AN ACT Relating to courts of limited jurisdiction; amending RCW 19.16.500 and 3.62.020; adding a new section to chapter 3.02 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to clarify state law with regard to the collection of fines and forfeitures imposed by courts of limited jurisdiction. The state recognizes the need for timely collection of court fines and forfeitures as a matter of public policy. It is the intent of section 2 of this act to provide alternative methods of collecting unpaid fines and forfeitures that may be used by courts of limited jurisdiction.

NEW SECTION. Sec. 2. A new section is added to chapter 3.02 RCW to read as follows:

(1) Courts of limited jurisdiction may use collection agencies under chapter 19.16 RCW for purposes of collecting unpaid fines and forfeitures that have been imposed by the courts. However, courts of limited jurisdiction are not subject to the requirement in RCW 19.16.500(2)(b) that at least thirty days must elapse after notice has been sent to the debtor before a debt may be assigned to a collection agency. Courts of limited jurisdiction may enter into agreements with one or more collection agencies for collection of outstanding fines and forfeitures. These agreements may specify the scope of work, remuneration for services, and other charges deemed appropriate.

(2) Courts of limited jurisdiction may use credit cards for purposes of billing and collecting paid and unpaid fines and forfeitures so imposed. Courts of limited jurisdiction may enter into agreements with one or more financial institutions for the purpose of the collection of fines and forfeitures. The agreements may specify conditions, remuneration for services, and other charges deemed appropriate.

(3) Moneys collected under subsection (2) of this section shall be divided and deposited in accordance with RCW 3.62.020. Moneys collected under subsection (1) of this section are not subject to the distribution formula set forth in RCW 3.62.020 (2) and (3). Moneys collected shall be remitted to the county in which the debt originated to be deposited into an account for the benefit of the district courts.

(4) The supreme court shall adopt rules for the efficient administration of this section.

NEW SECTION. Sec. 3. The administrator for the courts shall study the impacts associated with section 2 of this act and report to the judiciary committees of the senate and house of representatives by December 1, 1987.

Sec. 4. Section 1, chapter 65, Laws of 1982 and RCW 19.16.500 are each amended to read as follows:

(1) Agencies, departments, taxing districts, political subdivisions of the state, counties, and incorporated cities may retain, by written contract, collection agencies licensed under this chapter for the purpose of collecting public debts owed by any person.

(2) No debt may be assigned to a collection agency unless (a) there has been an attempt to advise the debtor (i) of the existence of the debt and (ii) that the debt may be assigned to a collection agency for collection if the debt is not paid, and (b) at least thirty days have elapsed from the time the notice was sent. However, the thirty-day period does not apply to the collection of public debts in district court.

(3) Collection agencies assigned debts under this section shall have only those remedies and powers which would be available to them as assignees of private creditors.

(4) For purposes of this section, the term debt shall include fines and other debts.

Sec. 5. Section 106, chapter 299, Laws of 1961 as last amended by section 5, chapter 389, Laws of 1985 and RCW 3.62.020 are each amended to read as follows:

(1) Except as provided in subsections (4) and (5) of this section, all costs except those costs awarded to prevailing parties under RCW 4.84.010, 36.18.040, or other similar statute, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the division of municipal corporations, noting the information necessary for crediting of such funds as required by law.

(2) The county treasurer shall remit thirty-two percent of the money received under subsection (1) of this section to the state treasurer. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

(3) The balance of the money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.

(4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.

(5) All money collected under section 2(1) of this 1987 act shall be remitted to the county in which the debt originated to be deposited in an account for the benefit of the district courts.