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. Bill died in Rules Committee when session ended 4/16/05.
CALIFORNIAAB 496 (Aghazarian) – Process Servers
Under existing law, attorneys and their employees and
private investigators and their employees who serve
more than 10 papers a year are exempt from having to
register as a process server under Section 22350 of the
Business & Professions Code. This bill would narrow
that exemption for attorneys, permitting attorneys and
their employees to serve process only in those cases
for which the attorney is providing services. A
provision that also impacted the exemption for private invetigators
was removed from the bill following opposition from CALI (California Association of Licensed Investigators)
Additional provisions provide for the clerk to retain
the original summons at the time of filing the case and a
clarification that nothing in Penal Code Sec. 4013
"shall limit or restrict any person who may lawfully serve
process from serving process pursuant to this section."
The intent here is an attempt to drive home that point to
a reluctant jailer who thinks that only sheriffs may serve
process to a prisoner. Comment: This bill is the brainchild of CAPPS
but CALI has now joined in with its support since
certain provisions affecting its members were amended out. Status: Introduced 2/16/05. Passed House 5/2/05. As of
7/12/05 Bill was in Senate Committee on Appropriations.
GEORGIA HB 17 (Hill) – Private Detectives.
Amends Section 43-38-5 of the Code of Georgia (pertaining to the Georgia Board of Private Detective and Security Agencies)
to add the following new
paragraph (as amended on 3/10/05): (7) “The board shall
be authorized to require continuing education of renewal
for all persons required to be registered with the board
under this chapter. The board shall be authorized to
promulgate rules and regulations addressing requirement
for continuing education and circumstances for which a
waiver of this requirement may be granted.” Status:*** SIGNED BY GOVERNOR 5/6/05, Eff 7/1/05 ***
HB 705 (Foster) – Registration of Process Servers
This is essentially a 2-part bill. Section 1 adds a new
paragraph to Section 9-11-4 of the Georgia Code which
permits any person authorized to serve process to be
granted access to a gated community for a reasonable
period of time to perform service upon showing the guard
a current driver’s license and evidence of current
appointment as a process server. Upon refusal of a guard
to comply, the process may be served upon the guard, and
it shall be as effective as if served on the defendant
personally. Section 2 of the bill adds a new subsection
(m) which establishes a state-wide registration of
permanent process servers. It would permit any resident
of Georgia engaged in the process serving industry for at
least one year to obtain an appointment as a permanent
process server by the superior court in the county where
the motion is filed. The permanent process server would
be entitled to serve for any court anywhere in the state. Comment: This bill was introduced by GAPPS, The
Georgia Association of Professional Process Servers. Status: Introduced 3/4/05. No action on bill prior to
adjournment on 3/31/05. Bill carries over to 2006.
KANSAS HB 2457 – Service by Return Receipt
Amends Kansas Code of Civil Procedure to replace service
of process by "certified mail" with "return receipt delivery."
Although there was no mention as to the reason for this change, it's
quite obvious it was to permit service by courier - FedX, UPS, DHL, etc. Status:***SIGNED BY GOVERNOR 5/13/05***
LOUISIANA HB 51 (Dorsey) – Stalking
Amends existing stalking law to exclude application to a Louisiana
licensed private investigator acting during the course and scope
of his employment and performing his duties relative to the conducting of an investigation.
Additional exemptions also apply to investigators employed by authorized insurers
and self-insured entities relative to the conducting of an insurance investigations. ***SIGNED BY GOVERNOR ...Effective 8/15/05***
MISSOURISB 493 (Kennedy) – Private Investigators
This is a PI licensing bill that would create the “Board
of Private Investigator Examiners” to regulate the
profession in Missouri. While the bill contains most of
the usual provisions in PI licensing legislation, it adds
an insurance requirement ($1 million liability and
proof of workers’ comp coverage) that is not required
in all states which have licensing. Comment: There are 11 exemptions to licensing in
this bill, but the most important exemption is not
there. That’s an exemption for process servers in the
act of serving process. NAPPS members in Missouri
actively followed this bill and testified at two
committee hearings. Status: Introduced 3/1/05. Bill died when session ended
3/31/05. No carryover.
MONTANA HB 596 (Koopman) – Process Service.
