HB 7139 — AN ACT CONCERNING THE DUTIES OF STATE MARSHALS AND THE ACTIVITIES UNDERTAKEN BY THE STATE MARSHAL COMMISSION AND THE STATE MARSHALS ADVISORY BOARD.

Eachstatemarshal,beforeenteringuponthedutiesofastatemarshal, shall give to the State Marshal Commission a bond in the sum of [ten] one hundred thousand dollars conditioned that such state marshal will sHB7139faithfully /discharge Filethe No.duties of state marshal and answer all damages which any person sustains by reason of such state marshal's unfaithfulness or neglect.

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934 faithfully discharge the duties of state marshal and answer all damages which any person sustains by reason of such state marshal's unfaithfulness or neglect.

(1) Any federal, state or local government agency in carrying out its functions or to any individual or entity acting on behalf of any such agency, or (2) Any individual, organization or entity that signs and files with the commissioner, under penalty of false statement as provided in section 53a-157b,Public aAct statementNo. on a form approved by the commissioner, together with such supporting documentation or information as the commissioner may require, that such information will be used for any of the following purposes:

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7139 53a-157b, a statement on a form approved by the commissioner, together with such supporting documentation or information as the commissioner may require, that such information will be used for any of the following purposes:

sHB7139(B) /In Filethe No.normal course of business by the requesting party, but only to confirm the accuracy of personal information submitted by the individual to the requesting party;

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934 (B) In the normal course of business by the requesting party, but only to confirm the accuracy of personal information submitted by the individual to the requesting party;

(D) In connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and motor vehicle parts and dealers, producing statistical reports and removal of nonownerPublic recordsAct fromNo. the original owner records of motor vehicle manufacturers, provided the personal information is not published, disclosed or used to contact individuals except as permitted under subparagraph (A) of this subdivision;

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7139 nonowner records from the original owner records of motor vehicle manufacturers, provided the personal information is not published, disclosed or used to contact individuals except as permitted under subparagraph (A) of this subdivision;

(H) In connection with any lawful purpose of a labor organization, as defined in section 31-77, provided (i) such organization has entered into sHB7139a /contract Filewith No.the commissioner, on such terms and conditions as the commissioner may require, and(ii)theinformationwillbeusedonly for the purposes specified in the contract other than campaign or political purposes;

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934 a contract with the commissioner, on such terms and conditions as the commissioner may require, and(ii)theinformationwillbeusedonly for the purposes specified in the contract other than campaign or political purposes;

(J) For the purpose of preventing fraud by verifying the accuracy of personal information contained in a motor vehicle record, including an individual's photograph or computerized image, as submitted by an individual to a legitimate business or an agent, employee or contractor of a legitimate business, provided the individual has provided express consentPublic inAct accordanceNo. with subdivision (5) of subsection (a) of this section;

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7139 consent in accordance with subdivision (5) of subsection (a) of this section;

The Commissioner of Motor Vehicles sHB7139may /charge Filea No.state marshal a reasonable annual fee for access to such records and the use of such electronic system.

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934 may charge a state marshal a reasonable annual fee for access to such records and the use of such electronic system.

(a) A limited liability company or registered foreign limited liability company may be served with any process, notice or demand required or permitted by law by any proper officer or other person lawfully empowered to make service leaving a true and attested copy with (1) such company's registered agent, or in the case of an agent who is a naturalPublic person,Act atNo. his or her usual place of abode in this state, or (2) a manager or member of such company, or at his or her usual place of abode in this state.

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7139 natural person, at his or her usual place of abode in this state, or (2) a manager or member of such company, or at his or her usual place of abode in this state.

(c) If a limited liability company or registered foreign limited liability company ceases to have a registered agent, or if its registered agent cannot with reasonable diligence be served by any proper officer or other person lawfully empowered to make service, the company or sHB7139foreign /company Filemay No.be served by registered or certified mail, return receipt requested, or by similar commercial delivery service, addressed to the company or foreign company at its principal office or its mailing address.

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934 foreign company may be served by registered or certified mail, return receipt requested, or by similar commercial delivery service, addressed to the company or foreign company at its principal office or its mailing address.

(1) The date the company or foreign company receives the mail or delivery by the commercial delivery service;Public Act No.

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7139 service;

(d)If process, notice ordemandcannot beservedonabeservedonalimitedliability limited liability company or registered foreign limited liability company pursuant to subsection (a) or (b) of this section, service may be made by any proper officer or other person lawfully empowered to make service handing a copy to (1) the manager of such company, or (2) the individual in charge of any regular place of business or activity of the company or foreign company if the individual served is not a plaintiff in the action.

Service upon such agent shall be deemed to be service upon the sHB7139correctional /officer Fileor No.employee.

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934 correctional officer or employee.

(1)Public "AmendedAct process"No. means, at the direction of the issuing authority, changes made by a state marshal to a process to modify, adjust or correct minor, technical, clerical, typographical or scrivener's errors or conforming changes made during service of process, including adjustments made to the name, alias, agent or addresses of the parties, the court or the return date of the process.

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7139 (1) "Amended process" means, at the direction of the issuing authority, changes made by a state marshal to a process to modify, adjust or correct minor, technical, clerical, typographical or scrivener's errors or conforming changes made during service of process, including adjustments made to the name, alias, agent or addresses of the parties, the court or the return date of the process.

(3) "Business day" has the same meaning as provided in section 36a- 330 of the general statutes.

sHB7139(6) /"Special Fileoccasion" means a time when a party authorized to electronically transmit process to a state marshal determines it to be necessary, convenient or desirable to utilize the provisions of this Public Act No.

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9347139 (6) "Special occasion" means a time when a party authorized to electronically transmit process to a state marshal determines it to be necessary, convenient or desirable to utilize the provisions of this section, subject where applicable to a fee as prescribed by this section, instead of tendering a state marshal an original process printed on paper, along with sufficient copies for service of process.

Information electronically transmitted to the state sHB7139marshal /shall Fileinclude, No.but is not limited to:

934(A) sHB7139Any Filelocation where the Public Act No.

93425-78 marshal16 shallof include,35 butSubstitute isHouse notBill limitedNo. to:

(A)7139 Any location where the personisknowntospendtime, (B)thetelephonenumbersoftheperson, (C) the employer, work location and working hours of the person, (D) a photo or physical description of the person, (E) the age or date of birth of the person, (F) the vehicles of the person, including make, model and plate numbers, and (G) safety concerns to be aware of when making service on the person.

A state marshal may voluntarily elect to receive the electronic transmission of process under the provisions of this section at the request of an attorney-at-law or public agency, subject to the provisions and fees prescribed in this section.Public Act No.

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9347139 sHB7139section. File No.

934 (e) If a state marshal elects to receive the electronic transmission of process, the state marshal shall maintain and monitor an electronic mail address used for the purposes of this section.

A state marshal electing to receive process in an electronic format from an attorney-at-law or public agency under the provisions of this section may, within two business days after receiving such process, reject any such process for service, if (1) the requirements of subdivision (2) or (3) of subsection (b) of this section have not been met, (2) the process is not signed, or is out of order, (3) the process is not receivedPublic inAct aNo. clear and legible format, or cannot be accessed electronically, (4) the lawful deadline for service of the process cannot reasonably be met, or (5) the number of pages or processes to be printed exceeds the limitations prescribed in subsection (f) of this section.

