Bill Summary – FastDemocracy

S-4392.1
                           SUBSTITUTE SENATE BILL 6154
     State of Washington         68th Legislature        2024 Regular Session
     By Senate Law & Justice (originally sponsored by Senators Torres and
     Mullet; by request of Secretary of State)
     READ FIRST TIME 01/31/24.
      AN ACT Relating to updating process service requirements in
  Washington state for business entities and motorists; amending RCW
  4.28.080, 4.28.100, and 46.64.040; and repealing RCW 4.28.090.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1. RCW 4.28.080 and 2015 c 51 s 2 are each amended to read
 as follows:
     Service made in the modes provided in this section is personal
 service. The summons shall be served by delivering a copy thereof, as
 follows:
     (1) If the action is against any county in this state, to the
 county auditor or, during normal office hours, to the deputy auditor,
 or in the case of a charter county, summons may be served upon the
 agent, if any, designated by the legislative authority.
     (2) If against any town or incorporated city in the state, to the
 mayor, city manager, or, during normal office hours, to the mayor's
 or city manager's designated agent or the city clerk thereof.
     (3) If against a school or fire district, to the superintendent
 or commissioner thereof or by leaving the same in his or her office
 with an assistant superintendent, deputy commissioner, or business
 manager during normal business hours.
                                       p. 1                          SSB 6154
     (4) If against a railroad corporation, to any station, freight,
 ticket or other agent thereof within this state.
     (5) If against a corporation owning or operating sleeping cars,
 or hotel cars, to any person having charge of any of its cars or any
 agent found within the state.
     (6) If against a domestic insurance company, to any agent
 authorized by such company to solicit insurance within this state.
     (7)(a) If against an authorized foreign or alien insurance
 company, as provided in RCW 48.05.200.
     (b) If against an unauthorized insurer, as provided in RCW
 48.05.215 and 48.15.150.
     (c) If against a reciprocal insurer, as provided in RCW
 48.10.170.
     (d) If against a nonresident surplus line broker, as provided in
 RCW 48.15.073.
     (e) If against a nonresident insurance producer or title
 insurance agent, as provided in RCW 48.17.173.
     (f) If against a nonresident adjuster, as provided in RCW
 48.17.380.
     (g) If against a fraternal benefit society, as provided in RCW
 48.36A.350.
     (h) If against a nonresident reinsurance intermediary, as
 provided in RCW 48.94.010.
     (i) If against a nonresident life settlement provider, as
 provided in RCW 48.102.011.
     (j) If against a nonresident life settlement broker, as provided
 in RCW 48.102.021.
     (k) If against a service contract provider, as provided in RCW
 48.110.030.
     (l) If against a protection product guarantee provider, as
 provided in RCW 48.110.055.
     (m) If against a discount plan organization, as provided in RCW
 48.155.020.
     (8) If against a ((company or corporation doing any express
 business, to any agent authorized by said company or corporation to
 receive and deliver express matters and collect pay therefor within
 this state)) represented entity as defined by RCW 23.95.400, service
 of process, notice, or demand required or permitted by law to be
 served on the entity may be made in accordance with RCW 23.95.450.
                                     p. 2                        SSB 6154
     (9) ((If against a company or corporation other than those
 designated in subsections (1) through (8) of this section, to the
 president or other head of the company or corporation, the registered
 agent, secretary, cashier or managing agent thereof or to the
 secretary, stenographer or office assistant of the president or other
 head of the company or corporation, registered agent, secretary,
 cashier or managing agent.
     (10) If against a foreign corporation or nonresident joint stock
 company, partnership or association doing business within this state,
 to any agent, cashier or secretary thereof.
     (11))) If against a minor under the age of fourteen years, to
 such minor personally, and also to his or her father, mother,
 guardian, or if there be none within this state, then to any person
 having the care or control of such minor, or with whom he or she
 resides, or in whose service he or she is employed, if such there be.
     (((12))) (10) If against any person for whom a guardian has been
 appointed for any cause, then to such guardian.
     (((13))) (11) If against a foreign or alien steamship company or
 steamship charterer, to any agent authorized by such company or
 charterer to solicit cargo or passengers for transportation to or
 from ports in the state of Washington.
     (((14))) (12) If against a self-insurance program regulated by
 chapter 48.62 RCW, as provided in chapter 48.62 RCW.
     (((15))) (13) If against a party to a real estate purchase and
 sale agreement under RCW 64.04.220, by mailing a copy by first-class
 mail, postage prepaid, to the party to be served at his or her usual
 mailing address or the address identified for that party in the real
 estate purchase and sale agreement.
     (((16))) (14) In all other cases, to the defendant personally, or
 by leaving a copy of the summons at the house of his or her usual
 abode with some person of suitable age and discretion then resident
 therein.
     (((17))) (15) In lieu of service under subsection (((16))) (14)
 of this section, where the person cannot with reasonable diligence be
 served as described, the summons may be served as provided in this
 subsection, and shall be deemed complete on the tenth day after the
 required mailing: By leaving a copy at his or her usual mailing
 address with a person of suitable age and discretion who is a
 resident, proprietor, or agent thereof, and by thereafter mailing a
 copy by first-class mail, postage prepaid, to the person to be served
                                     p. 3                         SSB 6154
  at his or her usual mailing address. For the purposes of this
  subsection, "usual mailing address" does not include a United States
  postal service post office box or the person's place of employment.
      NEW SECTION.    Sec. 2.    RCW 4.28.090 (Service on corporation
  without officer in state upon whom process can be served) and 1985 c
  469 s 1 & 1893 c 127 s 8 are each repealed.
