H-4576

AN ACT Relating to registration of process servers; adding a new chapter to Title 18 RCW; and adding a new section to chapter 2.32 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) A person who serves legal process for a fee in the State of Washington shall register as a process server with the clerk of the county in which the process server resides or operates his or her principal place of business.

(2) The requirement to register under subsection (1) of this section does not apply to any of the following persons:

(a) A sheriff, deputy sheriff, marshall, constable, or government employee who is acting in the course of employment;

(b) An attorney or the attorney's employees, who are not serving process on a fee basis;

(d) An employee of a person who is registered under this section;

(e) A person who does not receive a fee or wage for serving process.

NEW SECTION. Sec. 2. A new section is added to chapter 2.32 RCW to read as follows:

(1) Each county clerk shall develop a registration process to register process servers required to register under section 1 of this act.

(2) The county clerk may collect an annual registration fee from the process server not to exceed ten dollars.

(3) The office of the administrator for the courts shall develop a registration form for the county clerks to use in the registration process for the purpose of identifying and locating the registrant, including the process server's name, birthdate, and social security number, and the process server's business name, business address, and business telephone number.

(4) The county clerk shall maintain a register of process servers and assign a number to each registrant. Upon renewal of the registration as required in section 3 of this act, the clerk shall continue to assign the same registration number. A successor entity composed of one or more registrants shall be permitted to transfer one or more registration numbers to the new entity.

NEW SECTION. Sec. 3. A process server required to register under section 1 of this act must renew the registration within one year of the date of the initial registration or when the registrant changes his or her name, the name of his or her business, business address, or business telephone number, whichever occurs sooner. If the renewal is required because of a change in the information identifying the process server, the process server must renew the registration within ten days of the date the identifying information changes. The process server shall pay the registration fee upon renewal.

NEW SECTION. Sec. 4. (1) A process server required to register under section 1 of this act shall indicate the process server's registration number and the process server's county of registration on any proof of service the process server signs.

(2) Employees of a process server required to register under section 1 of this act shall indicate the employer's registration number and the employer's county of registration on any proof of service the registrant's employee signs.

NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, any person who is otherwise entitled to collect the costs of service of process shall not be entitled to collect those costs if the person does not use a process server who under this chapter either is required to register or is exempt from the registration requirement.

(2) The person may collect the costs of the service of process if the process server registers within forty-five days after serving the process.

(3) This section shall apply to all process served on or after August 1, 1992.

NEW SECTION. Sec. 6. Sections 1 and 3 through 5 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 7. Nothing in this act modifies Superior Court Civil Rule 4.