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9347139 sHB7139received Filein No.a clear and legible format, or cannot be accessed electronically, (4) the lawful deadline for service of the process cannot reasonably be met, or (5) the number of pages or processes to be printed exceeds the limitations prescribed in subsection (f) of this section.

934A state marshal shall provide notification of the rejection of electronic process for service to the attorney-at-law or public agency by electronic mail.

Fees under this section shall not apply or be charged in the case of the transmittal and printing of executions issued under chapter 832 or 906 of the general statutes, warrants issued under chapter 204 of the general statutes, ejectments under section 49-22 of the general statutes, as amended by this act, service of process under a waiver of fees issued pursuant to section 52-259b of the general statutes, capias mittimus orders issued under any provisions of the general statutes or ordersofprotectionandreliefunderchapter815aofthegeneralstatutes.

Fees under this section shall not be considered a fee for copies of writs and complaints pursuant to chapter 901 of the general statutes and shall be in addition to any fee under said chapter payable to the officer servingPublic process.Act No.

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7139 serving process.

When making service of electronically transmitted documents printed for service under thissection,thestate marshalshallnot berequiredto send printed documents or a printed return of service back to the attorney- sHB7139at-law /or Filepublic No.agency which electronically transmitted such process, but the state marshal shall electronically transmit the marshal's return of service to such attorney-at-law or public agency.

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934 at-law or public agency which electronically transmitted such process, but the state marshal shall electronically transmit the marshal's return of service to such attorney-at-law or public agency.

The applicant may transmit suchPublic documentsAct inNo. an electronic format and the applicant and documents shall be subject to the same provisions that are applicable to an attorney-at-law or public agency document transmission process as prescribed in subdivisions (2), (3) and (4) of subsection (b), and subsections (c), (h) and (k) of section 13 of this act.

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7139 such documents in an electronic format and the applicant and documents shall be subject to the same provisions that are applicable to an attorney-at-law or public agency document transmission process as prescribed in subdivisions (2), (3) and (4) of subsection (b), and subsections (c), (h) and (k) of section 13 of this act.

No fee of any kind may be sHB7139charged /directly Fileto No.an applicant by an officer serving process.

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934 charged directly to an applicant by an officer serving process.

(b) In any such case, the officer making service shall endorse under oath on such officer's return the date of delivery of the process to such officerPublic forAct serviceNo. in accordance with this section.

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7139 officer for service in accordance with this section.

(c) (1) Within forty-five days after mailing of the final decision under section 4-180 or, if there is no mailing, within forty-five days after personal delivery of the final decision under said section, or (2) within forty-five days after the agency denies a petition for reconsideration of the final decision pursuant to subdivision (1) of subsection (a) of section 4-181a, or (3) within forty-five days after mailing of the final decision sHB7139made /after Filereconsideration No.pursuant to subdivisions (3) and (4) of subsection (a) of section 4-181a or, if there is no mailing, within forty- five days after personal delivery of the final decision made after reconsideration pursuant to said subdivisions, or (4) within forty-five days after the expiration of the ninety-day period required under subdivision (3) of subsection (a) of section 4-181a if the agency decides to reconsider the final decision and fails to render a decision made after reconsideration within such period, whichever is applicable and is later, a person appealing as provided in this section shall serve a copy of the appeal on the agency that rendered the final decision at its office or at the office of the Attorney General in Hartford and file the appeal with the clerk of the superior court for the judicial district of New Britain or for the judicial district wherein the person appealing resides or, if that person is not a resident of this state, with the clerk of the court for the judicial district of New Britain.

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934 made after reconsideration pursuant to subdivisions (3) and (4) of subsection (a) of section 4-181a or, if there is no mailing, within forty- five days after personal delivery of the final decision made after reconsideration pursuant to said subdivisions, or (4) within forty-five days after the expiration of the ninety-day period required under subdivision (3) of subsection (a) of section 4-181a if the agency decides to reconsider the final decision and fails to render a decision made after reconsideration within such period, whichever is applicable and is later, a person appealing as provided in this section shall serve a copy of the appeal on the agency that rendered the final decision at its office or at the office of the Attorney General in Hartford and file the appeal with the clerk of the superior court for the judicial district of New Britain or for the judicial district wherein the person appealing resides or, if that person is not a resident of this state, with the clerk of the court for the judicial district of New Britain.

Service of the appeal shall be made by [United States mail, certified or registered, postage prepaid, return receipt requested, withoutPublic theAct useNo. of] a state marshal [or other officer, or by personal service by a proper officer or indifferent person] making service in the same manner as complaints are served in ordinary civil actions.

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7139 without the use of] a state marshal [or other officer, or by personal service by a proper officer or indifferent person] making service in the same manner as complaints are served in ordinary civil actions.

(3) against a borough, upon its manager, clerk, [or] sHB7139assistant /clerk Fileor No.deputy clerk or upon the warden or one of its burgesses;

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934 assistant clerk or deputy clerk or upon the warden or one of its burgesses;

Subsection (c) of section 47a-23 of the general statutes is repealedPublic andthefollowingAct issubstitutedNo. inlieuthereof(EffectiveOctober 1, 2025):

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7139 repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2025):

sHB7139(b) /Before Fileany No.such removal, the state marshal charged with executing upon any such judgment of eviction shall give the chief executive officer of the town [twenty-four hours] notice of the eviction, stating the date, time and location of such eviction as well as a general description, if known, of the types and amount of property to be removed from the premises and delivered to the designated place of storage.

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934 (b) Before any such removal, the state marshal charged with executing upon any such judgment of eviction shall give the chief executive officer of the town [twenty-four hours] notice of the eviction, stating the date, time and location of such eviction as well as a general description, if known, of the types and amount of property to be removed from the premises and delivered to the designated place of storage.

Such execution shall be on a form prescribed by the Judicial Department, shall be in clear and simple language and in readable format, and shall contain, in addition to other notices given to the defendant in the execution, a conspicuous notice, in large boldface type,Public thatAct (1)No. a person who claims to have a right to continue to occupy thepremises should immediately contact anattorney, [and] (2) provides clear instructions as to how and where the defendant may reclaim any possessions and personal effects removed and stored pursuant to this section, including a telephone number that may be called to arrange release of such possessions and personal effects, and (3) any person who remains at the property after the time of the eviction as listed on the execution when a state marshal returns to conduct the eviction removal and fails to vacate when directed to do so may be subject to arrest for criminal trespass in the first degree, in violation of section 53a-107.

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7139 type, that (1) a person who claims to have a right to continue to occupy thepremises should immediately contact anattorney, [and] (2) provides clear instructions as to how and where the defendant may reclaim any possessions and personal effects removed and stored pursuant to this section, including a telephone number that may be called to arrange release of such possessions and personal effects, and (3) any person who remains at the property after the time of the eviction as listed on the execution when a state marshal returns to conduct the eviction removal and fails to vacate when directed to do so may be subject to arrest for criminal trespass in the first degree, in violation of section 53a-107.

