BP BHEAD INT H

AN ACT Relating to filing fees; amending RCW 36.18.012, 11.96.170, and 36.18.016; reenacting and amending RCW 36.18.020.

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

Sec. 1. RCW 36.18.012 and 1995 c 292 s 12 are each amended to read as follows:

(1) Revenue collected under this section is subject to division with the state for deposit in the public safety and education account under RCW 36.18.025.

(2) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing a fee of fifteen dollars.

(3) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars must be paid.

(4) The clerk shall collect a fee of twenty dollars for: Filing a paper not related to or a part of a proceeding, civil or criminal, or a probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law((~~; or filing a petition, written agreement, or memorandum as provided in RCW 11.96.170~~)).

(5) If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay before proceeding with the unlawful detainer action eighty dollars.

(6) For a restrictive covenant for filing a petition to strike discriminatory provisions in real estate under RCW 49.60.227 a fee of twenty dollars must be charged.

(7) A fee of twenty dollars must be charged for filing a will only, when no probate of the will is contemplated.

(8) A fee of ((~~two~~)) thirty-five dollars must be charged for filing a petition((~~, written agreement, or written memorandum in a nonjudicial probate dispute under RCW 11.96.170~~)) regarding a common law lien under RCW 60.70.060.

(9) For certification of delinquent taxes by a county treasurer under RCW 84.64.190, a fee of five dollars must be charged.

Sec. 2. RCW 11.96.170 and 1994 c 221 s 63 are each amended to read as follows:

(1) If all required parties to the dispute agree as to a matter in dispute, the agreement shall be evidenced by a written agreement executed by all required parties to the dispute. Those persons may reach an agreement concerning a matter in RCW 11.96.070(1)(d) as long as those persons, rather than the court, determine that the powers to be conferred are not inconsistent with the provisions or purposes of the will or trust.

(2) If necessary, any one or more of the required parties to the dispute may petition the court for the appointment of a special representative to represent a required party to the dispute who is incapacitated by reason of being a minor or otherwise, who is yet unborn or unascertained, or whose identity or address is unknown. The special representative has authority to enter into a binding agreement under this section on behalf of the person or beneficiary. The special representative may be appointed for more than one person or class of persons if the interests of such persons or classes are not in conflict. Those entitled to receive notice for persons or beneficiaries described in RCW 11.96.110 may enter into a binding agreement on behalf of such persons or beneficiaries.

(3) The special representative shall be a lawyer licensed to practice before the courts of this state or an individual with special skill or training in the administration of estates, trusts, or nonprobate assets, as applicable. The special representative shall have no interest in any affected estate, trust, or nonprobate asset, and shall not be related to any personal representative, trustee, beneficiary, or other person interested in the estate, trust, or nonprobate asset. The special representative is entitled to reasonable compensation for services and, if applicable, that compensation shall be paid from the principal of the estate, trust, or nonprobate asset whose beneficiaries are represented. Upon execution of the written agreement, the special representative shall be discharged of any further responsibility with respect to the estate, trust, or nonprobate asset.

(4) The written agreement or a memorandum summarizing the provisions of the written agreement may, at the option of any of the required parties to the dispute and upon payment of a fee set out under RCW 36.18.012(4), be filed with the court having jurisdiction over the estate, trust, nonprobate asset, or other matter affected by the agreement. The person filing the agreement or memorandum shall, within five days after the agreement or memorandum is filed with the court, mail a copy of the agreement, the summarizing memorandum if one was filed with the court, and a notice of the filing to each of the required parties to the dispute whose address is known or is reasonably ascertainable by the person. Notice shall be in substantially the following form:

CAPTION NOTICE OF FILING OF

OF CASE AGREEMENT OR

MEMORANDUM

OF AGREEMENT

Notice is hereby given that the attached document was filed by the undersigned in the above entitled court on the . . . . . . day of . . . . . ., . . . . . Unless you file a petition objecting to the agreement within 30 days of the above specified date the agreement will be deemed approved and will be equivalent to a final order binding on all persons interested in the subject of the agreement.

