Bill Text: MS HB362 | 2011 | Regular Session | Introduced
Bill Title: Process servers; provide for licensing and regulation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB362 Detail]
Download: Mississippi-2011-HB362-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary B
By: Representative Zuber
House Bill 362
AN ACT TO PROVIDE FOR THE LICENSING AND REGULATION OF PROCESS SERVERS; TO REQUIRE LICENSING; TO PROVIDE EXCEPTIONS; TO PROVIDE FOR APPLICATION AND FINGERPRINTING OF PROCESS SERVERS; TO REQUIRE THE POSTING OF BOND; TO REQUIRE PAYMENT OF A LICENSING FEE; TO PROVIDE FOR THE PROMULGATION OF RULES AND REGULATIONS; TO PROVIDE FOR THE ISSUANCE, RENEWAL, SUSPENSION AND REVOCATION OF LICENSES; TO PROVIDE A PENALTY FOR VIOLATIONS OF THIS ACT; TO AMEND SECTION 13-3-83, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. It shall be unlawful for any person to be employed as or perform the services of process server without a license therefor.
SECTION 2. (1) A process server is a person engaged in the business of serving, or one who purports to serve, or one who serves personally or by substituted service upon any person, corporation, governmental or political subdivision or agency, a summons, subpoena, notice, citation or other process, directing an appearance or response to a legal action, legal proceeding or administrative proceedings.
(2) For the purposes of this act the service of five (5) or more processes in any one (1) year shall be deemed to constitute doing business as a process server.
SECTION 3. (1) The provisions of this act shall not apply to any employee of any municipal, state or federal department or agency, who is acting within the scope of his or her employment.
(2) The provisions of this act shall not apply to attorneys duly admitted to practice law in the State of Mississippi.
SECTION 4. (1) An application for a license or renewal thereof shall be made to the Administrative Office of Courts on a form prescribed by the Chief Justice of the Supreme Court.
(2) The Administrative Office of Courts shall require that applicants for licenses issued pursuant to this act be fingerprinted for the purpose of securing criminal history records from the state. The applicant shall pay a processing fee as required by the Administrative Office of Courts. Fingerprints shall be taken of the individual owner if the applicant is a sole proprietorship; the general partners if the applicant is a partnership; and the officers, principals, directors and stockholders owning more than ten percent (10%) of the outstanding stock of the corporation if the applicant is a corporation. Any person required to be fingerprinted hereunder shall furnish to the Administrative Office of Courts three (3) current passport-sized photographs of such person.
(3) An applicant shall post bond with sufficient sureties as prescribed by the Administrative Office of Courts which shall remain in effect as long as the applicant performs the service of process.
SECTION 5. The biennial license fee to be paid by such persons shall be Two Hundred Dollars ($200.00).
SECTION 6. The Administrative Office of Courts may make and promulgate such rules and regulations as he or she may deem necessary for the proper implementation and enforcement of this act.
SECTION 7. (1) A license issued hereunder may be suspended or revoked or its renewal denied by the Administrative Office of Courts at any time for the failure of the licensee to comply with any rule, regulation or order promulgated by the Administrative Office of Courts.
(2) In addition to any of the powers that may be exercised by the Administrative Office of Courts pursuant to this act, the Administrative Office of Courts, after notice and an opportunity to be heard, may refuse to issue or renew, or may suspend or revoke a license required under this act, if the applicant or licensee or any of its principals, officers or directors, or any of its stockholders owning more than ten percent (10%) of the outstanding stock of the corporation has been convicted of a crime which, in the judgment of the Administrative Office of Courts has a direct relationship to such person's fitness or ability to perform any of the activities for which a license is required under this act or has been convicted of any other crime which would provide a justification for the Administrative Office of Courts to refuse to issue or renew, or to suspend or revoke, such license.
SECTION 8. A violation of this act is a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00).
SECTION 9. Section 13-3-83, Mississippi Code of 1972, is amended as follows:
13-3-83. All notices provided for by law appertaining to actions, suits or proceedings of any kind in any court shall be served and returned by the sheriff or any constable of the county, or the marshal of any city, town or village therein in which such notices are to be served, to whom such notices may be delivered for that purpose. However, service of summonses and subpoenas in all courts except justice court shall be governed by the Mississippi Rules of Civil Procedure and in every instance, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal and similar paper shall be served and filed in accordance with the provisions of the Mississippi Rules of Civil Procedure. Process servers shall comply with Sections 1 through 8 of House Bill No. , 2011 Regular Session.
SECTION 10. This act shall take effect and be in force from and after July 1, 2011.
