Compiled and Edited by ALAN H. CROWE NAPPS Administrator
CALIFORNIA AB 761 (Maddox) - Private Investigators. This Bill was sponsored by the California
Association of Licensed Investigators (CALI) as a means of ensuring the competency of
California's more than 9,500 licensed PIs. CALI maintained that the increased number of federal
and state laws pertaining to privacy and the appropriate treatment of personal information
required a high degree of ethical conduct by PIs in their investigatory activities. The measure,
as introduced, required 16 hours of CE for renewal of license. A Senate Amendment, however,
deleted this provision. What remained in the educational portion of the Bill was an admonition
to the bureau to "consider" including in the PI examination questions on the subject of "laws
relating to privacy and professional ethics." ****Signed by the Governor 9/18/01****
AB 1029 (Oropeza) - DMV Records. Existing California law prohibits the disclosure from
DMV records of the home addresses of 21 specified categories of individuals-ranging from the
Attorney General to psychiatric social workers. This Bill adds two additional categories:
(22) any police or sheriff department employee designated by the chief or police or the sheriff
as being in a "sensitive position," and (23) the child or spouse of any person listed in any of
the prior 22 categories. ****Signed by the Governor 10/3/01****
SB 208 (Alpert) - Private Investigators. This measure exempted "human resource
professionals"-independent contractors who investigate allegations of harassment-from the
California PI licensing requirements. It was supported by the Human Resources Association, the
Calif. Chamber of Commerce, the Calif. Retailers Assn, and the LA County DA's office. It was
opposed by an improbable alliance of diverse groups-investigative associations (from Calif., New
York, Georgia, North Carolina and Texas), law enforcement associations (Deputy Sheriff's
Association and Police Officer's Research Assn), professional organizations (United Steel
Workers, NOW, and the So. Calif. Media Guild), and private investigation companies. On 9/19/01
the Enrolled Bill went to Gov. Gray Davis. On 10/12 the Governor VETOED the Bill with this
comment: It is not appropriate to create an exemption from private investigator licensure for
these consultants. Virtually all outside investigations are performed by licensed personnel.
Furthermore, most states require Human Resource consultants to be licensed private investigators.
Finally, this exemption would remove these individuals from state oversight and protectiOn
against consumer harm that accompanies such oversight. For these reasons, I must veto this bill.
Laurels to the California Association of Licensed Investigators (CALI) and to Francine Koehler,
its legislative chair, for their extraordinary achievement in snatching victory from the jaws of
defeat.
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.
SB 684 (Tam) - Process Service Fees. Amends Hawaii Revised Statutes, section 607-4, to
increase sheriffs' fees for serving civil process from $15 to $25, and amends section 607-8 by
increasing mileage from 35 cents to 40 cents per mile. Original Bill was amended to permit
sheriff to agree in advance with person requesting service to charge an hourly rate of not less
than $50 per hour in lieu of the statutory fee. There is nothing in the Bill pertaining to fees
charged by private process servers. This is the first statutory increase in service fees in over
10 years. The Hawaii Deputy Sheriff's Association supported the measure; testimony in
opposition was received from the Dept. of Public Safety, Credit Associates of Maui, Select
Consulting Service, and five concerned citizens. ****Signed by the Governor 6/2/01; effective
July 1, 2001****
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 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 11/1/01.
IOWA SB 184 (Local Govt Committee) - Fees. Increases the fees a county sheriff can charge for
various services; for serving and returning a civil summons-from $10 to $15 for the first and
each additional person served, except in the same household where the fee for each additional
person is increased from $5 to $10; for serving and returning a subpoena-from $15 to $20.
****Signed by Governor 4/30/01****
MISSOURI HB 640 (Johnson) - Private Investigators. Another PI licensing bill similar to HB 203.
It also exempts "an unarmed process server only after having been specially appointed by a court
and only when investigating for the purpose of identifying the location of a subject for service
of process." Introduced 2/05/01. Ref to Prof Registration and Licensing 2/15/01; Public hearing
held 2/28/01. Reported Do Pass 4/9/01. No activity-Bill not on calendar.
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; Ref to Codes. No activity as
of 11/1/01.
NORTH CAROLINA HB 439 (Barefoot, Pope and Haire) - Process Service. The language of this bill, when
introduced on 3/1/01, began with an amendment to Rule 4 (a) of the Rules of Civil Procedure
which would include a notary public as a "proper person" to serve process. [Existing law defines
a "proper person" as a sheriff or other person "duly authorized" by law, i.e. specially
appointed on motion and order.] This language, however, was deleted from the substitute bill
which came out of the Judiciary Committee on 4/2/01. A major focus of the bill-which survived-was
an amendment to Rule 4(j) which added private delivery services (Fedex, UPS, etc.) as an
authorized method of serving process upon all categories of defendants, in these words: "...by
depositing with a designated delivery service authorized pursuant to 26 U.S.C. Sec. 7502(f)(2) a
copy of the summons and complaint, addressed to the party to be served, delivering to the
addressee, and obtaining a delivery receipt." ***Signed by the Governor 8/18/01***
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.