(b) Before any such removal, the state marshal charged with executing upon the ejectment shall give the chief executive officer of the town [twenty-four hours'] notice of the ejectment, stating the date, time andlocationofsuchejectment aswellasageneraldescription,ifknown, sHB7139of /the Filetypes No.and amount of property to be removed from the land and delivered to the designated place of storage.

934At sHB7139least Filefive business days before [giving such notice to the chief executive officer of the town] the ejectment, the state marshal shall use reasonable efforts to locate and notify the person or persons in possession of the date and time such ejectment is to take place and of the possibility of a sale pursuant to subsection (c) of this section and shall provide on a form prescribed by the Judicial Department, in clear and simple language and in readable format, containing, in addition to other notices on the ejectment order, a conspicuous notice, in large boldface type, that (1) provides clear instructions as to how and where such person or persons may reclaim any possessions and personal effects removed and stored pursuant to this section, including a telephone number that such person or persons may call to arrange release of such possessions and personal effects, and Public Act No.

93425-78 of25 the types and amount of property35 toSubstitute beHouse removedBill fromNo. the land and delivered to the designated place of storage.

At7139 least five business days before [giving such notice to the chief executive officer of the town] the ejectment, the state marshal shall use reasonable efforts to locate and notify the person or persons in possession of the date and time such ejectment is to take place and of the possibility of a sale pursuant to subsection (c) of this section and shall provide on a form prescribed by the Judicial Department, in clear and simple language and in readable format, containing, in addition to other notices on the ejectment order, a conspicuous notice, in large boldface type, that (1) provides clear instructions as to how and where such person or persons may reclaim any possessions and personal effects removed and stored pursuant to this section, including a telephone number that such person or persons may call to arrange release of such possessions and personal effects, and (2) any person bound by the ejectment order who remains at the property after the time of the removal as listed on the ejectment order whena state marshalreturnsto conduct theejectment andfailsto vacate when directed to do so may be subject to arrest for criminal trespass in the first degree, in violation of section 53a-107.

and (2) any person, except a person described in subdivision sHB7139(1) /of Filethis No.subsection, shall receive a fee of not more than fifty dollars for each process served and an additional fee of fifty dollars for the second and each subsequent service of such process, except that such officer or person shall receive an additional fee of twenty dollars for each subsequent service of such process at the same address or for notification of the office of the Attorney General in dissolution and postjudgment proceedings if a party or child is receiving public assistance.

934Each sHB7139such Fileofficer or person shall also receive the fee set by the Department of Administrative Services for state employees for each mile of travel, subject to adjustment within thirty days of any revision to the federal General Services Administration mileage reimbursement Public Act No.

93425-78 (1)26 of this35 subsection,Substitute shallHouse receiveBill aNo. fee of not more than fifty dollars for each process served and an additional fee of fifty dollars for the second and each subsequent service of such process, except that such officer or person shall receive an additional fee of twenty dollars for each subsequent service of such process at the same address or for notification of the office of the Attorney General in dissolution and postjudgment proceedings if a party or child is receiving public assistance.

Each7139 such officer or person shall also receive the fee set by the Department of Administrative Services for state employees for each mile of travel, subject to adjustment within thirty days of any revision to the federal General Services Administration mileage reimbursement rate, to be computed from the place where such officer or person received theprocesstotheplace ofservice, andthence inthecase ofcivil process to the place of return.

The officer or person requesting the receipt of such round trip travel shall make out a bill reciting the sHB7139dates, /times Fileand No.results of each trip the officer or person traveled while attempting to effectuate in-hand personal service.

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934 dates, times and results of each trip the officer or person traveled while attempting to effectuate in-hand personal service.

Such payment from the Judicial Department of attempted round trip travel forPublic in-handAct serviceNo. of process may be limited to three round trips, provided nothing in this section shall limit payment of a greater amount fromtheJudicialDepartmentto anofficer orpersonservingprocess.

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7139 for in-hand service of process may be limited to three round trips, provided nothing in this section shall limit payment of a greater amount fromtheJudicialDepartmentto anofficer orpersonservingprocess.

sHB7139Notwithstanding /the Fileprovisions No.of this section, for summoning grand jurors, such officer or person shall receive only such officer's or person's actualexpenses and suchreasonable sum for servicesas are taxedby the court.

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934 Notwithstanding the provisions of this section, for summoning grand jurors, such officer or person shall receive only such officer's or person's actualexpenses and suchreasonable sum for servicesasare taxedby the court.

(C) for endorsements, fiftyPublic centsAct perNo. page or fraction thereof;

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7139 fifty cents per page or fraction thereof;

The officer serving any attachment or executionmay claimcompensationfor sHB7139time /and Fileexpenses No.of any person, in keeping, securing or removing property taken thereon, provided such officer shall make out a bill.

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934 time and expenses of any person, in keeping, securing or removing property taken thereon, provided such officer shall make out a bill.

The compensation for the services shall be reasonable and customary and the amount of expensesPublic andAct shallNo. be taxed by the court with the costs.

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7139 expenses and shall be taxed by the court with the costs.

(2) Except as provided in subdivision (3) of this subsection, in addition to the fee set forth in subdivision (1) of this subsection, each officerorpersonwhoservesprocessshallreceive,foreachmileoftravel, the same amount per mile as provided for state employees pursuant to section 5-141c, subject to adjustment within thirty days of any revision to the federal General Services Administration mileage reimbursement rate, to be computed from the place where such officer or person received theprocesstotheplacetheprocess totheplace ofservice, andthence inthecase ofcivil process to the place of return, provided, if more than one process is served on one person at one time by any such officer or person, the total cost of travel for such service shall be the same as for the service of one process only, except that in the case in which an officer or person is requestedorrequiredtoeffectuatein-handpersonalservice,suchofficer sHB7139shall /also Filereceive the fee set by the Department of Administrative Services for state employees for each mile of travel, subject to adjustment within thirty days of any revision to the federal General Public Act No.

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9347139 shall also receive the fee set by the Department of Administrative Services for state employees for each mile of travel, subject to adjustment within thirty days of any revision to the federal General Services Administration mileage reimbursement rate, for each round trip traveled while attempting to effectuate in-hand personal service, to be computed from the place where the process was received to the place of attempted service, and if multiple trips to effectuate service are made, back to the place where process was received and then to the place of the subsequent attempt at service, and thence in the case of civil process to the place of return, provided the officer or person shall state in the return of service that in-hand personal service was requested or required and that multiple trips were necessary to effectuate in-hand personal service.

sHB7139Public /Act File No.

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9347139 (5) Each officer or person who serves process shall also receive the moneys actually paid for fees for the disclosure or search of records of the Department of Motor Vehicles in connection with the service of process.

(a)All processshallbedirectedto astate marshal,aconstablemarshal, orothera constableorother proper officer authorized by statute, or, subject to the provisions of subsection (b) of this section, to an indifferent person.

Any indifferent person who, knowing that he is not authorized to do so under this section or any other provision of the generalstatutes, servesprocessshallbeguilty ofaclassAof aclassA misdemeanor.

(d)Public ServiceAct of motions for modification, motions for contempt and sHB7139 / File No.

93425-78 sHB713932 Fileof 35 Substitute House Bill No.