Existing law in Montana does not permit service on an
individual defendant by substituted service. This bill
provides that after an initial attempt at service has
failed, a summons, complaint or eviction notice may
be served on an adult (18 or older) residing at the
defendant’s residence, or at the defendant’s place of
employment upon an individual designated by the
employer to receive service. Both the adult at the
residence and the employer are considered to be
agents of the defendant authorized by law to receive
process. Another provision of the law mandates that a
financial institution immediately surrender to the
process server all available funds being sought under a
writ of execution. [Note: In contrast to virtually all other
jurisdictions, a registered process server in Montana may
act as a levying officer.] Status: Introduced 2/8/05. Judiciary Committee held
hearing 2/15/05. Bill died when 3/1/05 deadline missed for
general bill transmittal. No carryover.
SB 231 (Laslovich) – Registered Process Servers
This bill revises laws relating to judgments and their
collection. In Montana a registered process server is also
a levying officer. Among other provisions,this bill
clarifies that a registered process server may make
service of process in any county in the state. Status: ***SIGNED BY GOVERNOR 4/25/05***
NEVADAAB 491 (Commerce/Labor) – Private Investigators
This bill makes numerous amendments to the existing PI
laws, among which are the following: Adds the words by
any lawful means in the description of services provided.
Makes the PI responsible for employing or contracting
with an unlicensed person to perform an act that requires
a license. Substantially increases a variety of fees such as
increasing the $750 application deposit to $1,500 for first
category of license and holding applicant responsible
(without limit) for the entire cost of the investigation. It
specifies certain activities which are not acts of
investigation for purposes of experience, such as service
of legal process, search for heirs, collection of debts by
telephone after debtor has been located, and repossession
of personal property after property has been located. And
lastly, fines for violating several of the PI laws literally
explode to double or triple or as much as 10 times the
existing amount. Nevada is tightening its hold on its
crown as the toughest state in the nation for licensing PIs
and process servers. Status: Introduced 3/28/05. Bill died when session ended
in June. No carryover.
NEW HAMPSHIRE HB 694 - Interference with Service of Process
The purpose of this well-intentioned legislation was to
compel persons with knowledge of the location of a
defendant named in any litigation in a NH Court, to
give that information so the defendant can be located
and served. In the words of the literary wordsmith who
drafted this bill- It was unlawful to hide, obstruct, or withhold
information; to provide misleading, obfuscatory, or
false information; to assault, beleaguer, way lay,
obstruct, or interfere with any individual attempting to
make service. Moreover, it subjected the
person withholding this information to criminal
contempt of court and up to 90 days’ imprisonment. Status: Introduced 1/26/05. Hearing held 2/9/05. A Motion
that bill was “Inexpedient to Legislate” was adopted 2/23/05.
Session ended 6/30/05 with no action. [Think maybe some legislator
who had trouble getting his or her spouse served was behind bill.]
NEW JERSEY AB 3462 (Diegnan) - Gated Communities.
As introduced, this bill would allow sheriffs and constables
to enter a gated residential community to serve process on an
individual residing therein providing they present to the guard a
photo ID and a copy of the document to be served. A guard who does
not comply may be found guilty of contempt of court. However, on
12/2/04, the bill was amended in the Assembly Law and Public Safety
Committee to 1) make the bill applicable not only to sheriffs and constables,
but also to other persons authorized to serve process; and 2) make
it a disorderly persons offense, rather than contempt of court, for a guard
to violate the bill's provisions.
Statust: Introduced 11/4/04. Reported out of Assembly Committee favorably
with amendments 12/2/04. No action since that date.
AB 3668 (Russo) – Gated Communities.
This bill is similar to AB 3462. It 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—a photo ID and a copy of the summons,
complaint or other document being served. Comment: The major distinction between this bill and
AB 3462 above seems to be this: If the guard refuses to
accept service the process server will be deemed to have
authorized access to the gated community for a
reasonable period of time in which to perform the service.
But what if the guard refuses access? One can conclude from
the language of this bill that the guard commits no offense
by either refusing to accept the document or by refusing to allow
the process server on the premises for a reasonable period to
make service. Status: Introduced 1/10/05. Referred to Assembly Law
and Public Safety Committee. Still in committee with no apparent movement.
NORTH CAROLINA HB 1434 (Glazier) - Electronic Service of Process
This bill, introduced on 4/20/05, quickly cut through the
legislative fog and was signed by the Governor on 7/27/05.
It authorized the service of process under Rule 4 of the rules
of procedure by electronic signature confirmation. With the
assistance of NC member Ruth Reynolds and NAPPS president
John Perez, the bill was amended to include the following languange:
"Nothing in this sub-division authorizes the use of electronic
mailing for service on the party to be served."
