SENATE BILL REPORT

                                   SHB 2370

         AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 28, 1992

Brief Description:  Requiring the registration of process servers.

SPONSORS: House Committee on Judiciary (originally sponsored by Representatives Padden, Appelwick, Paris, Ludwig, Vance, Riley, Forner, Broback, D. Sommers, Inslee, Scott, R. Johnson, Franklin, Winsley, Mitchell and Bowman)

HOUSE COMMITTEE ON JUDICIARY

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass as amended. 

      Signed by Senators Nelson, Chairman; Thorsness, Vice Chairman; Erwin, M. Kreidler, Madsen, Newhouse, Rasmussen, and A. Smith.

Staff:  Jack Brummel (786‑7428)

Hearing Dates: February 28, 1992

BACKGROUND:

Process servers are not currently required to register with the state or with the county in which they reside or work.  When questions arise at trials regarding the validity of service of process, some process servers cannot be found.

SUMMARY:

County clerks are required to develop a registration process for maintaining a register of process servers in the county.  The clerks may collect an annual fee of up to $10 from each process server.

The Office of the Administrator for the Courts (OAC) is to develop a registration form for clerks to use in the registration process in order to identify and locate process servers.

Process servers and their employees are required to list the process server's registration number and county of registration on any proof of service document.

A person who does not use a process server registered under this act at the time of service or within 45 days after serving process, or one who is exempt from registration requirements, may not collect the costs of the service of the process. 

The provisions of this act do not modify superior court civil rule 4 which governs who is eligible to serve process.

Appropriation:  none

Revenue:  none

Fiscal Note:  available

SUMMARY OF PROPOSED SENATE AMENDMENTS:

County auditors are to develop a registration process for process servers.  OAC is to develop a registration form for auditors to use.

TESTIMONY FOR:  None

TESTIMONY AGAINST:  None

TESTIFIED:  No one