9347139 (d) Service of motions for modification, motions for contempt and wage withholdings in any matter involving child support, including, but not limited to, petitions for support authorized under sections 17b- 745 and 46b-215, and those matters involving a beneficiary of care or assistance from the state, and service of other process in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, may be made by a support enforcement officer or support services investigator of the Superior Court.

(e)Boroughbailiffsmay,withintheir respective boroughs,executeboroughs, execute all legal process which state marshals or constables may execute.

(2) Process directed to a state marshal by parties other than an attorney-at-law or public agency, as defined in section 13 of this act, including self-represented parties, which are returnable to a court, agency, board or tribunal, as the case may be, which is located in this state and is established by the general statutes or a special act, shall be delivered to such state marshal by providing the original process printed on paper and personally signed in ink by the issuing authority, along with sufficient copies for the state marshal to effectuate service, except that in matters where the process to be served is on file with the Judicial Department before delivery to a state marshal, the original processPublic deliveredAct toNo. such state marshal as prescribed by this subparagraph may be a printed copy of the process as filed with the Judicial Department.

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9347139 sHB7139process Filedelivered No.to such state marshal as prescribed by this subparagraph may be a printed copy of the process as filed with the Judicial Department.

934 (3) Process directed to a state marshal which originates from a court or public agency outside of this state, which is established under a law other than the law of this state may be transmitted to a state marshal electronically pursuant to the provisions of section 13 of this act.

Sec.Public Act No.

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7139 Sec.

Civil actions shall be commenced by legal process consisting of a writ of summons or attachment, describing the parties, the court to which it is returnable, the return day, the date and place for the filing of an appearance and information required by the Office of the Chief Court sHB7139Administrator. / File No.

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934 Administrator.

(Effective October 1, 2025) ThisGovernor's actAction: shall take effect as follows and shall amend the following sections:

SectionApproved 1June October23, 1, 2025 6-30a(a)Public Sec.Act No.

225-78 October35 1,of 202535 6-35 Sec.

3 October 1, 2025 6-38 Sec.

4 October 1, 2025 6-38a(a) Sec.

5 October 1, 2025 6-38b Sec.

6 October 1, 2025 6-38c Sec.

7 October 1, 2025 6-38d Sec.

8 October 1, 2025 6-38e Sec.

9 October 1, 2025 6-39 Sec.

10 October 1, 2025 14-10(f) Sec.

11 October 1, 2025 34-243r Sec.

12 October 1, 2025 New section Sec.

13 October 1, 2025 New section Sec.

14 October 1, 2025 46b-15(h)(1) Sec.

15 October 1, 2025 52-593a Sec.

16 October 1, 2025 4-183(c) Sec.

17 October 1, 2025 52-57(b) Sec.

18 October 1, 2025 47a-23(c) Sec.

19 October 1, 2025 47a-42(b) Sec.

20 October 1, 2025 49-22(b) Sec.

21 October 1, 2025 52-261(a) Sec.

22 October 1, 2025 52-261a(a) Sec.

23 October 1, 2025 52-50 Sec.

24 October 1, 2025 52-143(a) Sec.

25 October 1, 2025 52-45a sHB7139 / File No.

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934 Sec.

26 October 1, 2025 Repealer section sHB7139 / File No.

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934 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 26 $ FY 27 $ Department of Administrative GF - Potential 40,000 40,000 Services Cost Department of Motor Vehicles TF - Revenue Potential Potential Gain Note:

GF=General Fund;

TF=Transportation Fund Municipal Impact:

None Explanation The bill, which makes various changes affecting state marshals and service of process, results in the following fiscal impacts:

Section 8 requires the State Marshal Commission to perform audits relatedto complaintsmadeagainst state marshalswhichresultsina cost of $40,000 in FY 26 and FY 27.

Section 10 expands information sharing between state marshals and the Department of Motor Vehicles (DMV) and allows DMV to charge a fee for such service.

To the extent that DMV charges a fee, this section results in a potential revenue gain from fees.

The bill makes other changes related to state marshals which result in no fiscal impact to the state or municipalities.

House “A” makes technical changes to the underlying bill resulting in no fiscal impact.

The Out Years sHB7139 / File No.

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934 The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

sHB7139 / File No.

934 36 sHB7139 File No.

934 OLR Bill Analysis sHB 7139 (as amended by House "A")* AN ACT CONCERNING THE DUTIES OF STATE MARSHALS AND THE ACTIVITIES UNDERTAKEN BY THE STATE MARSHAL COMMISSION AND THE STATE MARSHALS ADVISORY BOARD.

TABLE OF CONTENTS:

SUMMARY §§ 1 & 9 — PERSONAL LIABILITY INSURANCE AND REQUIRED BOND Increases a state marshal’s required amount of personal liability insurance and bond;

starting January 1, 2026, requires renewed personal liability insurance policies to have annual coverage that extends from October 1 to September 30 § 2 — COLLECTION PROCEDURES Makes changes to the deadlines by which a state marshal must pay money he or she collected to the person authorized to receive it § 3 — NUMBER OF APPOINTMENTS BY COUNTY Reduces the number of state marshals appointed in each county, resulting in a total statewide reduction of 83 marshals § 4 — STATE MARSHAL DEFINED Recategorizes state marshals as appointed officials, rather than independent contractors, exclusively compensated on a fee for service basis;

specifies that they have a duty to provide legal execution and service of process, not just the authority to do so;

subjects their fee for service to both minimum and maximum established rates § 5 — STATE MARSHAL COMMISSION Makes changes to the State Marshal Commission’s duties regarding filling vacancies, issuing administrative bulletins, and adopting rules and regulations on professional standards, fitness for duty, and timely payments § 6 — STATE MARSHALS ADVISORY BOARD Changes the member selection process for the State Marshals Advisory Board and specifies its charge § 7 — STATE MARSHAL PROFESSIONAL STANDARDS Prohibits state marshals from knowingly making false or illegal return of process and makes those actions prohibited under the state marshals’ professional standards § 8 — AUDIT AND REVIEW OF RECORDS sHB7139 / File No.

934 37 sHB7139 File No.

934 Gives the State Marshal Commission access to a deceased or disabled state marshal’s trust account to turn it over to a successor marshal;

prioritizes audits when there is probable cause in a written complaint § 10 — DISCLOSURE OF PERSONAL INFORMATION BY DMV Expands information sharing between the DMV commissioner and state marshals and allows it to be done electronically for a fee § 11 — SERVICE OF PROCESS ON LIMITED LIABILITY COMPANIES Expands who may be served in actions against an LLC or registered foreign LLC § 12 — SERVICE OF PROCESS ON DOC CORRECTIONAL OFFICER OR EMPLOYEE Allows a writ of summons in a civil action against a DOC correctional officer or employee to be served upon a person the DOC commissioner designates at the facility where the officer or employee works § 13 — ELECTRONIC FORMAT TO DIRECT PROCESS Generally allows an attorney-at-law or public agency to direct process to a state marshal electronically in certain cases;

establishes requirements for things such as format, content, and fees;

gives state marshals immunity from civil liability § 14 — SERVICE OF PROCESS FOR RESTRAINING ORDERS Allows a civil restraining order applicant to transmit the hearing notice and other required documents electronically to a proper officer for service;

subjects them to certain provisions of the bill’s new electronic transmittal of process § 15 — PROCESS SERVED AFTER THE LIMITATION PERIOD Specifies that process to be served after the statute of limitations has expired must be printed on paper and personally signed § 16 — SERVICE OF APPEAL OF AGENCY DECISION Requires service of appeals of final agency decisions to be made by a state marshal in the same way as complaints are served in ordinary civil actions;

eliminates the option of U.S.

