| Passed by the House February 28, 2003 Yeas 95 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 16, 2003 Yeas 49 BRAD OWEN ________________________________________ President of the Senate | I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1226 as passed by the House of Representatives and the Senate on the dates hereon set forth. CYNTHIA ZEHNDER ________________________________________ Chief Clerk | |
| Approved May 12, 2003. GARY LOCKE ________________________________________ Governor of the State of Washington | May 12, 2003 - 4:01 p.m. Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/21/2003. Referred to Committee on Judiciary.
AN ACT Relating to service of summons for persons who cannot be found in this state; and amending RCW 46.64.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.64.040 and 1993 c 269 s 16 are each amended to read
as follows:
The acceptance by a nonresident of the rights and privileges
conferred by law in the use of the public highways of this state, as
evidenced by his or her operation of a vehicle thereon, or the
operation thereon of his or her vehicle with his or her consent,
express or implied, shall be deemed equivalent to and construed to be
an appointment by such nonresident of the secretary of state of the
state of Washington to be his or her true and lawful attorney upon whom
may be served all lawful summons and processes against him or her
growing out of any accident, collision, or liability in which such
nonresident may be involved while operating a vehicle upon the public
highways, or while his or her vehicle is being operated thereon with
his or her consent, express or implied, and such operation and
acceptance shall be a signification of the nonresident's agreement that
any summons or process against him or her which is so served shall be
of the same legal force and validity as if served on the nonresident
personally within the state of Washington. Likewise each resident of
this state who, while operating a motor vehicle on the public highways
of this state, is involved in any accident, collision, or liability and
thereafter at any time within the following three years ((departs
from)) cannot, after a due and diligent search, be found in this state
appoints the secretary of state of the state of Washington as his or
her lawful attorney for service of summons as provided in this section
for nonresidents. Service of such summons or process shall be made by
leaving two copies thereof with a fee established by the secretary of
state by rule with the secretary of state of the state of Washington,
or at the secretary of state's office, and such service shall be
sufficient and valid personal service upon said resident or
nonresident: PROVIDED, That notice of such service and a copy of the
summons or process is forthwith sent by registered mail with return
receipt requested, by plaintiff to the defendant at the last known
address of the said defendant, and the plaintiff's affidavit of
compliance herewith are appended to the process, together with the
affidavit of the plaintiff's attorney that the attorney has with due
diligence attempted to serve personal process upon the defendant at all
addresses known to him or her of defendant and further listing in his
or her affidavit the addresses at which he or she attempted to have
process served. However, if process is forwarded by registered mail
and defendant's endorsed receipt is received and entered as a part of
the return of process then the foregoing affidavit of plaintiff's
attorney need only show that the defendant received personal delivery
by mail: PROVIDED FURTHER, That personal service outside of this state
in accordance with the provisions of law relating to personal service
of summons outside of this state shall relieve the plaintiff from
mailing a copy of the summons or process by registered mail as
hereinbefore provided. The secretary of state shall forthwith send one
of such copies by mail, postage prepaid, addressed to the defendant at
the defendant's address, if known to the secretary of state. The court
in which the action is brought may order such continuances as may be
necessary to afford the defendant reasonable opportunity to defend the
action. The fee paid by the plaintiff to the secretary of state shall
be taxed as part of his or her costs if he or she prevails in the
action. The secretary of state shall keep a record of all such summons
and processes, which shall show the day of service.