H-4743.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 2284

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By House Committee on Local Government (originally sponsored by Representatives Haugen, Horn, Paris and May)

 

Read first time 02/07/92.  Revising provisions relating to county law libraries.


     AN ACT Relating to counties; amending RCW 27.24.010, 27.24.020, 27.24.040, 27.24.062, 27.24.066, 27.24.067, 27.24.070, and 3.62.060; adding a new section to chapter 3.62 RCW; adding a new section to chapter 2.56 RCW; and repealing RCW 27.24.050, 27.24.060, 27.24.063, 27.24.064, and 27.24.065.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 27.24.010 and 1919 c 84 s 1 are each amended to read as follows:

     ((In)) Each county ((having)) with a population of ((three hundred)) eight thousand or more ((there)) shall ((be)) have a county law library, which shall be governed and maintained as hereinafter provided.

 

     Sec. 2.  RCW 27.24.020 and 1919 c 84 s 2 are each amended to read as follows:

     ((There shall be in)) (1) Every ((such)) county with a population of three hundred thousand or more must have a board of law library trustees consisting of five members to be constituted as follows:  The chairman of the ((board of)) county ((commissioners shall be)) legislative authority is an ex officio ((a)) trustee, ((and)) the judges of the superior court of the county shall choose two of their number to be trustees, and the members of the county bar association shall choose two members of the bar of the county to be trustees.

     (2) Every county with a population of eight thousand or more but less than three hundred thousand must have a board of law library trustees consisting of five members to be constituted as follows:  The chairman of the county legislative authority is an ex officio trustee, the judges of the superior court of the county shall choose one of their number to be a trustee, and the members of the county bar association shall choose three members of the county to be trustees.  If there is no county bar association, then the lawyers of the county shall choose three of their number to be trustees.

     (3) If a county has a population of less than eight thousand, then the provisions contained in RCW 27.24.068 shall apply to the establishment and operation of the county law library.

     (4) If a regional law library is created pursuant to RCW 27.24.062, then it shall be governed by one board of trustees.  The board shall consist of the following representatives from each county:  The judges of the superior court of the county shall choose one of their number to be a trustee, the county legislative authority shall choose one of their number to be a trustee, and the members of the county bar association shall choose one member of the bar of the county to be a trustee.  If there is no county bar association, then the lawyers of the county shall choose one of their number to be a trustee.

     (5) The term of office of a member of the board who is a judge ((shall be)) is for as long as he or she continues to be a judge, and the term of a member who is from the bar ((shall be)) is four years.  Vacancies shall be filled as they occur and in the manner ((above)) directed in this section.  The office of trustee shall be without salary or other compensation.  The board shall elect one of their number president and the librarian shall act as secretary, except that in counties with a population of eight thousand or more but less than three hundred thousand, the board shall elect one of their number to act as secretary if no librarian is appointed.  Meetings shall be held at least ((quarterly and as much oftener and)) once per year, and if more often, then at such times as may be prescribed by rule.

 

     Sec. 3.  RCW 27.24.040 and 1919 c 84 s 4 are each amended to read as follows:

     The board of law library trustees shall, on or before the first Monday in September of each year, make a report to the ((board of)) county ((commissioners)) legislative authority of their county giving the condition of their trust, with a full statement of all property received and how used, the number of books and other publications on hand, the number added by purchase, gift or otherwise during the preceding year, the number lost or missing, and such other information as may be of public interest, together with a financial report showing all receipts and disbursements of money.

 

     Sec. 4.  RCW 27.24.062 and 1991 c 363 s 18 are each amended to read as follows:

     ((In each county with a population of from eight thousand to less than one hundred twenty-five thousand, there shall be a county law library which shall be governed and maintained as hereinafter provided.))

     Two or more ((of such)) counties each with a population of from eight thousand to less than one hundred twenty-five thousand may, by agreement of the respective law library boards of trustees, create a regional law library and establish and maintain one principal law library at such location as the regional board of trustees may determine will best suit the needs of the users:  PROVIDED, HOWEVER, That there shall be at all times a law library in such size as the board of trustees may determine necessary to be located at the courthouse where each superior court is located.

 

     Sec. 5.  RCW 27.24.066 and 1933 c 167 s 3 are each amended to read as follows:

     The ((board of)) county ((commissioners)) legislative authority of each county ((to which this act is applicable,)) that is required to maintain a county law library shall upon demand by the board of law library trustees, provide a room suitable for the law library, ((adequately heated, lighted)) with adequate heat, light, and janitor service.

 

     Sec. 6.  RCW 27.24.067 and 1933 c 167 s 3 are each amended to read as follows:

     The use of the county law library shall be free to the judges of the state, to state and county officials, and to members of the bar, and to such others as the board of trustees may by rule provide.  Residents of counties with a population of three hundred thousand or more shall have free use of the law library.

 

     Sec. 7.  RCW 27.24.070 and 1985 c 389 s 2 are each amended to read as follows:

     In each county pursuant to this chapter, the county treasurer shall deposit in the county or regional law library fund a sum equal to seven dollars for every new probate or civil filing fee, including appeals, collected by the clerk of the superior court and three dollars for every fee collected for the commencement of a civil action in district court for the support of the law library in that county or the regional law library to which the county belongs:  PROVIDED, That upon a showing of need the seven dollar contribution may be increased up to ((nine)) fifteen dollars upon the request of the law library board of trustees and with the approval of the county legislative body or bodies.

 

     NEW SECTION.  Sec. 8.  A new section is added to chapter 3.62 RCW to read as follows:

     All courts organized under Title 3 or 35 RCW may charge fees as prescribed in RCW 3.62.060.  The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded.

 

     Sec. 9.  RCW 3.62.060 and 1990 c 172 s 2 are each amended to read as follows:

     Clerks of the district courts shall collect the following fees for their official services;

     (1) In any civil action commenced before or transferred to a district court, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of ((twenty-five)) thirty-one dollars plus any surcharge authorized by RCW 7.75.035.  No party shall be compelled to pay to the court any other fees or charges up to and including the rendition of judgment in the action other than those listed.

     (2) For issuing a writ of garnishment or other writ a fee of six dollars.

     (3) For filing a supplemental proceeding a fee of twelve dollars.

     (4) For demanding a jury in a civil case a fee of fifty dollars to be paid by the person demanding a jury.

     (5) For preparing a transcript of a judgment a fee of six dollars.

     (6) For certifying any document on file or of record in the clerk's office a fee of five dollars.

     (7) For preparing the record of a case for appeal to superior court a fee of forty dollars including any costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).

     (8) For duplication of part or all of the electronic tape or tapes of a proceeding ten dollars per tape.

     The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded.

 

     NEW SECTION.  Sec. 10.  A new section is added to chapter 2.56 RCW to read as follows:

     Effective July 1, 1993, the office of administrator for the courts, at the direction of the board for judicial administration, shall establish fees for all courts in the state.

 

     NEW SECTION.  Sec. 11.     The following acts or parts of acts are each repealed:

     (1) RCW 27.24.050 and 1919 c 84 s 5;

     (2) RCW 27.24.060 and 1919 c 84 s 6;

     (3) RCW 27.24.063 and 1971 ex.s. c 141 s 2 & 1933 c 167 s 3;

     (4) RCW 27.24.064 and 1933 c 167 s 3; and

     (5) RCW 27.24.065 and 1933 c 167 s 3.