mail or personal service by proper officers or indifferent persons § 17 — SERVICE OF PROCESS RELATED TO MUNICIPALITIES Expands the list of people who may be served process in civil actions when the defendant is a town, city, or borough or certain related persons or entities §§ 18-20 — CIVIL PROCESS RELATED TO EVICTIONS AND FORECLOSURES Makes changes related to the service of an eviction notice;

clarifies the requirements for notice to the town in executing evictions and foreclosure ejectments;

requires Judicial Department- prescribed execution forms to include notice that a person who fails to leave the property after being told to do so when a state marshal returns to execute the order may be subject to 1st degree criminal trespass §§ 21 & 22 — STATE MARSHALS’ MILEAGE REIMBURSEMENT RATE Subjects the DAS-based mileage reimbursement rate that officers receive for serving process to adjustments within 30 days after any revisions of the federal GSA mileage reimbursement rate sHB7139 / File No.

934 sHB7139 File No.

934 § 23 — PROCESS DIRECTED TO A STATE MARSHAL Makes corresponding changes in the law on how process must be directed to a state marshal to reflect who can use the bill’s new electronic format §§ 24 & 25 — SUBPOENAS FOR WITNESSES AND COMMENCEMENT OF CIVIL PROCESS Specifically requires a Superior Court commissioner to sign subpoenas for witnesses and writs for civil actions personally in ink by hand;

allows judges, clerks, and authorized employees to do so by hand;

authorizes the chief court administrator to prescribe an alternative for subpoenas and writs involving court employees § 26 — REPEALER Repeals an obsolete provision that previously allowed high sheriffs to apply for appointment as a state marshal SUMMARY This bill makes various changes in statutes affecting state marshals and service of process.

A section-by-section analysis appears below.

It also makes minor, technical, and conforming changes.

*House Amendment “A” principally (1) specifies that state marshals have a duty to provide execution and service of process, (2) provides that their fee is subject to both the minimum and maximum established rates, and (3) requires the judicial branch’s eviction and ejectment notices to specify that failure to leave when told to do so when the state marshal returns for the action constitutes 1st degree criminal trespass.

EFFECTIVE DATE:

October 1, 2025 §§ 1 & 9 — PERSONAL LIABILITY INSURANCE AND REQUIRED BOND Increases a state marshal’s required amount of personal liability insurance and bond;

starting January 1, 2026, requires renewed personal liability insurance policies to have annual coverage that extends from October 1 to September 30 Personal Liability Insurance (§ 1) The bill increases the amount of personal liability insurance each marshal must carry for damages caused by their tortious acts (see below) as follows:

1.

from $100,000 to $250,000, for damages caused to any one person sHB7139 / File No.

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934 or any one person’s property and 2.

from $300,000 to $500,000, for damages caused to more than one person or more than one person’s property.

Starting January 1, 2026, when renewing a personal liability insurance policy, the bill requires that the policy have a renewal date and a term of coverage starting on October 1of each year and extending through September 30 of the following year.

Under existing law, unchanged by the bill, a “tortious act” is generally a negligent act, error, or omission for which a state marshal may become legally obligated to pay damages if committed while making or attempting to make an arrest or against a person under arrest (e.g., false arrest or imprisonment).

Bond Amount (§ 9) The bill increases, from $10,000 to $100,000, the bond amount that each state marshal must give the State Marshal Commission before starting their duties.

By law, unchanged by the bill, the state pays the premium for the bond.

Existing law, unchanged by the bill, also requires a state marshal to execute a $100,000 bond before he or she can collect tax warrants for the state or a municipality.

§ 2 — COLLECTION PROCEDURES Makes changes to the deadlines by which a state marshal must pay money he or she collected to the person authorized to receive it The bill makes changes to the deadlines by which a state marshal must pay the person authorized to receive money collected on behalf of someone.

Under current law, a state marshal must do so within 30 calendar days after collecting the money or upon collecting $1,000 or more, whichever is earlier.

The bill requires the state marshal to do so within calendar days after collecting the money, regardless of the dollar sHB7139 / File No.

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934 amount.

The bill also establishes a new time frame and requirements for money collected through a personal check instead of the default 30 days noted above.

In these cases, the state marshal must expeditiously deposit the check into the marshal’s noninterest-bearing trustee account and pay the money to the person within 45 days after the personal check was collected.

As under current law, the bill allows the state marshal and the person to agree to a payment deadline different from that specified by the law, including for personal checks.

Bylaw,astatemarshalwhodoesnotcomply withtheserequirements or an agreement, as applicable, is liable to the person for interest at a rate of 5% per month from the date on which the state marshal received the money.

§ 3 — NUMBER OF APPOINTMENTS BY COUNTY Reduces the number of state marshals appointed in each county, resulting in a total statewide reduction of 83 marshals The bill reduces the number of state marshals to be appointed in each county as shown in the table below, resulting in a decrease of 83 appointments statewide (from 318 to 235).

Table:

State Marshals To Be Appointed in Each County County Appointments Under Appointments Under the Bill Current Law Hartford 72 62 New Haven 62 55 New London 38 20 Fairfield 55 55 Windham 18 7 Litchfield 30 13 Middlesex 21 13 Tolland 22 10 Total 318 235 sHB7139 / File No.

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934 § 4 — STATE MARSHAL DEFINED Recategorizes state marshals as appointed officials, rather than independent contractors, exclusively compensated on a fee for service basis;

specifies that they have a duty to provide legal execution and service of process, not just the authority to do so;

subjects their fee for service to both minimum and maximum established rates Under current law, a “state marshal” is a qualified deputy sheriff incumbent on June 30, 2000, or appointed by the State Marshal Commission, who (1) has authority to provide legal execution and service of process in the state counties as an independent contractor and (2) is compensated on a fee for service basis, determined subject to any minimumratepromulgatedbythestate,byagreementwithanattorney, court or public agency requiring execution or service of process.

The bill no longer regards state marshals as independent contractors, but instead categorizes them as officials who are exclusively compensated on a fee for service basis by agreement with an attorney, court, or public agency requiring execution or service of process.

Under the bill, the fee is subject to any minimum or maximum rate the state establishes, instead of only a minimum rate.

It also specifies that a state marshal has the duty, and not only the authority, to provide legal execution and service of process in the state’s counties.

§ 5 — STATE MARSHAL COMMISSION Makes changes to the State Marshal Commission’s duties regarding filling vacancies, issuing administrative bulletins, and adopting rules and regulations on professional standards, fitness for duty, and timely payments The bill makes changes to the State Marshal Commission’s duties regarding filling vacancies, issuing administrative bulletins, and adopting rules and regulations on professional standards, fitness for duty, and timely payments.

