Compiled and Edited by ALAN H. CROWE NAPPS Administrator
CALIFORNIA AB 2493 (Pacheco) - Process Service. Would prohibit a court, as a condition of
establishing reasonable diligence in serving a defendant, from requiring that a search be
made of public databases-including DMV records-where access to residential addresses is
restricted. Would permit a registered process server to levy more than once under the
same writ of execution, provided the writ is still valid; would delete the existing recoverable
service fee of $1.50 for serving debtor's employer with a writ of execution, and would allow as
a recoverable cost the amount actually incurred in effecting service. Introduced 2/21/02; Ref
to Judiciary 3/14/02.
GEORGIA HB 1065 (Reichert) - Private Investigators. This bill would have amended Section 9-11-4
of the Georgia Code to permit a licensed "private detective" to serve process statewide without
special appointment. Bill was amended on the House Floor to add that the PI must also have been
"appointed as a permanent process server." This legislation, if passed, would virtually
eliminate private process servers in Georgia and make PIs the defacto alternative to the
sheriffs. Paul Tamaroff of Atlanta, a former NAPPS president and lawyer, represented NAPPS in
opposing the bill. This is the second time Mr. Tamaroff has had to single-handedly fight
legislation on this subject. His testimony and masterful briefs defeated it in 2000 and he gave
an encore performance this year. The bill died in the Senate when the session ended 3/22/02.
HAWAII SB 1001 (Grunta) - Service by Mail. Section 634-36 of the Hawaii Revised Statutes provides
that a defendant shall be served personally or by "certified, registered, or express mail,
postage prepaid, with return receipt requested.." This bill would amend that section to
"deem" that service by registered mail be completed where mail is returned because it was
declined or refused by defendant or if the return receipt is signed by a person other
than the defendant. There is a requirement that plaintiff follow up by mailing a copy of the
summons and complaint (first class mail) to the defendant with a notice that case will proceed
and default will be taken unless defendant appears and defends the suit. Provision is provided
whereby defendant can set aside default judgment upon showing that defendant was not at fault
for the declining, refusing or simply not getting the summons and complaint. Introduced 1/23/01.
Passed SENATE 3/6/01. To House Judiciary 3/12/01. Carried over to 2002 Regular Session 7/23/01.
No activity in 2002.
SB 2400 (Tam) - Process Servers. Would create the office of civil process and a commission
to oversee the function of civil process servers. "The purpose of this Act is to restore the
regulation of civil process servers and prescribe standards of qualifications and performance."
Requires registration of all persons who serve more than 10 services in one year for compensation
. Applicants must be 21, a citizen of the US, a high school graduate and be bonded for not less
than $25,000. Applicants must have served as an apprentice with a professional process server
and must pass a written examination along with other requirements. Introduced 1/18/02. Reported
from Judiciary with recommendation of passage 2/15/02.
SB 2409 (Tam) - Process Servers. Would require civil process servers to wear
identification badges and to carry wallet identifications provided by the department of public
safety that designate them as a "deputy sheriff-civil section." Proponents claim members of
public have difficulty determining if process servers approaching them with official-looking
documents are really officers serving civil process or imposters. At hearing on 2/5/02,
testimony opposing bill was introduced from the Judiciary, a host of collection agencies and
credit adjusters, several process servers and approximately 80 concerned citizens.
ILLINOIS HB 3200 (Hoffman) - Waiver of Service. Would amend Chapter 735 of Illinois Compiled
Statutes, section 5/2/201, to provide for a waiver of service of summons, which is patterned
after Rule 4 of the FRCP. Provides that a defendant who fails to comply with request for waiver
will be required to pay the costs incurred in effecting service through other means. Introduced
3/01/01. In Rules and Judiciary committees on 3/16/01. No activity as of 3/22/02.
IOWA SB 2141 (Judiciary) - Civil Process Servers. Provides that sheriffs may appoint civil
process servers for service of all legal process. Appointees shall receive 40 hours of initial
training and 20 hours of annual training as provided by Iowa Sheriffs Association. All costs for
service to be in accordance with statutory fees (currently $10 plus 30? mile). Civil process
servers shall not be considered to be a sheriff or deputy sheriff. It is puzzling why the
sheriffs needed additional staff to do this work since Iowa is a state in which any person who
is not a party may serve process. Introduced 2/7/02; Passed House 3/6/02 and Senate 3/12/02.
