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State Legislation Summaries
| Index of |

July - August 2002
STATE LEGISLATION -- 2002 SESSION

Compiled and Edited by
ALAN H. CROWE
NAPPS Administrator
CALIFORNIA
AB 2493 (Pacheco) - Process Service. Prohibits 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. Permits a registered process server to levy more than once under the same writ of execution, provided the writ is still valid; deletes the existing recoverable service fee of $1.50 for serving debtor's employer with a writ of execution, and allows as a recoverable cost the amount actually incurred in effecting service. This bill was sponsored by the California Association of Photocopiers and Process Servers (CAPPS). Introduced 2/21/02. Passed House and Senate.
***Signed by the Governor 7/16/02***

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 requires 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 is complete upon receipt of a reply generated by the garnishee. The supporters of this bill were two banking associations and the Kansas Credit Attorneys Assn. Introduced 2/5/02; Passed House and Senate. ***Signed by Governor 5/29/02***

MICHIGAN
SB 929 (Hoffman) - Private Investigators. This legislation is a major overhaul of the existing law which licenses and regulates private detectives and investigators in Michigan. It was supported by the Michigan Council of Private Investigators and there is an excellent summary and analysis of the legislation on its website at www.mcpihome.com Introduced 12/13/01/ ***Signed by the Governor 6/21/02; effective 10/1/02***

SB 992 (Peters) - 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 legislation, however, elevated the offense to a Class F Felony with a statutory maximum of four years' imprisonment and a $5,000 fine. Introduced 1/9/02.
***Signed by Governor 6/27/02; effective 10/1/02***

TENNESSEE
HB 2570 (Buck) - Process Servers. This legislation amends Section 16-15-901 of the Tennessee Code to add the following language pertaining to who may serve process in general sessions court - "(b) A civil warrant, attachment or any other leading process used to initiate an action in general sessions court and subpoenas or summons may be served by any person designated by the party, or the party's attorney, if represented by counsel, who is not a party to the action 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 had total control over the appointment/licensing of persons who serve general sessions court papers. The author of the legislative 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 passage of this legislation will cause the sheriffs to suffer a net decrease in revenues in excess of $2 million. The Tennessee State Association of Professional Process Servers (TAPPS) was a strong supporter of this bill. Introduced 1/23/02.
***Signed by Governor 5/29/02; effective 7/1/02***






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