Professional Standards and Fitness for Duty By law, the State Marshal Commission, in consultation with the State Marshals Advisory Board, must adopt regulations to establish professionalstandardsfor marshals.Under current law,these standards sHB7139 / File No.

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934 must include training requirementsandminimumfees for the execution and service of process.

The bill expands this by requiring the commission to adopt regulations to establish (1) residency requirements and (2) duty fitness and annual certification requirements for state marshals over age 72.

The billspecifiesthat state marshalsmust bear theexpense associated with any fitness for duty certification adopted by the commission under the regulations.

Filling Vacancies Current law requires the commission to fill any vacancy for a state marshalpositionwithanapplicantwhoisanelectorinthecountywhere the vacancy occurs.

The bill further requires that the applicant’s permanent place of abode, domicile, and residence also be in the county where the vacancy occurred.

Under current law, the applicant for the vacancy must be subject to the commission’s application and investigation requirements under regulations the commission must adopt.

The bill additionally subjects the applicant to the commission’s examination and bonding requirements and requires the commission to adopt related regulations.

Restraining Order and Timely Payment Rules The law requires the commission to adopt rules necessary for conducting its internal affairs in consultation with the judicial branch, including rules on providing timely, consistent, and reliable access to a state marshal for individuals applying for a restraining order.

The bill requires the commission to also provide this for individuals applying for civil protection orders.

Additionally, under the bill, these rules must also provide for the Judicial Department’s timely payment to state marshals following existing law on timely payments by state agencies.

Generally, payment is considered timely if a check or warrant is mailed or delivered on the date specified for the amount specified in the sHB7139 / File No.

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934 applicable contract documents, or, if no date is specified, within 45 days after receipt of a properly completed claim or receipt of goods and services, whichever is later.

Delayed payments must include interest (CGS § 4a-71).

Administrative Bulletins The bill also requires the commission, at least quarterly, to issue administrative bulletins to state marshals on topics concerning service of process and legal execution.

The bulletins must at least cover:

1.

changes to state law affecting the state marshals’ duties;

2.

topics that refresh state marshals’ knowledge in subject matter areas affecting their duties;

3.

topics concerning state marshals’ safety and professionalism when interacting with the public;

and 4.

topics relating to the nature of complaints filed against state marshals with the State Marshal Commission.

§ 6 — STATE MARSHALS ADVISORY BOARD Changes the member selection process for the State Marshals Advisory Board and specifies its charge The bill changes how members are selected for the State Marshals Advisory Board.

It also specifies that the board is established to advise and make recommendations to the State Marshal Commission and to consider matters referred to it from the commission.

Under current law, between November 9 and November 14, the state marshals in each county must annually elect a specified number of marshals in the county to serve on the board.

The bill expands the annual selection window to between November 1 and November 20 each year and eliminates provisions that specifically address the current selection process.

It instead requires the boardto adopt rules as it deems necessary to conduct its elections and internal affairs, including procedures for selecting a chairperson and other officers, as may be sHB7139 / File No.

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934 necessary, from the board’s members.

Additionally, the bill requires the board to hold an annual meeting in December to select two state marshals to be appointed as ex-officio members of the State Marshal Commission for a one-year term.

The board must also fill any vacancies in these appointments for the remainder of the term.

§ 7 — STATE MARSHAL PROFESSIONAL STANDARDS Prohibits state marshals from knowingly making false or illegal return of process and makes those actions prohibited under the state marshals’ professional standards Current law prohibits a state marshal from knowingly billing for, or receiving fees for, work that he or she did not do.

The bill also prohibits a state marshal from (1) allowing another person to serve process in his or her place or (2) knowingly making a false or illegal return of process.

The bill makes any violation under current law or the bill without good cause sufficient to convene the commission for a hearing on the state marshal’s removal.

§ 8 — AUDIT AND REVIEW OF RECORDS Gives the State Marshal Commission access to a deceased or disabled state marshal’s trust account to turn it over to a successor marshal;

prioritizes audits when there is probable cause in a written complaint Periodic Audits By law, the State Marshal Commission must periodically review and audit state marshal records and accounts.

When doing so, the bill requires the commission to prioritize an audit when it finds there is probable cause relating to a written complaint against a state marshal about the collection of money under an execution or warrant.

As under existing law, information obtained by the commission from these audits is confidential and not subject to disclosure under the Freedom of Information Act.

Death or Disability of a State Marshal Under current law, upon a state marshal’s death or disability, the sHB7139 / File No.

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934 commission must appoint a qualified individual to oversee and audit the state marshal’s records and accounts and render an accounting to the commission.

The bill requires the commission to do so within 30 days after the death or disability.

Upon the death or disability of a state marshal, the bill authorizes the commission, through a letter signed by its chairperson, to direct any financial institution with access to, or custody of, financial accounts the state marshal used to collect money under tax collection and civil action law to turn over the accounts to a successor state marshal the commission appoints.

Under the bill, if any person or financial institution refuses to comply with the order, the commission must certify the facts relating to the noncompliance to the attorney general, which must apply to the Superior Court for an order compelling compliance.

§ 10 — DISCLOSURE OF PERSONAL INFORMATION BY DMV Expands information sharing between the DMV commissioner and state marshals and allows it to be done electronically for a fee Current law allows the Department of Motor Vehicles (DMV) commissioner to disclose personal information from a motor vehicle record to state marshals performing their duties by fax and other means the DMV commissioner may require.

The bill explicitly allows the information to be requested and provided electronically instead of by fax.

It also explicitly expands information sharing between DMV and state marshals by allowing the commissioner to do the following:

1.

disclose operator photos and records produced by providing an operator’slicense number,number plate,orvehicleidentification number;

2.

use the department’s existing electronic system to transmit the records;

and sHB7139 / File No.

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934 3.

charge a state marshal a reasonable annual fee for access to the records and for using the electronic system.

§ 11 — SERVICE OF PROCESS ON LIMITED LIABILITY COMPANIES Expands who may be served in actions against an LLC or registered foreign LLC The bill expands who may be served process in any action against a limited liability company (LLC) or registered foreign LLC.

Under current law, an LLC or registered foreign LLC may be served with any process, notice, or demand required or permitted by law by any proper officer or other person lawfully empowered to make service leaving a true and attested copy with the company’s registered agent or at his or her usual place of abode in Connecticut.

The bill expands this by allowing service to be made upon the company’s manager or employee or at his or her usual place of abode in Connecticut.

The bill also specifies that existing law that allows service upon the company’s registered agent at the usual place of abode specifically applies when the agent is a natural person.

If theLLCor registeredforeignLLCceases to have a registeredagent, or if the agent cannot be served with reasonable diligence, current law allows service to be made to the LLC’s principal office.

The bill also authorizes service to the LLC’s mailing address and requires this address to be included in the most recent annual report that must be submitted by law to the secretary of the state.

Lastly,iftheprocess,notice,ordemandcannotbeservedasdescribed above, current law allows service to the individual in charge of any regular place of business or activity of the LLC (if the individual served is not a plaintiff in the action).

The bill additionally specifies that service to the LLC’s manager is sufficient under this provision.

