Compiled and Edited by ALAN H. CROWE NAPPS Administrator
ARIZONA HB 2260 (Gray) – Process Server
This legislation pertains to the service of persons involved in traffic violations detected by photo enforcement. It requires the process server to sign an affidavit stating the following: “I hereby certify that I have reasonable grounds to believe and do believe that I served the person named in the photo enforcement complaint.”It further provides that a false certification is perjury and that if the process server works for a private entity, the person shall no longer be a process server in this state. Status: Introduced 1/11/05
GEORGIA HB 17 (Hill) – Private Detectives.
Would amend Section 43-38-5 of the Code of Georgia (pertaining to the Georgia Board of Private Detective and Security Agencies) to strike the current language and insert the following: “The board is authorized to establish requirements of continuing education as a condition for the renewal of licensure under this chapter. The board shall be authorized to waive continuing education requirements in cases of hardship, disability, illness, or under such other circumstances as the board deems appropriate.” Status: Introduced 1/10/05.
NEW JERSEY Proposed Change in New Jersey Rules of Court to Create Status of Registered Process Servers The New Jersey Professional Process Servers Assn(NJPPSA) has drafted a proposed change to the New Jersey Rules of Court that would amend Rule 4:4-3(a) to add Registered Process Server as a person authorized to serve original process. Currently, any competent adult not a party to the action may serve process in NJ. The proposed change would require a Registered Process Server to undergo a criminal records check, have one year experience in serving civil process in NJ, and complete an approved course of study on the service of New Jersey and federal court civil process. Proof of continued education (12 hours of approved credits during the 3 years following registration) would be required to maintain registered status. Only sheriffs, court officers, New Jersey lawyers and individuals specially appointed by the court would be exempt from registration.
Comment: It’s noteworthy to point out that licensed PIs who serve original process are not exempt from this proposed change. And they are not exempt from the education requirement unless they are able to demonstrate sufficient experience in the service of NJ process and successfully pass a competence examination.
NEW JERSEY AB 3668 (Russo) – Gated Communities.
This bill would authorize service of process in gated communities. It provides that the guard at a gated community would be deemed an agent of that gated community and would be authorized to accept service for any resident or employee of that community providing the process server provides proper identification….which would include a photo identification of the process server and a copy of the summons, complaint or other document being served.
Status: Introduced 1/10/05.
NORTH DAKOTA HB 1104 (Secretary of State)– Process Service.
Section 1-09-09 of the ND Code currently prohibits service of civil process on Election day in general or special elections upon voters within 100 feet of an entrance to any polling place. This bill would amend that section to also prohibit service on voters in primary elections.
Status: Introduced 1/4/05.
SB 2142 (Lyson) – Sheriffs’ Service Fee.
Would increase the fee sheriffs shall charge for the service of a summons, subpoena and a return of not-found, from $10 to $20.
Status: Introduced 1/4/05.
OHIO HB 200 (Williamowski) – Process Servers.
This bill was introduced in May 2003 and after several revisions was enacted into law on 12/22/04. It goes into immediate effect. It permits a child support enforcement agency to have its process served: 1) by contract with the sheriff to compensate the sheriff’s office for service of process, or 2) by contract with a private person or entity.
Comment: Rule 4.1(2) of the Ohio Rules of Civil Procedure requires private persons to be designated by order of the court to serve process. I found nothing in the 11-page bill that addressed the issue of private process server authorization. It seems logical, therefore, that any private process server or entity which obtained a contract to serve CSE agency documents under this legislation would in some manner be exempted from having to be court appointed to serve these documents. Ohio has one of the lowest statutory service fees in the country. Last year it was raised from $3.00 to $6.00 plus mileage.
OREGON HB 2117 (Minnis) – PIs and Process Servers
When the PI licensing legislation was enacted some 5 years ago, “A legal process service company attempting to serve legal process” was one of the 17 groups exempted from application of the licensing requirements. Now, however, the Oregon Board of Investigators, the state licensing agency, has fostered this legislation on behalf of the Oregon Association of Licensed Investigators to remove process service companies as an exempted class. It is their stated intent to prohibit process servers from doing any activity that would involve locating or interviewing persons or conducting surveillance. Comment: The Oregon Assn of Process Servers (OALI) is already geared up to oppose this legislation, and I intend to testify at any upcoming hearings on behalf of NAPPS. I have been told that the OBI is quite serious in preventing process servers from such things as conducting USPS change of address requests, speaking with a next door neighbor or landlord to find out when and where the defendant moved, running a DMV plate on a vehicle at defendant’s residence, waiting outside for a defendant or witness to enter or exit the property, and so forth.
Status: Introduced 1/10/05.
SOUTH CAROLINA HB 4720
Signed by Governor 9/23/04, Act 279
This bill enacts the Uniform Electronic Transactions Act which, among other things, provides for the use of a “United States Postal Service electronic postmark” to perfect service of process between parties who agree to conduct a transaction by electronic means. This legislation is applicable only to services upon corporations and partnerships (where the service is sent to an e-mail address registered with the secretary of State) and where service is made under SC Rule 4(d)(8) by certified mail to an individual or a corporation.
Comment: This is the first state legislation to put electronic service in play and there is considerable uncertainty as to its long-range affect on private process servers. The NAPPS board of directors is monitoring this type of legislation at various levels and is zealously working to protect the interests of our members and the process serving industry.
TEXAS The Supreme Court of Texas---Docket 04-9225 Certification of Persons Authorized to Serve Process Under Rules 103 and 536(a) of TRCP Signed and Entered: Oct. 7, 2004 Rule change becomes effective on Feb. 1, 2005.
The Court’s Order sets forth the procedure for persons to become certified and serve throughout the state without having to obtain 103 orders from a multiplicity of courts. Applicants are required to file with the Clerk of the Supreme Court a sworn statement of no felony convictions, a criminal history record which applicant has obtained within preceding 90 days from Texas Dept of Public Safety, and a certificate from a director of an approved civil process course (7 hours) completed within the prior year. Certification is good for 3 years. The approved courses are: currently provided by:: Houston Young Lawyer’s Association (good for all state courts) and Texas Process Servers Assn. (good for all courts except for Harris County).
SB 165 (Wentworth) – Process Server Licensing
This is the Texas Process Servers Assn (TPSA) bill that would regulate all persons who serve process in Texas. Sets requirements for being a “license holder” and for employee status as a “registered agent.” Would give licensee/agent same authority as the sheriff in serving civil process as well as being classified as an “officer of the court” when serving process. Applicants must be at least 18 year old, have no felony convictions or misdemeanor convictions involving moral turpitude, and complete an approved 8-hour seminar on serving civil process. License holders would be required to have insurance coverage, but no such requirement for registered agents. Both licensees and agents would have to meet continuing education requirements for renewal.. Educational requirement for license would be waived for those applicants having at least 2 years experience serving civil process.
Comment: This bill is the latest attempt of the Texas Process Servers Association (TPSA) to regulate process servers and to get out from under the oppressive demands of dealing with over 200 Texas Courts (and their inconsistent requirements) in obtaining Rule 103 orders to serve process.
Status: Introduced 1/11/05.
