AN ACT Relating to the
clarification of clerks' fees; amending RCW 5.28.010, 10.14.040, 10.82.070,
11.86.031, 12.40.105, 12.40.110, 13.64.020, 26.50.030, 34.05.514, 36.18.020,
36.18.010, 36.18.022, 40.14.027, 49.60.227, 65.12.780, 70.02.070, and
90.03.180; adding new sections to chapter 36.18 RCW; and repealing RCW
2.32.075.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 5.28.010 and 1987 c
202 s 124 are each amended to read as follows:
((That)) Every
court, judge, clerk of a court, or notary public, is authorized to take
testimony in any action, suit or proceeding, and such other persons in
particular cases as authorized by law. Every such court or officer is
authorized to collect fees established under RCW 36.18.020 and sections 12
through 15 of this act and to administer oaths and affirmations generally((,))
and to every such other person in such particular case as authorized.
Sec. 2. RCW 10.14.040 and 1987 c
280 s 4 are each amended to read as follows:
There shall exist an
action known as a petition for an order for protection in cases of unlawful
harassment.
(1) A petition for
relief shall allege the existence of harassment and shall be accompanied by an
affidavit made under oath stating the specific facts and circumstances from
which relief is sought.
(2) A petition for
relief may be made regardless of whether or not there is a pending lawsuit,
complaint, petition, or other action between the parties.
(3) All court clerks'
offices shall make available simplified forms and instructional brochures. Any
assistance or information provided by clerks under this section does not
constitute the practice of law and clerks are not responsible for incorrect
information contained in a petition.
(4) Filing fees are
set in RCW 36.18.020, but no filing fee may be charged for a petition filed
in an existing action or under an existing cause number brought under this
chapter in the jurisdiction where the relief is sought. Forms and
instructional brochures shall be provided free of charge.
(5) A person is not
required to post a bond to obtain relief in any proceeding under this section.
Sec. 3. RCW 10.82.070 and 1988 c
169 s 5 are each amended to read as follows:
(1) All sums of money
derived from costs, fines, penalties, and forfeitures imposed or collected, in
whole or in part, by a superior court for violation of orders of injunction,
mandamus and other like writs, for contempt of court, or for breach of the
penal laws shall be paid in cash by the person collecting the same, within
twenty days after the collection, to the county treasurer of the county in
which the same have accrued.
(2) The county
treasurer shall remit monthly thirty-two percent of the money received under
this section except for certain costs to the state treasurer for deposit as
provided under RCW 43.08.250 and shall deposit the remainder as provided by
law. "Certain costs" as used in this subsection, means those costs
awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040,
or those costs awarded against convicted defendants in criminal actions under
RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs
are specifically designated as costs by the court and are awarded for the
specific reimbursement of costs incurred by the state or county in the
prosecution of the case, including the fees of defense counsel. Costs or
assessments awarded to dedicated accounts, state or local, are not subject to
this state allocation or to RCW 7.68.035.
(3) All fees, fines,
forfeitures and penalties collected or assessed by a district court because of
the violation of a state law shall be remitted as provided in chapter 3.62 RCW
as now exists or is later amended. All fees, fines, forfeitures, and penalties
collected or assessed by a superior court in cases on appeal from a lower court
shall be remitted to the municipal or district court from which the cases were
appealed.
Sec. 4. RCW 11.86.031 and 1989 c
34 s 3 are each amended to read as follows:
(1) The disclaimer
shall:
(a) Be in writing;
(b) Be signed by the
disclaimant;
(c) Identify the
interest to be disclaimed; and
(d) State the
disclaimer and the extent thereof.
(2) The disclaimer
shall be delivered or mailed as provided in subsection (3) of this section at
any time after the creation of the interest, but in all events by nine months
after the latest of:
(a) The date the
beneficiary attains the age of twenty-one years;
(b) The date of the
transfer; or
(c) The date that the
beneficiary is finally ascertained and the beneficiary's interest is
indefeasibly vested.
(3) The disclaimer
shall be mailed by first-class mail, or otherwise delivered, to the creator of
the interest, the creator's legal representative, or the holder of the legal
title to the property to which the interest relates or, if the creator is dead and
there is no legal representative or holder of legal title, to the person having
possession of the property.
