Compiled and Edited by ALAN H. CROWE NAPPS Administrator
ARIZONA HB 2489 (Jarrett) - Process Service Fees. Amends section 11-455 of Arizona Revised
Statutes to substantially increase a variety of fees in civil actions that may be charged by
sheriffs, constables and registered process servers. Increases fee for service of summons from
$10 to $16 and fee for mileage from $1.50 to $2.40 per mile one way, with a maximum of 200 miles
and a minimum of $16, and allows as recoverable costs the amount of the fee as agreed upon
between process server and client. [Previously, a court could not make an award for private
process server costs that exceeded statutory fee for sheriff or constable.] Sheriff's fee for
any skip tracing activity is raised from $35 to $56 plus disbursements. [The original version of
this bill would also have provided process servers a defense to prosecution for trespass if
property not fenced with locked gate and if area entered is open to members of the public-and
would have made it a criminal offense to obstruct or hinder the service of legal process by a
person authorized by law to serve legal process, but these proposals were deleted from the final
version of the bill.] Introduced 1/18/01. ***Signed by the Governor 5/01/01***
CALIFORNIA AB 761 (Maddox) - Private Investigators. Would amend Section 125.9 of B&P Code to remove
the authority of the Department of Consumer Affairs to issue citations to licensed PIs effective
12/31/04. Would add new Section 7558.6 to establish continuing education requirements for
licensed PIs, and would make renewal of license contingent upon completing 16 hours of
continuing education by an approved Continuing Education Provider (CEP), of which two hours
would be on the subject of ethics and two hours on the subject of privacy. Bill would become
effective January 1, 2001, however, those renewing during calendar year 2002 would need to
attest to only 8 hours of CE credits. Bill requires department to audit on annual basis not
less then 10 percent of license renewal submissions and CEP applications. Introduced 2/22/01.
Passed Assembly 6/5/01. In Senate Comm on Appropriations 7/9/01.
GEORGIA HB 736 (Reichert) - Private Investigators. Amends Section 43-38-6 of the Georgia Code to
provide for reciprocity agreements with other states having licensure requirements substantially
equal to those of Georgia; permits licensee from out of state to conduct investigation in
Georgia provided it is directly related to investigation initiated outside the state; privilege
is limited to 30 days for each agency for each investigation. Introduced 2/23/01;
***Signed by the Governor 4/27/01***
HAWAII HB 525 (Say)-(companion bill SB 1001) - 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.
SB 684 (Tam) - Process Service Fees. Would amend Hawaii Revised Statutes, section 607-4,
to increase sheriff's or police officer's fees for serving civil process from $15 to $25, and
would amend section 607-8 to increase mileage from 35 cents to 40 cents per mile. Fee for
returning a paper unserved, when it is found that the person has left the state, is increased
from $2 to $5. The stated purpose of the Act is to "raise the fees of the sheriff's office to a
level comparable to a national standard." Introduced 1/19/01; Passed Senate 3/6/01; In House
Finance 3/23/01.
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 7/31/01.
IOWA SB 184 (Local Govt Committee) - Fees. Would increase the fees county sheriff could charge
for serving and returning various notices, including summons and subpoenas, 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. Introduced 2/5/01. In Local Government 2/14/01.
MARYLAND HB 224 (Busch) - Private Investigators. Authorizes the Secretary of State Police to adopt
regulations to establish fines (up to $5,000 per violation) for specified violations; requires
specified individuals to be licensed as private detectives, security guards, or security systems
technicians by SS Police before soliciting and engaging in business; authorizes SS Police to
issue fines and late fees to private detectives and others under specified circumstances. Bill
would affect the 565 private detective and security guard licensees in Maryland. Introduced
1/23/01. ***Signed by the Governor 5/18/01***
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.
NEW HAMPSHIRE SB 82 (Gordon) - Process Service. Provides that no service is required if both parties
file a joint libel for divorce. Would allow individual against whom libel for divorce has been
filed to pick up the libel at the court within a specified time period. If libel not picked up,
it will be served by sheriff if the individual lives within the state or by certified mail if
individual lives outside the state. Allows service by publication if address is unknown.
***Signed by the Governor 6/29/01***
NEW YORK AB 6093 (Brennan) - Process Service. Would add a new closing paragraph to Section 308 of
CPLR, as follows: "Where both acts of service pursuant to subdivision 2 or 4 of this section
have been attempted, and one of the two acts of service prescribed has been validly effected,
it shall be sufficient to sustain this service if it is shown that the defendant actually has
received process." Introduced 3/5/01; Ref to Codes. Passed Assembly 6/11/01. In Senate Rules
6/11/01.
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.
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***
OREGON HB 2138 (Gov. John A. Kitzhaber) - DMV Records. Prohibits the disclosure of personal information
by DMV unless requested by individual. Allows individuals to have their personal information
excluded from any lists the DMV compiles and sells to bulk distributors. [Note: It does not
affect existing law which permits release of personal information to process servers and other
authorized recipients.] Introduced 1/9/01. **Signed by Governor 5/30/01**
HB 2528 (Zauner) - Process Service. Would amend ORCP 7D(2)(c) Office service-to permit a
summons to be served on defendant at place of employment by leaving true copy of summons and
complaint with person apparently in charge of office maintained by defendant or defendant's
employer for the conduct of business, or with a person authorized to accept service. [Bill
introduced at request of Mr. Erin Thurber]. Introduced 1/17/01; Ref to Judiciary 1/19/01. In
Committee upon adjournment 7/07/01.
HB 3821 (Devlin) - Private Investigators. Would remove the requirement that a licensed
investigator provide proof of surety bond or other security before having access to personal
information in DMV record, and would permit licensed investigator to access this information
by showing license issued by Oregon Board of Investigators. [Bill introduced at request of
Oregon Assn of Licensed Investigators (OALI). Introduced 3/13/01; Ref to Judiciary 3/21/01.
In Committee upon adjournment 7/07/01.
SB 194 (Beyer) - Landlord-Tenant. Amend ORS 105.165(1)(a) to include process server as
authorized person to serve notice of restitution-"The sheriff or process server shall first
serve the notice of restitution and the sheriff shall thereafter deliver possession of the
premises to the landlord..." Introduced 1/16/01.
***Signed by the Governor 6/25/01***
SB 722 (Minnis) - Private Investigators. This is a lengthy bill which extensively modifies
the current licensing program for investigators. It eliminates operative registration; creates
investigations license and provisional endorsement; modifies criteria and procedures for
suspending, revoking or refusing to renew licenses; changes categories of membership of the
Board of Investigators and number of new members; and requires appointment (by governor) of new
members by a specified date. The Oregon Association of Licensed Investigators (OALI) was the
moving force behind this legislation. Introduced 2/16/01. ***Signed by Governor 7/27/01***
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. [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 held for summer study 5/9/01.