§ 12 — SERVICE OF PROCESS ON DOC CORRECTIONAL OFFICER OR EMPLOYEE sHB7139 / File No.

934 47 sHB7139 File No.

934 Allows a writ of summons in a civil action against a DOC correctional officer or employee to be served upon a person the DOC commissioner designates at the facility where the officer or employee works The bill allows a writ of summons in a civil action naming a Department of Correction (DOC) correctional officer or employee to be served upon a person the DOC commissioner designates at the facility where the correctional officer or employee is assigned.

The designated person must act as the agent of the person named in the writ.

Under the bill, service upon the commissioner’s designated agent must be deemed to be service upon the correctional officer or employee.

The bill’s provisions do not apply when service can be made as in actions against the state (e.g., served upon the attorney general).

When service cannot be made as in actions against the state, the bill specifies that its provisions must not be construed as the exclusive or required means of serving a DOC correctional officer or employee.

§ 13 — ELECTRONIC FORMAT TO DIRECT PROCESS Generally allows an attorney-at-law or public agency to direct process to a state marshal electronically in certain cases;

establishes requirements for things such as format, content, and fees;

gives state marshals immunity from civil liability Directing Process in Electronic Format Allowed in “Special Occasions” The bill allows an attorney-at-law or public agency (see below) to direct process to a state marshal electronically on any special occasion so long as the attorney or agency carries out the required actions below.

This applies to any writ, summons, complaint, subpoena, attachment, execution, application, order, notice, motion, or petition.

Under the bill, a “special occasion” is a time when a party authorized to electronically transmit process to a state marshal determines it to be necessary, convenient, or desirable to use the bill’s electronic format, subject to a fee as prescribed by the bill, instead of giving the state marshal an original process printed on paper, along with sufficient copies for service of process.

An “attorney-at-law” is an attorney admitted to practice law in Connecticut, another state, district, territory orinsularpossessionoftheUnitedStates,foreigncountry,orinaUnited sHB7139 / File No.

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934 Statesfederalor tribalcourt.

It includes someone duly authorizedby the attorney-at-law to transmit documents to a state marshal following the bill’s provisions on theelectronic format.

A “public agency” is generally any executive, administrative, or legislative office of the state or any of its political subdivisions;

any person to the extent the person is deemed to be the functional equivalent of a public agency under law;

or any implementing agency.

It also includes a quasi-public agency and an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of another state or of a county, municipality, or other political subdivision of another state.

Required Actions of Attorney-at-Law or Public Agency.

The electronically transmitted process must clearly and accurately provide an image of the original process, including the signature of the issuing authority.

The attorney-at-law or public agency must also do the following:

1.

obtain the state marshal’s permission before transmitting the process electronically for service;

2.

transmit each process to the state marshal in one electronic file per process, in a letter-sized document, in a portable document format (see below) that contains all pages of the document to be served, collated in theproper order for which the attorney-at-law or public agency is directing the state marshal to serve, so that the state marshal may print one electronic file per process without the need to collate, assemble, or print multiple electronic documents in a particular matter before making service;

3.

electronically transmit to the state marshal a letter, electronic mail, or written instruction for service for each process to be served that succinctly provides the necessary information required for the state marshal to make legal service (see Information Required on the Electronic Submission below);

4.

in matters involving service of orders of protection and relief or where personalservice isrequested, electronically transmit to the sHB7139 / File No.

934 sHB7139 File No.

934 state marshal information about the profile of the person to be served, when known and available;

5.

retain the original process that has been electronically transmitted to the state marshal, and when filed with the court, agency, board, or tribunal, as the case may be, where the process is to be returned, cause the same document that was electronically transmitted to the state marshal for service to be filed without any alteration or amendment;

and 6.

file amended process (see below) where amendments are made to the process by a state marshal at the time of service.

An attorney-at-law or public agency may not electronically transmit the same process to more than one state marshal for service.

Under the bill, a “portable document format” is an electronic file format that facilitates document exchange;

is designed to be independent of the software, hardware, and operating systems used to create the document;

and preserves the fonts, formatting, pagination, and graphics of the source document, allowing the document to be viewedasitwasintendedtoappearregardlessofthedeviceorplatform.

“Amended process” is, at the direction of the issuing authority, changes made by a state marshal to a process to modify, adjust, or correct minor, technical, clerical, typographical, or scrivener’s errors or conforming changes made during service of process, including adjustments made to a party’s name, alias, agent, or addresses;

the court;

or the return date of the process.

Information Required on the Electronic Submission Information electronically transmitted to the state marshal must include a photo or the person’s physical description and the person’s age or date of birth;

telephone numbers;

known places they spend time;

employer, work location, and working hours;

and vehicles, including make, model, and plate numbers.

It must also include any safety concerns about the person when making service.

sHB7139 / File No.

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934 The information may be provided by using the respondent profile form, which is accessible electronically on the judicial branch’s website.

Electronically Transmitted Process Deemed Original Document Under the bill, process that an attorney-at-law or public agency electronically transmits to a state marshal for service under the bill must be deemed to be an original document in the hands of a state marshal for service where any provision of the general statutes requires a state marshal to serve a true and attested copy of any process.

State Marshal’s Requirements The bill does not require state marshals to accept process in an electronic format, unless otherwise required by law.

They may voluntarily elect to receive the electronic transmission of process at the request of an attorney-at-law or public agency, subject to the bill’s provisions and prescribed fees (see below).

In these cases, the state marshals must maintain and monitor an email address for this purpose.

Under the bill, when printing the documents for service under these provisions, a state marshal must print them on letter-sized paper.

When making service, the state marshal is not required to send printed documents or a printed return of service back to the attorney-at-law or public agency.

The state marshal, however, must electronically transmit the marshal’s return of service to the attorney-at-law or public agency.

The bill requires that if the process was amended by a state marshal at the time of service, the amended process must also be returned.

Electronic Format Not Permitted Based on Number of Pages Generally, an attorney-at-law or public agency must not transmit process to a state marshal in an electronic format if the number of (1) pages to be printed in any one matter for all parties to be served exceeds pages in total or (2) processes for separate matters to be transmitted exceeds five within one week.

The bill allows a state marshal and an attorney-at-law or public agency to agree to a different number of processes or pages to be sHB7139 / File No.

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934 accepted by electronic transmission.

Electronic Format Prohibited Current law, unchanged by the bill, allows a 30-day grace period from the statute of limitations if process is provided by personal delivery to a state marshal before the statute of limitations expires.

This grace period does not apply when process is provided electronically under the bill.

In a matter in which a statute of limitations is tolling within 60 days, process must only be delivered to a state marshal for service as original process, printed on paper, and personally signed in ink by the issuing authority, along with sufficient copies for the state marshal to effectuate service.

Receipt and Rejection of Process by a State Marshal Receipt of Process.

Receipt of electronic process under the bill occurs when the state marshal replies to the attorney-at-law or public agency that transmitted the process.

Rejection of Process.

Within two business days after receiving electronic process, the state marshal may reject it if the:

1.

process does not include the required information or is not formatted or organized correctly, among other things;

2.

process is not signed, or is out of order;

3.

process is not received in a clear and legible format, or cannot be accessed electronically;

4.

lawful deadline for service of the process cannot reasonably be met;

or 5.

number of pages or processes to be printed exceeds the limit the bill sets (see above).