OREGON HB 2117 (Minnis) – PIs and Process Servers
We reported on this bill in the Jan-Feb issued of The
Docket Sheet. One of the principal objectives of the bill,
which was introduced by the Oregon Board of
Investigators, was to remove process servers engaged in
the service of process from its status as an exempted class
in the existing law, the effect of which would leave process
servers who were attempting to locate a defendant for service
open to the charge of investigating without a license. Among those
testifying against this part of the bill were the OAPS lobbyist, the OAPS
president, and the lobbyist for the collectors. I testified as
a representative of NAPPS. Subsequently, the Oregon
Board of Investigators amended its initial bill to put
process servers back in as an exempted class while
serving process. Neither OAPS nor NAPPS has any
interest in other provisions in the bill. A later amendment abolished
the Oregon Board of Investigators and transferred its duties to the
Department of Public Safety Standards and training. Status:***SIGNED BY GOVERNOR 7/22/05***
SOUTH CAROLINA
HB 3543 (Smith/Weeks) - Stalking
A bill to enact "Mary Lynn's Law" by adding Section
16-1-130 to the Code of South Carolina. Contains the
following exemption clause: "This section does not apply to
words or conduct protected by the Constitution of this State or the
United States, a law enforcement officer or a process server performing
official duties, or a licensed private investigator performing services or
an investigation as described in detail in a contract signed by the client
and the private investigator pursuant to Section 40-18-70. Status:***SIGNED BY GOVERNOR 6/1/05***
TENNESSEE
Three bills HB 325, HB 564, and HB 1413 (and a like
number of Senate bills) elbowed each other for position during the
2005 session which ended in May. None of the bills, all of which
sought to license and/or regulate process servers, reached the finish line;
but HB 325, the bill which was supported by TAPPS - Tennessee
Association of Professional Process Servers, is still alive if only in spirit.
It has prompted the legislature to reexamine the issue of process server regulation
and fees for the service of process. Two meetings have been held by a joint
legislative committee since the session ended and more are scheduled in August.
NAPPS President John Perez along with TAPPS members Charlie Fineberg
and Benny Walker attended the first meeting.
SB 1632 (Norris) – Sheriffs’ Service Fee
This bill would amend Tennessee Code 8-21-901 to
increase the fee any sheriff or constable may charge
for the service of process, from $20.00 to $40.00. Status: Introduced 2/17/05. This bill died when the session ended; however, as
point out above, the subject of fees is being discussed in the meetings currently
being held by a joint legislative committee study group.
TEXAS The Supreme Court of Texas---Docket 05-9122
Certification of Persons Authorized to Serve
Process Under Rules 103 and 536(a) of TRCP
Signed and Entered: June 27, 2005
Rule change becomes effective on July 1, 2005
The Court’s Order sets forth the procedure for persons
to become certified and serve throughout the state
without having to obtain authorization from individual Texas
courts. The Supreme Court's website www.supremecourts.state.tx.us
has all the information that a process server needs to know about the new rule change.
It has a list of all 1,221 process servers who automatically
became certified on July 1, along with a series of questions
and answers about the new rules. There's also an Application form,
an Application Instruction Sheet, and a form for requesting a
personal criminal history record. The Court created the
Private Process Server Board to which nine persons have been
appointe, three of whom are NAPPS members - Brad Bacom,
Beaumont, Justiss Rasberry, El Paso, and Carl Weeks, Austin.
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, supported by Texas
Process Servers Association (TPSA) died
when the session ended in May. Its death triggered
the adoption of the Supreme Court's proposed amendments
which were put into effect July 1.
VERMONT SB 15 - Stalking/Voyeurism
Creates "the Safe Communities Act" by making it a violation
to invade a person's privacy by viewing, photographing,
filming, or recording in any format the image of another
person - in a place where that person has a reasonable
expectation of privacy - without that person's consent. The
Act contains the following section pertaining to PIs: "It
shall be an affirmative defense to a violation... of this
section that the defendant was a bona fide private investigator
or a bona fide security guard conducting surveillance in the
ordinary course of business and violation was unintentional and
incidental to otherwise legal surveillance..." Status:***SIGNED BY THE GOVERNOR 6/28/05***
WEST VIRGINIA HB 2296 (Stemple) - Sheriffs' Service Fee
This legislation increased the fee from $20.00 to $25.00
for service of any notice, summons or other process where
the body is not taken, and making the return thereof. Status: ***SIGNED BY GOVERNOR 5/3/05***