***Signed by Governor 3/21/02***
KANSAS HB 2771 (Judiciary) - Process Service. Existing law provides a variety of methods to
serve garnishment process in Kansas, including first class mail, telefacsimile or Internet
electronic mail. This bill would require garnishees to furnish a fax number or an e-mail address
to which garnishment process could be served. In the case of e-mail, service would be complete
upon receipt of a reply generated by the garnishee. The supporters of this bill include the
usual suspects-Two banking associations and the Kansas Credit Attorneys Assn. Introduced 2/5/02;
Passed House 2/26/02; in Senate Judiciary as of 3/22/02.
KENTUCKY SB 139 (Denton) - Private Investigators. Would create a board of licensure for private
investigators. Bill in and out of both houses with numerous amendments. Currently requires one
year experience and 40-hour training course certified by the Board; applicant must have no
convictions involving drugs, alcohol or driving under the influence; must have 2 years
experience to qualify for grandfather provision; exempts from licensing an officer or employee
from another state operating in course and scope of official duty; exempts private investigators
who work exclusively under a licensed attorney's supervision. In Judiciary Committee as of
3/20/02.
MICHIGAN SB 932 (Hoffman) - Private Investigators. Engaging in business as a PI without a license
is a misdemeanor under current Michigan law, with offenders receiving 90 days in jail or
probation and $1,000 fine. This bill would elevate the offense to a Class F Felony with a
statutory maximum of four years' imprisonment and a $5,000 fine. Introduced 1/9/02. Ref to
Judiciary.
NEW YORK SB 1466 (Valella)-(same as AB 232) - Process Service. Permits service of process on the
doorman or concierge of a multiple dwelling where it can be demonstrated that the doorman or
concierge impeded or denied access to the abode of the person to be served. Makes provisions
regarding what constitutes proof of service. Introduced 1/23/01; Carried over to 2002; Referred
to Codes 1/9/02 in Senate and House.
TENNESSEE HB 560 (Boyer)-(same as SB 833) - Process Service Fee. Would amend Section 8-21-901 of
Tennessee Code to establish a minimum fee of $25 for serving any type of process in general
sessions court and a minimum of $40 for serving any type of process in circuit and chancery
court. Fee applies whether process is served or unserved. The Tennessee Association of
Professional Process Servers (TAPPS) is actively supporting this bill and several of its members
testified before the Judiciary Committee. Introduced 2/1/01; Ref to Judiciary 2/7/01; in
subcommittee; back to Judiciary 3/28/01, where bill is held for summer study 5/9/01. Bill
returned to Judiciary 1/16/02.
VIRGINIA HB 456 (Griffith) - Private Investigators. Amends stalking law (§ 18.2-60.3 of Code of
Virginia) to exclude a law enforcement officer....and a registered private investigator...
acting in the course of his legitimate business. Introduced 1/9/02; Passed House 2/6/02 and
Senate 2/25/02. Signed by Speaker and President; Eligible for Governor's desk 3/8/02.
WASHINGTON HB 5369 (Kline) - Process Service. This bill would revise provisions for jurisdiction in
child support matters. It was originally introduced 1/19/01 and then reintroduced 1/14/02.
The Washington State Process Servers Assn (WSPSA) opposed the bill because it would have
authorized delivery by parcel delivery service when serving certain child support
documents. Members Marshal West of Tacoma and Dennis Copeland of Yakima testified in opposition
to the bill. The "parcel delivery" language was subsequently removed from the bill. Passed both
House and Senate. Delivered to Governor 3/14/02.
SB 6513 (Kline) - Process Service. Would permit service on resident defendant involved in
a motor vehicle accident by substitute service upon secretary of state at any time within 3
years following accident. Requires that plaintiff show evidence that defendant cannot, after
due and diligent search, be found within the state. Member Robin Mullins of Bellingham testified
in favor of the bill on behalf of the Washington State Process Servers Assn. Introduced 1/18/02.
Passed Senate 48-0 on 2/15/02; to House Judiciary 2/17/02; Ref back to Senate Rules 3/14/02.
