CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2791Introduced by Assembly Member Bloom(Principal coauthor: Senator Rubio)February 18, 2022 An act to add Section 26666 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 2791, as introduced, Bloom. Sheriffs: service of process and notices.Existing law allows writs, notices, or other process issued by superior courts in civil actions or proceedings to be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.This bill would require a marshal or sheriff, including their department or office, to accept an electronically signed writ, notice, or other process and would prohibit a marshal or sheriff, including their department or office, from requiring an original or wet signature on a writ, notice, or other process. The bill would require a marshal or sheriff, including their department or office, to allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and would prohibit a marshal or sheriff, including their department or office, from charging and collecting a fee for the transmission of the writ, notice, or other process for service. The bill would prohibit a marshal or sheriff, including their department or office, from reviewing the substance of a writ, notice, or other process for service, and would require a marshal or sheriff to serve a writ, notice, or other process if specified criteria are met.By requiring marshals and sheriffs, including their department or office to allow writs, notices, and other process to be transmitted to the department or office by email or fax , thereby imposing a higher level of service on local government, this bill would impose a state-mandated local program The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26666 is added to the Government Code, to read:26666. (a) A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.(b) A marshal or sheriff, including their department or office, shall allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, or other process for service.(c) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, or other process for service, and shall serve a writ, notice, or other process if the following criteria are met:(1) A case number appears on the writ, notice, or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An address has been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2791Introduced by Assembly Member Bloom(Principal coauthor: Senator Rubio)February 18, 2022 An act to add Section 26666 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 2791, as introduced, Bloom. Sheriffs: service of process and notices.Existing law allows writs, notices, or other process issued by superior courts in civil actions or proceedings to be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.This bill would require a marshal or sheriff, including their department or office, to accept an electronically signed writ, notice, or other process and would prohibit a marshal or sheriff, including their department or office, from requiring an original or wet signature on a writ, notice, or other process. The bill would require a marshal or sheriff, including their department or office, to allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and would prohibit a marshal or sheriff, including their department or office, from charging and collecting a fee for the transmission of the writ, notice, or other process for service. The bill would prohibit a marshal or sheriff, including their department or office, from reviewing the substance of a writ, notice, or other process for service, and would require a marshal or sheriff to serve a writ, notice, or other process if specified criteria are met.By requiring marshals and sheriffs, including their department or office to allow writs, notices, and other process to be transmitted to the department or office by email or fax , thereby imposing a higher level of service on local government, this bill would impose a state-mandated local program The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2791
Introduced by Assembly Member Bloom(Principal coauthor: Senator Rubio)February 18, 2022
Introduced by Assembly Member Bloom(Principal coauthor: Senator Rubio)
February 18, 2022
An act to add Section 26666 to the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2791, as introduced, Bloom. Sheriffs: service of process and notices.
Existing law allows writs, notices, or other process issued by superior courts in civil actions or proceedings to be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.This bill would require a marshal or sheriff, including their department or office, to accept an electronically signed writ, notice, or other process and would prohibit a marshal or sheriff, including their department or office, from requiring an original or wet signature on a writ, notice, or other process. The bill would require a marshal or sheriff, including their department or office, to allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and would prohibit a marshal or sheriff, including their department or office, from charging and collecting a fee for the transmission of the writ, notice, or other process for service. The bill would prohibit a marshal or sheriff, including their department or office, from reviewing the substance of a writ, notice, or other process for service, and would require a marshal or sheriff to serve a writ, notice, or other process if specified criteria are met.By requiring marshals and sheriffs, including their department or office to allow writs, notices, and other process to be transmitted to the department or office by email or fax , thereby imposing a higher level of service on local government, this bill would impose a state-mandated local program The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law allows writs, notices, or other process issued by superior courts in civil actions or proceedings to be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.
This bill would require a marshal or sheriff, including their department or office, to accept an electronically signed writ, notice, or other process and would prohibit a marshal or sheriff, including their department or office, from requiring an original or wet signature on a writ, notice, or other process. The bill would require a marshal or sheriff, including their department or office, to allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and would prohibit a marshal or sheriff, including their department or office, from charging and collecting a fee for the transmission of the writ, notice, or other process for service. The bill would prohibit a marshal or sheriff, including their department or office, from reviewing the substance of a writ, notice, or other process for service, and would require a marshal or sheriff to serve a writ, notice, or other process if specified criteria are met.
By requiring marshals and sheriffs, including their department or office to allow writs, notices, and other process to be transmitted to the department or office by email or fax , thereby imposing a higher level of service on local government, this bill would impose a state-mandated local program
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 26666 is added to the Government Code, to read:26666. (a) A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.(b) A marshal or sheriff, including their department or office, shall allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, or other process for service.(c) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, or other process for service, and shall serve a writ, notice, or other process if the following criteria are met:(1) A case number appears on the writ, notice, or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An address has been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 26666 is added to the Government Code, to read:26666. (a) A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.(b) A marshal or sheriff, including their department or office, shall allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, or other process for service.(c) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, or other process for service, and shall serve a writ, notice, or other process if the following criteria are met:(1) A case number appears on the writ, notice, or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An address has been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.
SECTION 1. Section 26666 is added to the Government Code, to read:
### SECTION 1.
26666. (a) A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.(b) A marshal or sheriff, including their department or office, shall allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, or other process for service.(c) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, or other process for service, and shall serve a writ, notice, or other process if the following criteria are met:(1) A case number appears on the writ, notice, or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An address has been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.
26666. (a) A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.(b) A marshal or sheriff, including their department or office, shall allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, or other process for service.(c) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, or other process for service, and shall serve a writ, notice, or other process if the following criteria are met:(1) A case number appears on the writ, notice, or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An address has been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.
26666. (a) A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.(b) A marshal or sheriff, including their department or office, shall allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, or other process for service.(c) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, or other process for service, and shall serve a writ, notice, or other process if the following criteria are met:(1) A case number appears on the writ, notice, or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An address has been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.
26666. (a) A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.
(b) A marshal or sheriff, including their department or office, shall allow a writ, notice, or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, or other process for service.
(c) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, or other process for service, and shall serve a writ, notice, or other process if the following criteria are met:
(1) A case number appears on the writ, notice, or other process. Blank forms, such as responsive forms, are not required to include a case number.
(2) An address has been provided for the person to be served.
(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.