawaii's statute relating to the service of criminal process issued by another state upon a Hawaii recipient.

     Specifically, this measure:

(1)  Makes the provision requiring Hawaii recipients to respond to out of state process inapplicable to local government agencies;

(2)  Limits the scope of criminal process to the production of records;

(3)  Adds conditions, such as a nexus between the issuing state and the person or business in this State, that must be met before a Hawaii recipient must respond to out of state process; and

(4)  Makes other clarifying amendments.

The Department of the Attorney General and the Honolulu Police Department provided testimony in support of the measure.

     Your Committee finds that this measure is necessary to ensure that the obligation to respond to out of state process is a reciprocal one.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2241 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

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

____________________________

ANGUS L.K. McKELVEY, Chair