STAND. COM. REP. NO. 2612

Honolulu, Hawaii

RE:    S.B. No. 2163

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2163, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SERVICE OF PROCESS,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow the Director of Health to give notice of water pollution and solid waste pollution violations via a posting on a searchable government website when attempts to serve written notice in person and by mail have been unsuccessful.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Department of Planning and Permitting, City and County of Honolulu; Conservation Council for Hawai‘i; Sierra Club of Hawai‘i; and one individual.  Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that personal service of notices of violation are not always successful and publication of notices in daily newspapers can be costly.  By authorizing public notices to be posted on a searchable government website, this measure allows for such notices to be available to the public for an indeterminate time and without cost.

     Your Committee has amended this measure by:

     (1)  Authorizing the Director of Health to provide notice by conspicuously posting a sign on the property, if appropriate; and

     (2)  Inserting an effective date of January 7, 2059, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2163, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2163, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

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GILBERT S.C. KEITH-AGARAN, Chair