(4) If the date of the
transfer is the date of the death of the creator of the interest, a copy of the
disclaimer may be filed with the clerk of the probate court in which the estate
of the creator is, or has been, administered, or, if no probate administration
has been commenced, then with the clerk of the court of any county provided by
law as the place for probate administration of such person, where it shall be
indexed under the name of the decedent in the probate index upon the payment of
a fee ((of two dollars)) established under section 14 of this act.
(5) The disclaimer of
an interest in real property may be recorded, but shall constitute notice to
all persons only from and after the date of recording. If recorded, a copy of
the disclaimer shall be recorded in the office of the auditor in the county or
counties where the real property is situated.
Sec. 5. RCW 12.40.105 and 1983 c
254 s 2 are each amended to read as follows:
If the losing party
fails to pay the judgment within twenty days or within the period otherwise
ordered by the court, the judgment shall be increased by: (1) An amount
sufficient to cover costs of certification of the judgment under RCW 12.40.110;
and (2) the amount specified in ((RCW 36.18.020(3))) section 12(2) of
this act, without regard to the jurisdictional limits on the small claims
department.
Sec. 6. RCW 12.40.110 and 1984 c
258 s 68 are each amended to read as follows:
(1) If the losing party
fails to pay the judgment according to the terms and conditions thereof within
twenty days or is in arrears on any payment plan, and the prevailing party so
notifies the court, the judge before whom such hearing was had shall certify
the judgment in substantially the following form:
Washington.
In the District Court
of . . . . . . County.
............................. Plaintiff,
vs.
............................. Defendant.
In
the Small Claims Department.
This is to certify
that: (1) In a certain action before me, the undersigned, had on this the
. . . . day of . . . . . .
19. . ., wherein
. . . . . . . . . was plaintiff and
. . . . . . . . . defendant,
jurisdiction of said defendant having been had by personal service (or
otherwise) as provided by law, I then and there entered judgment against
. . . . . . in the sum of
. . . . . . Dollars; (2) the judgment has not been
paid within twenty days or the period otherwise ordered by the court; and (3)
pursuant to RCW 12.40.105, the amount of the judgment is hereby increased by
any costs of certification under this section and the amount specified in ((RCW
36.18.020(3))) section 12(2) of this act.
Witness my hand this
. . . . day of . . . . . .,
19. . .
.............................................
District
Judge sitting in the
Small
Claims Department.
(2) The judge shall
forthwith enter the judgment transcript on the judgment docket of the district
court; and thereafter garnishment, execution, and other process on execution
provided by law may issue thereon, as in other judgments of district courts.
(3) Transcripts of such
judgments may be filed and entered in judgment lien dockets in superior courts
with like effect as in other cases.
Sec. 7. RCW 13.64.020 and 1993 c
294 s 2 are each amended to read as follows:
(1) A petition for
emancipation shall be signed and verified by the petitioner, and shall include
the following information: (a) The full name of the petitioner, the
petitioner's birthdate, and the state and county of birth; (b) a certified copy
of the petitioner's birth certificate; (c) the name and last known address of
the petitioner's parent or parents, guardian, or custodian; (d) the
petitioner's present address, and length of residence at that address; (e) a
declaration by the petitioner indicating that he or she has the ability to
manage his or her financial affairs, including any supporting information; and
(f) a declaration by the petitioner indicating that he or she has the ability
to manage his or her personal, social, educational, and nonfinancial affairs,
including any supporting information.
(2) ((A reasonable
filing fee not to exceed fifty dollars shall be set by the court.)) Fees
for this section are set under section 13 of this act.The text of the following section has been vetoed by the
Governor. It is noted in bold italic.
*Sec. 8. RCW 26.50.030 and
1992 c 111 s 2 are each amended to read as follows:
There shall exist an
action known as a petition for an order for protection in cases of domestic
violence.
(1) A petition for
relief shall allege the existence of domestic violence, and shall be
accompanied by an affidavit made under oath stating the specific facts and
circumstances from which relief is sought.
(2) A petition for
relief may be made regardless of whether or not there is a pending lawsuit,
complaint, petition, or other action between the parties except in cases where
the court realigns petitioner and respondent in accordance with RCW 26.50.060(((3)))
(4).
(3) Within ninety
days of receipt of the master copy from the administrator for the courts, all
court clerk's offices shall make available the standardized forms,
instructions, and informational brochures required by RCW 26.50.035 and shall
fill in and keep current specific program names and telephone numbers for
community resources. Any assistance or information provided by clerks under
this section does not constitute the practice of law and clerks are not
responsible for incorrect information contained in a petition.
