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Friday, February 22, 2013

2013 Process Server Related Proposed Legislation

2013 Process Server Related Proposed Legislation
Bill Summaries and Links*
Arizona - Recently Introduced Arizona Bill appears to allow AZ Certified Process Servers access to DMV records in certain circumstances - Recently Introduced Arizona Bill appears to allow process servers unannounced access to gated communities
Georgia - Georgia Bill would amend certain provisions relating to personal service of a summons on a corporation; to provide for related matters; to repeal conflicting laws
Hawaii - Recently Introduced Hawaii Bill SB 1015- The purpose and intent of this measure is to clarify the reciprocity provision under existing law that allows the service of process issued by another state upon a Hawaii recipient.
This Hawaii Bill SB 1182 would make clear who can serve Writs and includes language that allow "or other person authorized by the court" which as I read the bill would mean private process servers. Problem is it is my understanding that the courts Hawaii have not formally defined how a court authorizes private process servers. See Bill SB1182 for the solution to the problem.
Very Interesting Bill in Hawaii Bill SB 1182 - I wonder is Process Servers in Hawaii know...

The legislature finds that process servers play an important role in facilitating a timely judicial process and protecting public safety. Civil process servers... in Hawaii are not required to obtain a license.

In light of ongoing concerns regarding service of process, the legislature finds that the department of public safety should more clearly define and delineate the duties and responsibilities of process servers under its jurisdiction and examine ways of certifying and registering its process servers.

The purpose of this Act is to require the department of public safety to convene a working group to clarify the duties and responsibilities of process servers under the department's jurisdiction, create a process of registration and certification of process servers, and address other relevant issues.

Illinois - Illinois Bill SB1724 Amends the Code of Civil Procedure. Provides that if a person, corporation, or agent or officer of a corporation uses a post office box as a principal mailing address, service of process may be effectuated by having the person serving the process mail a copy of the process via both regular and certified mail.
Kansas - Here is a recently introduced House Bill 2116 in Kansas that would make me nervous if I were a Process Server there... This bill appears to allow electronic service of civil process in certain circumstances... Someone correct me if I am wrong but I think Kansas already allows various forms of Electronic Service for Garnishments. Here is the interesting language:

"When a case is electronically filed and process is to be served under this subsection, the chief judge of each judicial district shall determine the procedure for service of process through an agreement with a local enforcement agency."
Maryland House Bill 192 - Service of Process Bill would Increase Sheriff's Fees - Maryland Bill SB 0554F Private Process Service – Licensing and Certification
Massachusetts - Recently Introduced Bill S1129 in Massachusetts would reform civil process operations for Sheriffs.
Mississippi - Mississippi Bill HB 233 would allow Sheriffs to charge reasonable expenses to serve process... Not to Exceed $45.00
Montana - Recently Introduced Montana Bill SB 331would allow process servers limited access to private property to execute service of process.
New Hampshire - Recently Introduced Bill SB 139 in New Hampshire appears to raise Sheriffs Fees to Serve Process - Another Bill HB 596 in New Hampshire would eliminate Service by Leaving the Documents at the subjects abode (sub-service). In the alternative the documents wound be mailed by certified mail.

I wonder if New Hampshire Process Servers know about it.
New York – New York Bill A-663 AN ACT to amend the general business law and the civil practice law and rules, in relation to process servers. This one would regulate process servers throughout the state.

Oklahoma - Oklahoma Bill HB 1084 would place a few new requirements upon individuals applying to be private process servers - Oklahoma Bill HB 2207 would allow service by publication to be posted to a court controlled website.
Texas - Texas Bill HB 233 - A BILL TO BE ENTITLED AN ACT - relating to the creation of the offense of obstruction of or retaliation against a process server. - Texas Bill HB 532 - relating to the creation of the offense of obstruction of or retaliation against a process server. - Texas Bill HB 1391 -Recently introduced Bill in Texas - H.B.1391 appears to simplify the rules that govern who can serve process. Those making money from the required certification programs and that sit of the PSRB are probably not going to support it.
Utah - Recently Introduced Bill HB 0235 in Utah prohibits a sex offender or a person with a current protective order from serving process issued by a court. Makes me wonder if any other felons can serve process in Utah...
Virginia - Virginia Bill SB 895 recently Defeated would have allowed Service on a agents for service of process by posting on the agents door.
Virginia HOUSE BILL NO. 1754 would reduce the number of days allowed for Service of Process after the commencement of a new action. Currently twelve months are allowed. This Bill would reduce it to 90 days.

Washington – Washington Bill Recently Introduced State HB 1131 Brief Description: Makes assault of a legal process server an Assault in the third degree offense.

Service of process in an action ...or suit within 90 days of commencement of the action or suit against a defendant shall be timely as to that defendant. Service of process on a defendant more 90 days after the suit or action was commenced shall be timely upon a finding by the court that the plaintiff exercised due diligence to have timely service made on the defendant.
*This list was compilled by SOPLF and is not meant to represent a complete listing of all legislative activity.  It is just a resource you can refer to as you perform your own research.