Compiled and Edited by ALAN H. CROWE NAPPS Administrator
ARIZONA HB 2272 (Chase) - Process Servers. Would amend Sec. 13-1502 of Arizona Revised
Statutes pertaining to criminal trespass in the third degree by adding the following language:
“ It is a defense to a prosecution pursuant to subsection A. Paragraph 1 if the person is
authorized by law to serve legal process and enters on the property to serve or attempt to serve
legal process and the property was not fenced with a locked gate or entryway.” And would amend
Sec. 13-1503 pertaining to criminal trespass in the second degree as follows: “It is a defense
to a prosecution pursuant to subsection A if the person is authorized by law to serve legal
process and enters in or on the structure or yard to serve or attempt to server legal process
and the area of the structure or yard is open to members of the public, including a reception
area.” And would amend Sec. 13-2810 to classify anyone who “obstructs or hinders the service of
legal process by a person who is authorized by law to serve legal process” as committing the
offense of Interfering with Judicial Proceedings. Introduced 1/17/02; Ref to Judiciary and to
Rules.
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. This bill is sponsored by the California
Association of Photocopiers and Process Servers (CAPPS). Introduced 2/21/02; Ref to Judiciary
3/14/02; From Judiciary with Do Pass; Passed House 4/8/02 by vote 75-0; To Senate Judiciary
4/15/02.
SB 1775 (Ortiz) - DMV Records. This bill extends the list of individuals who may ask the
DMV to keep their home addresses as confidential information. Currently there are 24 classes of
individuals/groups whose home addresses are not accessible to registered process servers. This
new class would consist of “any code enforcement officer, defined as any regular employee of a
city, county, city and county, or district agency vested with authority to enforce health,
safety, and welfare requirements, and whose duties include enforcement of state or local codes
and regulations...” Introduced 2/21/02; To Public Safety Comm; set for hearing 4/6/02 but
postponed to 4/30/02 and then postponed again pending suspension of rules.
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. Session ended 4/30/02.
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. Session
ended 4/30/02.
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. Introduced
1/18/02; Passed Senate on third reading 3/5/02; In House 3/12/02. Session ended 4/30/02.
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 in 2002.
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; Passed Senate as amended 3/28/02; back and forth for concurrence;
Re-engrossed by House 5/16/02.
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; requires PI to have $250,000
general liability coverage; prohibits issuing license to a person who works less than 350 hours
per year under direction of PI.. Introduced 1/25/02; Enrolled 4/2/02 and ***Signed by Governor
4/9/02***
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; Reported favorably with substitute 5/16/02.
NEW YORK AB 232 (Kaufman) (same as SB 1466-Valella) - 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 1/3/01; Carried over to 2002; Referred
to Codes 1/9/02. Passed Assembly 4/15/02; In Senate Codes as of 5/18/02.
SB 4352 (Hannon) - (Same as AB 3952-Morelle) - Internet. Would add new Sec. 395-C to
General Business Law requiring every business organized in NY state or doing business in NY
state, which engage in the sale or lease of goods or services via the Internet, to provide
certain information on its website including the name and address of its agent for the service
of process; prohibits any company doing business with residents of NY state from designating
the laws of any other jurisdiction to govern disputes with NY residents. Introduced 2/5/01; Ref
to Consumer Protection 4/11/01; Ref to Consumer Protection 1/9/02; Ordered to third reading
5/7/02.
TENNESSEE HB 560 (Boyer)-(same as SB 833-Burchett) - 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. Still in Judiciary as of 5/18/02.
HB 2570 (Buck)-(same as SB 2413-Haynes) - Process Servers. Would amend Section 16-15-901
of Tennessee Code to add the following language for services in general sessions court: “A civil
warrant, writ, or other papers may be served by any person who is not a party and is not less
than 18 years of age. The process server must be identified by name and address on the return.”
Under existing Tennessee Law, anyone over the age of 18 may serve circuit court papers,
however, the sheriff has total control over the appointment/licensing of persons who serve
general sessions court papers. Fiscal note makes some interesting estimates, i.e. that sheriffs'
offices in Tennessee collect over $11 million in fees from serving process, with 75% of this
coming from process served out of general sessions court, and that the sheriff will experience a
net decrease in revenues in excess of $2 million. The Tennessee State Association (TAPPS) is
also supporting this bill. Introduced 1/23/02; Passed House 5/8/02 by vote of 91-0; In Senate
5/15/02.
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. ***Signed by
Governor 4/1/02***
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. ***Signed by Governor 3/27/02***
