HOUSE BILL REPORT

HB 1199

BYRepresentative P. King 

Designating appropriate individuals to receive service of process.

House Committe on Judiciary

Majority Report:  Do pass.  (12)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, P. King, Locke, Niemi, Scott, Wang and Wineberry.

House Staff:Linda Sellers (786-7122)

AS PASSED HOUSE MARCH 11, 1987

BACKGROUND:

The initiating party in a lawsuit is generally required to serve legal papers ("service of process" or "summons") on the other party.  Service of process must be had on the person or official designated by statute.  For a county, service must be had on the county auditor, for a city or town, against the mayor, and for a school district, against the superintendent. For a company or corporation not otherwise specifically covered by particular provisions, service of process must be had against the president, or other head of the company or corporation, or against one of several other named persons.  Recent court decisions hold that substantial compliance with these procedures is not sufficient.  Personal service must be made on the person designated by statute.  Leaving the summons in the designated person's office does not suffice.

SUMMARY:

Several changes are made with respect to the person or official upon whom service of process may be made.  For a county, the summons may be delivered to the auditor, or left in his or her office with a deputy auditor.  In an action against any town or incorporated city, the summons may be delivered to the mayor, city manager, city clerk, or with a staff person during normal office hours.  In an action against a school or fire district, the summons may be delivered to the superintendent or commissioner, or left in the office with an assistant or business manager.  If the action is against a company or corporation not otherwise covered, delivery of the summons may be to the president or other head of the company or corporation, or to any one of a number of specified persons including registered agents, cashiers, or assistants or secretaries.

EFFECT OF SENATE AMENDMENT(S):  The amendment removes the "office staff" of a city's mayor or manager as persons upon whom legal service may be made.  Instead, the amendment allows service on the "designated agent" of the mayor or city manager.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The current law is overly restrictive.  This bill provides a reasonable list of persons who may be served.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 98; Nays 0; Absent 0; Excused 0