(4) ((A)) No
filing fee ((of twenty dollars shall)) may be charged for
proceedings under this section. ((No filing fee may be charged for: (a) A
petition filed in an existing action or under an existing cause number brought
under this chapter in the jurisdiction where the relief is sought; or (b) the
transfer of a case from district or municipal court to superior court under RCW
26.50.020(2).)) Forms and instructional brochures shall be provided free
of charge.
(5) A
person is not required to post a bond to obtain relief in any proceeding under
this section.
*Sec. 8
was vetoed. See message at end of chapter.
Sec. 9. RCW 34.05.514 and 1994 c
257 s 23 are each amended to read as follows:
(1) Except as provided
in subsection (2) of this section ((and RCW 36.70A.300(3))), proceedings
for review under this chapter shall be instituted by paying the fee required
under RCW 36.18.020 and filing a petition in the superior court, at the
petitioner's option, for (a) Thurston county, (b) the county of the petitioner's
residence or principal place of business, or (c) in any county where the
property owned by the petitioner and affected by the contested decision is
located.
(2) For proceedings
involving institutions of higher education, the petition shall be filed either
in the county in which the principal office of the institution involved is
located or in the county of a branch campus if the action involves such branch.
Sec. 10. RCW 36.18.020 and 1993 c
435 s 1 are each 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:
(((1))) (a)
The party filing the first or initial paper in any civil action, including,
but not limited to an action for restitution, ((or)) adoption, or
change of name, shall pay, at the time ((said)) the paper is
filed, a fee of one hundred ten dollars except, in ((proceedings
filed under RCW 26.50.030 or 49.60.227 where the petitioner shall pay a filing
fee of twenty dollars, or)) an unlawful detainer action under chapter 59.18
or 59.20 RCW ((where)) for which the plaintiff shall pay a case
initiating filing fee of thirty dollars. ((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, prior to proceeding with the unlawful detainer
action, an additional eighty dollars which shall be considered part of the
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.
(((2))) (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 said paper is filed, a fee of one hundred ten
dollars.
(((3) 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.
(4) For the filing
of a tax warrant by the department of revenue of the state of Washington, a fee
of five dollars shall be paid.
(5) For the filing
of a petition for modification of a decree of dissolution, a fee of twenty
dollars shall be paid.
(6) The party filing
a demand for jury of six in a civil action, shall pay, at the time of filing, a
fee of fifty dollars; if the demand is for a jury of twelve the fee shall be
one hundred dollars. If, after the party files a demand for 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.
(7) For filing any
paper, not related to or a part of any proceeding, civil or criminal, or any
probate matter, required or permitted to be filed in the clerk's office for
which no other charge is provided by law, or for filing a petition, written
agreement, or memorandum as provided in RCW 11.96.170, the clerk shall collect
twenty dollars.
(8) For preparing,
transcribing or certifying any instrument on file or of record in the clerk's
office, with or without seal, for the first page or portion thereof, a fee of
two dollars, and for each additional page or portion thereof, a fee of one dollar.
For authenticating or exemplifying any instrument, a fee of one dollar for each
additional seal affixed.
(9) For executing a
certificate, with or without a seal, a fee of two dollars shall be charged.
(10) For each
garnishee defendant named in an affidavit for garnishment and for each writ of
attachment, a fee of twenty dollars shall be charged.
(11) For approving a
bond, including justification thereon, in other than civil actions and probate
proceedings, a fee of two dollars shall be charged.
(12))) (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.
(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((:
PROVIDED, HOWEVER, A fee of twenty dollars shall be charged for filing a will
only, when no probate of the will is contemplated. Except as provided for in
subsection (13) of this section a fee of two dollars shall be charged for
filing a petition, written agreement, or memorandum as provided in RCW
11.96.170)).
(((13))) (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.
(((14) For the
issuance of each certificate of qualification and each certified copy of
letters of administration, letters testamentary or letters of guardianship there
shall be a fee of two dollars.
(15) For the
preparation of a passport application the clerk may collect an execution fee as
authorized by the federal government.
(16) For clerks'
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.
(17) For duplicated
recordings of court's proceedings there shall be a fee of ten dollars for each
audio tape and twenty-five dollars for each video tape.