     Sec. 3.   RCW 4.28.100 and 2011 c 336 s 97 are each amended to
 read as follows:
     When the defendant cannot be found within the state, and upon the
 filing of an affidavit of the plaintiff, his or her agent, or
 attorney, with the clerk of the court, stating that he or she
 believes that the defendant is not a resident of the state, or cannot
 be found therein, and that he or she has deposited a copy of the
 summons (substantially in the form prescribed in RCW 4.28.110) and
 complaint in the post office, directed to the defendant at his or her
 place of residence, unless it is stated in the affidavit that such
 residence is not known to the affiant, and stating the existence of
 one of the cases hereinafter specified, the service may be made by
 publication of the summons, by the plaintiff or his or her attorney
 in any of the following cases:
     (1) When the defendant is a nonregistered foreign ((corporation))
 entity as defined by RCW 23.95.105, and has property within the
 state;
     (2) When the defendant, being a resident of this state, has
 departed therefrom with intent to defraud his or her creditors, or to
 avoid the service of a summons, or keeps himself or herself concealed
 therein with like intent;
     (3) When the defendant is not a resident of the state, but has
 property therein and the court has jurisdiction of the subject of the
 action;
     (4) When the action is for (a) establishment or modification of a
 parenting plan or residential schedule; or (b) dissolution of
 marriage, legal separation, or declaration of invalidity, in the
 cases prescribed by law;
     (5) When the action is for nonparental custody under chapter
 26.10 RCW and the child is in the physical custody of the petitioner;
     (6) When the subject of the action is real or personal property
 in this state, and the defendant has or claims a lien or interest,
                                     p. 4                         SSB 6154
 actual or contingent, therein, or the relief demanded consists
 wholly, or partly, in excluding the defendant from any interest or
 lien therein;
     (7) When the action is to foreclose, satisfy, or redeem from a
 mortgage, or to enforce a lien of any kind on real estate in the
 county where the action is brought, or satisfy or redeem from the
 same;
     (8) When the action is against any corporation, whether private
 or municipal, organized under the laws of the state, and the proper
 officers on whom to make service do not exist or cannot be found;
     (9) When the action is brought under RCW 4.08.160 and 4.08.170 to
 determine conflicting claims to property in this state.
     Sec. 4.   RCW 46.64.040 and 2003 c 223 s 1 are each amended to
 read as follows:
     ((The acceptance by a)) (1)(a) A nonresident ((of)) accepts the
 rights and privileges conferred by law in the use of the public
 highways of this state, as evidenced by ((his or her operation)):
     (i) Operation of a vehicle thereon((,)); or ((the))
     (ii) The operation thereon of ((his or her)) the nonresident's
 vehicle with ((his or her)) the nonresident's consent, express or
 implied((,)).
     (b) Such acceptance pursuant to (a) of this subsection 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)) the nonresident's true and lawful attorney upon
 whom may be served all lawful summons and processes against ((him or
 her)) the nonresident 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)) the
 nonresident's vehicle is being operated thereon with ((his or her))
 the nonresident's consent, express or implied((, and such)).
     (2) Such operation and acceptance pursuant to subsection (1) of
 this section shall be a signification of the nonresident's agreement
 that any summons or process against ((him or her)) the nonresident
 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)) (3) A resident of this state ((who)) appoints
 the secretary of state of the state of Washington as the person's
                                     p. 5                         SSB 6154
 lawful attorney for service of summons or process as provided in this
 section for nonresidents, if the resident, while operating a motor
 vehicle on the public highways of this state((, is)):
     (a) Is involved in any accident, collision, or liability; and
 ((thereafter))
     (b) Thereafter at any time within the following three years
 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)).
     (4) Service of such summons or process under subsections (1) and
 (3) of this section shall be made by leaving ((two copies)) a copy
 for record and for each address to be served 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)).
     (5) Such service pursuant to subsection (4) of this section shall
 be sufficient and valid personal service upon said resident or
 nonresident((: PROVIDED, That notice)), provided that:
     (a) 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))
     (b) The plaintiff's affidavit of compliance herewith are appended
 to the process, together with ((the)):
     (i) The affidavit of the plaintiff or plaintiff's attorney that
 the plaintiff or attorney has with due diligence attempted to serve
 personal process upon the defendant at all addresses of the defendant
 known to ((him or her of defendant and)) the plaintiff or attorney;
     (ii) A further listing in ((his or her)) the plaintiff or
 plaintiff's attorney's affidavit the addresses at which ((he or she))
 the plaintiff or attorney attempted to have process served; and
     (iii) If there are no known addresses, a statement to that effect
 within   the   plaintiff's  or   plaintiff's   attorney's   affidavit.
 ((However, if))
     (6) If process is forwarded by registered mail and the
 defendant's endorsed receipt is received and entered as a part of the
 return of process then the ((foregoing)) affidavit ((of plaintiff's
 attorney)) required in subsection (5) of this section need only show
 that the defendant received personal delivery by mail((: PROVIDED
                                     p. 6                         SSB 6154
 FURTHER, That)). However, 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 in this section.
     (7) The secretary of state shall ((forthwith)) within eight
 business days, send one of such copies provided pursuant to
 subsection (4) of this section by mail, postage prepaid, addressed to
 the defendant at the defendant's address, if known to the secretary
 of state.
     (8) 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.
     (9) The fee paid by the plaintiff to the secretary of state shall
 be taxed as part of ((his or her)) the plaintiff's costs if ((he or
 she)) the plaintiff prevails in the action.
     (10) The secretary of state shall keep a record of all such
 summons and processes, which shall show the day of service.
                                  --- END ---
                                     p. 7                         SSB 6154
Statutes affected: 
Original Bill: 4.28.080, 4.28.100, 46.64.040
Substitute Bill: 4.28.080, 4.28.100, 46.64.040