To repeal section 506.145, RSMo 1994, relating to service of process, and to enact in lieu thereof seven new sections relating to the same subject, with an effective date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 506.145, RSMo 1994, is repealed and seven new sections enacted in lieu thereof, to be known as sections 506.145, 1, 2, 3, 4, 5 and 6, to read as follows:

506.145. Any [person] special process server authorized to [issue or] serve process pursuant to sections 1 to 6 of this act is authorized to carry a concealed firearm[, the provisions of any other law to the contrary notwithstanding.] while actually engaged in the service of process, if such person has passed an annual firearms qualification test approved or administered by the county sheriff of the person's residence or, if a nonresident of this state, by a county sheriff of any county of this state. The cost of a firearms qualification test required by this section shall be paid by the person taking the test. Nothing in this section shall be construed to affect the lawful rights of any peace officer as defined in section 590.100, RSMo, to carry a firearm.

     Section 1. 1. No person may be appointed by any circuit court in this state to serve process in this state or outside this state unless such person holds a current valid license and identification card to serve process issued pursuant to sections 1 to 6 of this act.

     2. Any person issued a license pursuant to sections 1 to 6 of this act shall show the person's identification card, as provided in section 4 of this act, to the court and when serving process on any person.

     Section 2. 1. Sheriffs in all counties and in any city not within a county shall issue licenses to persons who apply to serve process if such person:

     (1) Is a resident of the county or a nonresident of the state;

     (2) Has a high school diploma or general education degree equivalent;

     (3) Has not been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution of any felony in any state or the United States;

     (4) Has passed a training course for service of process approved by the department of public safety, as provided in section 3 of this act; and

     (5) Pays an annual license fee of two hundred dollars if a Missouri resident or pays an annual license fee of three hundred dollars, if the person is a nonresident.

     2. The sheriff in each county and in any city not within a county shall establish procedures for the application, initial licensing and for annual renewal of licenses issued pursuant to sections 1 to 6 of this act.

     Section 3. 1. The department of public safety shall establish by rules the requirement for a training course for service of process. Any sheriff may establish a training course and submit it to the department of public safety for approval. The sheriff of any county or city not within a county is not required to establish and administer a training course in any city or county, and any sheriff may require applicants to attend an approved course in any other county.

     2. No rule or portion of a rule promulgated pursuant to the authority of sections 1 to 6 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 4. The department of public safety shall design and provide to the sheriffs licenses to be issued pursuant to sections 1 to 6 of this act. The department shall also design and provide to the sheriffs identification cards to be provided to all persons licensed pursuant to sections 1 to 6 of this act. The licenses and identification cards shall be signed by the sheriff and the presiding circuit court judge, or the sheriff's or judge's designee, in the county where the license is issued.

     Section 5. The sheriff, with the approval of the presiding circuit court judge or the judge's designee, may revoke a license to serve process issued pursuant to sections 1 to 6 of this act, if the person:

     (1) Misrepresents the person's duty or authority;

     (2) Has been convicted, or entered a plea of guilty or nolo contendere, of any felony in any state or of the United States;

     (3) Has improperly used a license issued pursuant to sections 1 to 6 of this act; or

     (4) Has possessed a badge in violation of section 1 of this act.

     Section 6. 1. The sheriff shall file with the circuit court in the sheriff's county a current list of all persons licensed in the sheriff's county to serve process.

     2. No service of process made by an appointed process server who does not hold a current valid license issued pursuant to sections 1 to 6 of this act shall be void if the court made the appointment in good faith without knowledge that the license was not valid.

     Section B. Section A of this act shall become effective January 1, 1998.