AB938: Bill Text

LRB-3551/1

TKK:bjk:jf

2007 - 2008 LEGISLATURE

2007 Assembly BILL 938

March 11, 2008 - Introduced by Representatives Staskunas, Soletski, Hahn and Kessler, cosponsored by Senator Lehman. Referred to Committee on Judiciary and Ethics.

AB938,1,5 An Act to renumber and amend 801.10 (1); to amend 440.08 (2) (a) 63i., subchapter II (title) of chapter 440 [precedes 440.26] and 440.27 (2) (c) and (3); and to create 440.03 (13) (b) 56m., 440.08 (2) (a) 63i., 440.27 and 801.10 (1) (b) of the statutes; relating to: regulation of process servers, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, any adult resident of the state where service is made and who is not a party to the action may serve a summons in civil actions and special proceedings.

This bill requires a person to obtain certification as a process server from the Department of Regulation and Licensing (DRL) before the person may serve an order, a pleading, a summons, or other paper that is required to be personally served. The bill exempts from certification the following:

1. A resident of the state who is employed as a sheriff or a deputy sheriff.

2. A resident of the state who is a public officer or public employee.

3. A resident of the state who is employed by a landlord as a property manager and who, in the course of his or her duties as a property manager, serves papers in an eviction action against a tenant who lives in the property managed by the person.

In order to be certified as a process server, a person must be an adult resident of the state who holds the equivalent of an eighth grade education. In addition, the person must do all of the following:

1. Pay a fee to DRL.

2. Demonstrate to the satisfaction of DRL that the person has not been convicted of a felony or of a misdemeanor in which proof of theft, a false representation, or the person's dishonesty is an element of the misdemeanor offense.

3. Demonstrate to the satisfaction of DRL that the person is familiar with the requirements for serving papers and with the duties of a process server.

4. Execute and file a bond or liability insurance policy that is approved by DRL and in the amount of at least $500.

A person who violates the certification requirements or a rule that DRL is authorized to promulgate under the bill may be subject to a fine of not less than $100 and not more than $500, imprisonment for not less than three months nor more than six months, or both. In addition, DRL may deny, limit, suspend, or revoke a certification if the person violates the certification requirements or a rule.

The bill authorizes DRL to promulgate rules to administer the certification process.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB938, s. 1 Section 1. 440.03 (13) (b) 56m. of the statutes is created to read:

AB938,2,2 440.03 (13) (b) 56m. Process server.

AB938, s. 2 Section 2 . 440.08 (2) (a) 63i. of the statutes is created to read:

AB938,2,5 440.08 (2) (a) 63i. Process server: September 1 of each odd-numbered year; $53.

AB938, s. 3 Section 3 . 440.08 (2) (a) 63i. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

AB938,2,9 440.08 (2) (a) 63i. Process server: September 1 of each odd-numbered year; $53.

AB938, s. 4 Section 4. Subchapter II (title) of chapter 440 [precedes 440.26] of the statutes is amended to read:

AB938,2,12 CHAPTER 440

AB938,2,13 SUBCHAPTER II

AB938,3,2 PRIVATE DETECTIVES, PRIVATE SECURITY PERSONS, and Process servers

AB938, s. 5 Section 5. 440.27 of the statutes is created to read:

AB938,3,7 440.27 Process servers; certification. (1) (a) Certificate required. Except as provided in par. (b), no person may serve an order, pleading, summons, or other paper that is required to be personally served unless he or she is certified under this section.

AB938,3,9 (b) This section does not require certification of a person who satisfies any of the following:

AB938,3,11 1. The person is a resident of this state and is employed as a sheriff or a deputy sheriff.

AB938,3,14 2. The person is a resident of this state and a public officer or public employee of this state acting in his or her official capacity. In this subdivision, public officer and public employee have the meaning given in s. 939.22 (30).

AB938,3,15 3. The person satisfies all of the following:

AB938,3,16 a. The person is a resident of this state.

AB938,3,18 b. The person is employed by a landlord as a manager of the landlord's real property.

AB938,3,21 c. In the course of his or her duties as a manager, the person serves a summons and complaint in an eviction action, as required under s. 799.42, upon a tenant of the landlord who lives in the real property managed by the person.

AB938,3,24 (2) Issuance of certificate. The department shall issue a certificate to a person who submits an application to the department on a form provided by the department and who satisfies all of the following:

AB938,3,25 (a) Is an adult resident of this state.

AB938,4,1 (b) Holds the equivalent of an 8th grade education.

AB938,4,2 (c) Pays the fee specified in s. 440.05 (1).

AB938,4,6 (d) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the department that the person has not been convicted of a felony or of a misdemeanor in which proof of theft, a false representation, or the person's dishonesty is an element of the misdemeanor offense.

AB938,4,9 (e) Submits evidence satisfactory to the department that the person is familiar with the requirements for serving papers under ch. 801 and with the duties and responsibilities of a process server under ch. 801.

AB938,4,11 (f) Executes and files with the department a bond or liability insurance policy that is approved by the department and satisfies all of the following:

AB938,4,12 1. Is in a form approved by the department.