Robin's Ruminations

With the passage into law of the requirement that process servers in Washington, who serve for a fee, must be a resident of Washington, questions have arisen as to exactly what it means to be a resident.  Gary Turpen (owner of Gary's Process in Renton) gave me some information he found on the Department of Revenue's website.  To read the original just click here.

For DoR purposes a person is a resident of the state if they meet any one of the following 9 tests.  NOTE:  For DoR's purposes, a person may be a resident of more than one state.

1.  Maintains a residence in Washington for personal use.  This is interesting in that it raises the question of what constitutes a "residence."

2.  Lives in a motor home or vessel which is not permanently attached to any property if the person previously lived in this state and does not have a permanent residence in any other state.  Hmmm, OK.

3.  Is registered to vote in this state.  But I think being registered to vote requires being a resident.  Circular logic?  Perhaps.  Looks like more research is needed here.

4.  Receives benefits under one of Washington's public assistance programs.  Ditto #2 above.

5.  Has a state professional or business license in this state.  Now this is truly interesting.  So a person could live in another state, but have a business license in Washington, and would be considered a Washington resident based on that license.

6.  Is attending school in this state and paying tuition as a Washington resident or is a custodial parent with a child attending a public school in this state.  Ditto #2 again.

7.  Uses a Washington address for federal or state taxes.  Another very interesting item.  So a person could live in another state but use a Washington address to pay taxes and therefore be considered a Washington resident.  

8.  Has a Washington State driver's license.  OMG, more homework.  Now I need to look up how the Department of Licensing issues driver licenses.

9.  Claims Washington as a residence for obtaining a hunting or fishing license, eligibility to hold public office or for judicial actions.  A final ditto on #2.

A couple of things to keep in mind.  This information only applies to the way the Department of Revenue looks at residency.  Also, it must apply to the person doing the actual service, i.e. the person whose signature will be on the proof of service.

I'll see what I can do to find out how other parts of state government look at residency.