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REFERENCE TITLE: secured residential communities; process servers |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1088 |
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Introduced by Senator Kavanagh
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AN ACT
amending title 33, chapter 9, article 3, Arizona Revised Statutes, by adding section 33‑1262; amending title 33, chapter 16, article 1, Arizona Revised Statutes, by adding section 33‑1819; amending title 33, chapter 17, article 1, Arizona Revised Statutes, by adding section 33-1908; relating to process servers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 9, article 3, Arizona Revised Statutes, is amended by adding section 33-1262, to read:
33-1262. Process servers; access to condominiums; prohibited disclosure; civil penalty
A. An association or its agent shall allow a process server to access the common elements of a condominium to serve process as follows:
1. By entering the common elements of the condominium through any open gate to serve process.
2. If a security guard or another person is present at the entrance to the common elements, on presentation by the process server of the process server's identification and the service of process to the security guard or other person.
3. If access to the common elements of the condominium is restricted by a locked, unattended gate, on the process server's sending by registered mail to the association or its agent a copy of the process server's identification and a copy of the service of process.
b. A security guard or any other employee or agent of an association is prohibited from notifying the person who lives in the condominium that a process server is attempting to serve that person with service of process.
c. The attorney general or the county attorney for the county in which an alleged violation of subsection B of this section occurred may serve on the person an order requiring compliance with this section and may assess a civil penalty of not more than two hundred fifty dollars per violation.
Sec. 2. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1819, to read:
33-1819. Process servers; access to planned communities; prohibited disclosure; civil penalty
A. An association or its agent shall allow a process server to access a planned community to serve process as follows:
1. By entering the planned community through any open gate to serve process.
2. If a security guard or another person is present at the entrance to the planned community, on presentation by the process server of the process server's identification and the service of process to the security guard or other person.
3. If access to the planned community is restricted by a locked, unattended gate, on the process server's sending by registered mail to the association or its agent a copy of the process server's identification and a copy of the service of process.
b. A security guard or any other employee or agent of an association is prohibited from notifying the person who lives in the planned community that a process server is attempting to serve that person with service of process.
C. The attorney general or the county attorney for the county in which an alleged violation of subsection B of this section occurred may serve on the person an order requiring compliance with this section and may assess a civil penalty of not more than two hundred fifty dollars per violation.
Sec. 3. Title 33, chapter 17, article 1, Arizona Revised Statutes, is amended by adding section 33-1908, to read:
33-1908. Process servers; access to gated or secured apartment communities; prohibited disclosure; civil penalty; definition
A. An owner or managing agent of a gated or secured apartment community shall allow a process server to access the gated or secured areas OF an apartment community to serve process as follows:
1. By entering the gated or secured areas through any open gate or door to serve process.
2. if a security guard or another person is present at the entrance to the gated or secured area, on presentation by the process server of the process server's identification and the service of process to the security guard or other person.
3. If access to the gated or secured area of the apartment community is restricted by a locked, unattended gate or door, on the process server's sending by registered mail to the owner or managing agent a copy of the process server's identification and a copy of the service of process.
B. A security guard or any other employee or agent of an owner or managing agent is prohibited from notifying the person who lives in the apartment community that a process server is attempting to serve that person with service of process.
C. The attorney general or the county attorney for the county in which an alleged violation of subsection b of this section occurred may serve on the person an order requiring compliance with this section and may assess a civil penalty of not more than two hundred fifty dollars per violation.
D. For the purposes of this section, "apartment community" has the same meaning prescribed in section 40‑360.21.