A state marshal must notify the attorney-at-law or public agency by sHB7139 / File No.

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934 email about the rejection of electronic process for service.

Under the bill, a “business day” is any day other than a Saturday, Sunday, or day on which a financial institution is closed as required or authorized by state or federal law.

State Marshal’s Fee Under the bill, state marshals must receive fees for receiving, handling, and printing anelectronicprocess.These feesare not ataxable cost of the action and must be listed on the state marshal’s return of service under a separate total segregated from other fees.

In any one matter electronically transmitted for service under the bill, a state marshal must receive for each process, regardless of the number of persons to be served, a $50 fee for receiving and handling electronic process for service.

A state marshal must also receive a $1 per page printing fee.

A state marshal receiving and printing an electronic process must chargethefeessetbybillabove.Thefeesmustnotbeadjustedorwaived and are not subject to a minimum rate promulgated by the state.

The state marshal’s receiving, handling, and printing fees must not be considered a fee for copies of writs and complaints and must be in addition to any such fee payable to the officer serving process.

Fee Exemption.

The fees for receiving, handling, and printing electronically transmitted process do not apply and cannot be charged for the following:

1.

transmitting and printing executions for evictions and post judgment procedures, 2.

warrants issued for local levy and tax collection, 3.

execution of ejectments on foreclosure judgments, 4.

service of process under a waiver of fees, sHB7139 / File No.

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934 5.

capias mittimus orders, or 6.

orders of protection and relief.

Immunity From Liability Under the bill, a state marshal is not liable for damage, errors, or omissions related to the electronic transmission, receipt, printing, or filing of electronically transmitted process, including the following:

1.

missing pages in the transmission;

2.

failure to receive the electronic transmission due to electronic or technical malfunctions, or other similar errors;

or 3.

erroneous service of process due to the attorney-at-law’s or public agency’s failure to comply with the bill’s provisions.

§ 14 — SERVICE OF PROCESS FOR RESTRAINING ORDERS Allows a civil restraining order applicant to transmit the hearing notice and other required documents electronically to a proper officer for service;

subjects them to certain provisions of the bill’s new electronic transmittal of process The law allows any family or household member who is the victim of domestic violence by another family or household member to apply to the Superior Court for a civil restraining order.

If the court issues an ex- parte order (i.e.

without a hearing) the applicant must notify the respondent about the hearing date.

The bill allows the civil restraining order applicant to transmit the hearing notice and other required documents electronically to a proper officer for service, subject to certainprovisionsthat apply to anattorney- at-law or public agency that directs process electronically under the bill’s new electronic format (see § 13 above).

Specifically, it applies the provisions that:

1.

establish the format, organization, and required content;

2.

prohibit the electronic transmission of the same process to more than one officer for service;

sHB7139 / File No.

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934 3.

deem process that is sent electronically to be an original document in the hands of a state marshal for service;

4.

establish how electronic process must be received by the state marshal and the timing and conditions under which it can be rejected;

and 5.

give state marshals immunity from liability in receiving and performing the process.

The bill requires restraining order applicants to also include the respondent profile form on the judicial branch’s website.

Additionally, the bill prohibits an officer serving process from charging any kind of fee directly to a restraining order applicant.

Under existing law, unchanged by the bill, the judicial branch is responsible for paying these fees.

§ 15 — PROCESS SERVED AFTER THE LIMITATION PERIOD Specifies that process to be served after the statute of limitations has expired must be printed on paper and personally signed By law, a cause or right of action is not lost due to the expiration of the statute of limitations if the process to be served is personally delivered to a state marshal, constable, or other proper officer before the statute of limitation expires and the process is served, as provided by law, within 30 days after it was delivered to the marshal.

The bill specifies that under this provision the “process to be served” is the original process printed on paper and personally signed in ink by the issuing authority, along with sufficient copies for service.

In doing so, it excludes from this provision any process that is directed in electronic format under the bill in a cause or right of action as described above.

§ 16 — SERVICE OF APPEAL OF AGENCY DECISION Requires service of appeals of final agency decisions to be made by a state marshal in the same way as complaints are served in ordinary civil actions;

eliminates the option of U.S.

mail or personal service by proper officers or indifferent persons sHB7139 / File No.

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934 By law, someone who has exhausted all administrative remedies available withinanagency andwho is aggrievedby a finaldecision may appeal to the Superior Court.

The law requires the person appealing to, within specified time periods, (1) serve a copy of the appeal on the agency that rendered the final decision at its office or at the attorney general’s office in Hartford, (2) file the appeal with the clerk at specific judicial districts of the superior court, and (3) serve a copy of the appeal on each party listed in the final decision at the address shown in the decision.

Under current law, service of the appeal must be made by (1) U.S.

mail, certified or registered, postage prepaid, return receipt requested, without the use of a state marshal or other officer or (2) personal service by a proper officer or indifferent person (i.e.

someone who is not a proper officer and is not involved in the case) in the same manner as complaints are served in ordinary civil actions.

Under the bill, service of the appeal must be made by a state marshal in the same manner as complaints are served in ordinary civil actions.

The bill eliminates the option of mail or personal service by proper officers or indifferent persons.

In a conforming change, the bill also eliminates a provision under current law specifying that if service of the appeal is made by mail, it is effective when the appeal is deposited in the mail.

§ 17 — SERVICE OF PROCESS RELATED TO MUNICIPALITIES Expands the list of people who may be served process in civil actions when the defendant is a town, city, or borough or certain related persons or entities As shown in the table below, the bill expands the list of people who may be served process in civil actions when the defendant is certain municipal entities or employees.

It primarily does so by adding the assistant and deputy clerks, among others, as applicable.

Table:

Additional Persons Who May Receive Process sHB7139 / File No.

934 56 sHB7139 File No.

934 Persons Who May Receive Additional Persons Who Service in Civil Actions Against the Following:

Process Under Current May Receive Process Law Under the Bill • Clerk Town • Assistant clerk • Deputy clerk • Manager • One of its Selectmen • Clerk City • Assistant clerk • Deputy clerk • Mayor • Manager • Manager • Clerk Borough • Assistant clerk • Deputy clerk • Warden • One of its Burgesses • Assistant clerk • Deputy clerk • Clerk • Superintendent School District • One of its committees • Assistance superintendent • Deputy superintendent A board, commission, • Assistant clerk department, or agency of a • Clerk town, city, or borough • Deputy clerk Municipal or Quasi- • Clerk • Assistant clerk • Chief presiding officer Municipal Corporation • Managing agent • Deputy clerk Employee of a town, city, or borough • Assistant clerk (cause of action arising from Clerk • Deputy clerk duties or employment) §§ 18-20 — CIVIL PROCESS RELATED TO EVICTIONS AND FORECLOSURES Makes changes related to the service of an eviction notice;

clarifies the requirements for notice to the town in executing evictions and foreclosure ejectments;

requires Judicial Department-prescribed execution forms to include notice that a person who fails to leave the property after being told to do so when a state marshal returns to execute the order may be subject to 1st degree criminal trespass Notice to Quit Possession (§ 18) sHB7139 / File No.