Compiled and Edited by Gary A. Crowe NAPPS Administrator
Louisiana
SB 313 - would increase non-resident private investigator license fees. Among the numerous fees outlined, the annual renewal fee for resident Agencies and Individual license holders remain at $200 and $50, respectively. The Bill sets both non-resident Agency and non-resident Individual license fees at $500 annually. Bill was introduced and referred to the Committee on Commerce, Consumer Protection and International Affairs.
Missouri
SB 935 - would create a "Deputy Sheriff Salary Supplementation Fund," consisting of money generated by adding a $10 fee to every summons, writ, subpoena, or other order of the court served. Bill passed the Senate and the House referred it to Local Government Committee.
New Jersey
SB 1498 - will upgrade penalties for assaults committed against process servers and licensed private investigators. A person would be guilty of aggravated assault if a simple assault is committed upon a person while serving legal documents or upon a private investigator while engaged in the performance of their duties. This would elevate the simple assault (up to 6 months jail and up to $1,000 fine) to aggravated assault, which would carry 3-5 yrs jail and up to $15,000 if the server is injured. Bill was referred to the Senate Judiciary Committee on 3/10/08.
Maryland
SB 413 - designates the Motor Vehicle Administration as agent for non-resident drivers involved in motor vehicle accidents in Maryland. Plaintiffs would serve defendant drivers by personally delivering documents to the MVA, who then serve the driver by certified mail. Bill is awaiting governor's signature.
SB 125 - increases the sheriff fees from $40 to $70 for Maryland documents and from $60 to $70 for out-of-state documents. Also creates Housing & Community Development Fund to which $10 from every service will be deposited. The fund assists low-income families with housing needs. Bill has been re-referred to Judiciary & Environmental Matters.
New Mexico
HB 263 - increases the sheriff fees to $40 for most civil documents. Also creates the provision that no sheriff can collect more than one fee, regardless of how many documents may be served upon one or more individuals when they are served at the same time and location. Bill has been signed. Effective July 1, 2008.
Oklahoma
HB 2902 - requires person serving process to file affidavit. While this Bill can be viewed a couple different ways, it appears that process servers would simply be forced to file their affidavits with the court instead of returning them to their clients - even if the clients request them. Bill has had two readings but has not made it out of the House.
Tennessee
SB 3905 - would enact the "Private Process Servers Regulatory Act of 2008." Process servers would be registered with the Department of Commerce and Insurance. Bill was introduced but action was deferred in Civil Practice Subcommittee and Procedure of Judiciary to summer study.
SB 4043 - clarifies that when a USPS certified letter is refused it is sufficient evidence of a defendant's refusal to accept delivery. Where service of a warrant, writ and other papers is already permitted by registered/certified mail and the written receipt merely has "unclaimed or other similar notation," it is deemed complete upon mailing. Bill was introduced and is currently in the subcommittee of the Senate Judiciary Committee.
Virginia
HB 720 - establishes manner in which landlords can serve documents on tenants. A small provision buried in this Bill establishes that "if the rental agreement so provides, the landlord and tenant may send notices in electronic form. If electronic delivery is used, the sender shall retain sufficient proof of the electronic delivery, which may be an electronic receipt of delivery…or a certificate of service prepared by the sender confirming the electronic delivery." Governor's recommendations adopted, Bill enacted 3/8/08 and is effective 7/1/08.
Washington
SB 6357 - requires no more than two attempts to effect service in domestic violence cases. After two attempts court shall permit service by publication or by mail - unless petitioner requests additional time to attempt personal service. Bill signed by governor on 4/1/08 and is effective 6/12/08.
West Virginia
HB 4617 - allows virtually any entity/individual in WV to serve any out-of-state entity by serving the WV Secretary of State. The Secretary of State then serves the out-of-state party by registered or certified mail. If the mail is refused, then they can opt to use electronic issuance and acceptance of electronic return receipts. Bill was signed by the governor on 3/31/08 and is effective July 1, 2008.