If you file and serve a petition within the period specified, you should ask the court to fix a time and place for the hearing on the petition and provide for at least ten days' notice to all persons interested in the subject of the agreement.

DATED this . . . . . . day of . . . . . ., . . . . .

..............................................

(Name of person filing the agreement or memorandum with the court)

(5) Unless a required party to the dispute files a petition objecting to the agreement within thirty days after the filing of the agreement or the memorandum, the agreement will be deemed approved and will be equivalent to a final order binding on all parties to the dispute. If all required parties to the dispute waive the notice required by this section, the agreement will be deemed approved and will be equivalent to a final order binding on all such persons effective upon the date of filing.

(6) For the purposes of this section:

(a) "Matter in dispute" includes without limitation any matter listed in RCW 11.96.070 or any other matter in this title referencing this nonjudicial resolution procedure;

(b) "Parties to the dispute" has the meaning given to that term in RCW 11.96.100(3) (a) and (b), as applicable;

(c) "Required parties to the dispute" means those parties to the dispute who are entitled to notice under RCW 11.96.100 and 11.96.110, and, when used in the singular, means any one of the required parties to the dispute; and

(d) "Estate" includes the estate of a deceased, missing, or incapacitated person.

Sec. 3. RCW 36.18.020 and 1995 c 312 s 70 and 1995 c 292 s 10 are each reenacted amended to read as follows:

(1) Revenue collected under this section is subject to division with the state public safety and education account under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070.

(2) Clerks of superior courts shall collect the following fees for their official services:

(a) The party filing the first or initial paper in any civil action, including, but not limited to an action for restitution, adoption, or change of name, shall pay, at the time the paper is filed, a fee of one hundred ten dollars except, in an unlawful detainer action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of thirty dollars, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee((,)). The thirty dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.

(b) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when the paper is filed, a fee of one hundred ten dollars.

(c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of one hundred ten dollars.

(d) For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of one hundred ten dollars.

(e) ((~~For filing of a petition for determination of water rights under RCW 90.03.180 a filing fee of twenty-five dollars~~)) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of one hundred ten dollars.

(f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of one hundred ten dollars.

(g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96.170, there shall be paid a fee of one hundred ten dollars.

(h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of one hundred ten dollars.

(i) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.

(3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.

Sec. 4. RCW 36.18.016 and 1995 c 292 s 14 are each amended to read as follows:

(1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.

(2) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, a fee of twenty dollars must be paid.

(3) The party making a demand for ((~~[a]~~)) a jury of six in a civil action shall pay, at the time, a fee of fifty dollars; if the demand is for a jury of twelve, a fee of one hundred dollars. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional fifty-dollar fee will be required of the party demanding the increased number of jurors. Upon conviction in criminal cases a jury demand charge may be imposed as costs under RCW 10.46.190.

(4) For preparing, transcribing, or certifying an instrument on file or of record in the clerk's office, with or without seal, for the first page or portion of the first page, a fee of two dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of one dollar for each additional seal affixed must be charged.

(5) For executing a certificate, with or without a seal, a fee of two dollars must be charged.

(6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of twenty dollars must be charged.

(7) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged.

(8) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.

(9) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.

(10) For clerk's special services such as processing ex parte orders by mail, performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.

(11) For duplicated recordings of court's proceedings there must be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.

(12) For the filing of oaths and affirmations under chapter 5.28 RCW, a fee of twenty dollars must be charged.

(13) ((~~For filing a disclaimer of interest under RCW 11.86.031(4), a fee of two dollars must be charged.~~

~~(14)~~)) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of five dollars must be charged.

((~~(15)~~)) (14) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of one hundred ten dollars must be charged.

((~~(16)~~)) (15) A facilitator surcharge of ten dollars must be charged as authorized under RCW 26.12.240.

((~~(17)~~)) (16) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars must be charged.

((~~(18)~~)) (17) A service fee of three dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.

((~~(19)~~)) (18) For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.

((~~(20)~~)) (19) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.

((~~(21)~~)) (20) Investment service charge and earnings under RCW 36.48.090 must be charged.

((~~(22)~~)) (21) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.