(18))) (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.
(((19))) (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.
(((20))) (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.The text of the
following section has been vetoed by the Governor. It is noted in bold italic.
*Sec. 11. RCW 36.18.010 and
1991 c 26 s 2 are each amended to read as follows:
County auditors or
recording officers shall collect the following fees for their official services:
For recording
instruments, for the first page, legal size (eight and one-half by fourteen
inches or less), five dollars; for each additional legal size page, one dollar;
the fee for recording multiple transactions contained in one instrument will be
calculated individually for each transaction requiring separate indexing as
required under RCW 65.04.050;
For preparing and
certifying copies, for the first legal size page, three dollars; for each
additional legal size page, one dollar;
For preparing
noncertified copies, for each legal size page, one dollar;
For administering an
oath or taking an affidavit, with or without seal, two dollars;
For issuing a
marriage license, eight dollars, (this fee includes taking necessary
affidavits, filing returns, indexing, and transmittal of a record of the
marriage to the state registrar of vital statistics) plus an additional
five-dollar fee for use and support of the prevention of child abuse and
neglect activities to be transmitted monthly to the state treasurer and
deposited in the state general fund, ((which five-dollar fee shall expire
June 30, 1995,)) plus an additional ten-dollar fee to be transmitted
monthly to the state treasurer and deposited in the state general fund. The
legislature intends to appropriate an amount at least equal to the revenue
generated by this fee for the purposes of the displaced homemaker act, chapter
28B.04 RCW;
For searching
records per hour, eight dollars;
For recording plats,
fifty cents for each lot except cemetery plats for which the charge shall be
twenty-five cents per lot; also one dollar for each acknowledgment, dedication,
and description: PROVIDED, That there shall be a minimum fee of twenty-five dollars
per plat;
For recording of
miscellaneous records, not listed above, for first legal size page, five
dollars; for each additional legal size page, one dollar;
For
modernization and improvement of the recording and indexing system, a surcharge
as provided in RCW 36.22.170.
*Sec.
11 was vetoed. See message at end of chapter.
NEW SECTION. Sec.
12. A new section is added
to chapter 36.18 RCW 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
dollars must be charged for filing a petition, written agreement, or written
memorandum in a nonjudicial probate dispute under RCW 11.96.170.
(9) For certification
of delinquent taxes by a county treasurer under RCW 84.64.190, a fee of five
dollars must be charged.
NEW SECTION. Sec.
13. A new section is added
to chapter 36.18 RCW to read as follows:
(1) Revenue collected
under this section is subject to division with the county law library under RCW
27.24.070.
(2) For filing a
petition for emancipation for minors as required under RCW 13.64.020 a fee up
to fifty dollars must be collected.
NEW SECTION. Sec.
14. A new section is added
to chapter 36.18 RCW 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 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) 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) A facilitator
surcharge of ten dollars must be charged as authorized under RCW 26.12.240.
(17) For filing a water
rights statement under RCW 90.03.180, a fee of twenty-five dollars must be
charged.
(18) 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) For preparation of
clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.
(20) 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) Investment service
charge and earnings under RCW 36.48.090 must be charged.
(22) Costs for
nonstatutory services rendered by clerk by authority of local ordinance or
policy must be charged.
NEW SECTION. Sec.
15. A new section is added
to chapter 36.18 RCW to read as follows:
(1) State revenue
collected by county clerks under subsection (2) of this section must be
transmitted to the appropriate state court. The office of the state
administrator for the courts shall retain fees collected under subsection (3)
of this section.
(2) For appellate
review under RAP 5.1(b), two hundred fifty dollars must be charged.
(3) For all copies and
reports produced by the administrator for the courts as permitted under RCW
2.68.020 and supreme court policy, a variable fee must be charged.
Sec. 16. RCW 36.18.022 and 1992 c
54 s 5 are each amended to read as follows:
The court may waive the
filing fees provided for under RCW 36.18.020 (((1) and)) (2) (a) and (b)
upon affidavit by a party that the party is unable to pay the fee due to
financial hardship.
Sec. 17. RCW 40.14.027 and 1994 c
193 s 2 are each amended to read as follows:
State agencies shall
collect a surcharge of twenty dollars from the judgment debtor upon the
satisfaction of a warrant filed in superior court for unpaid taxes or
liabilities. The surcharge is imposed on the judgment debtor in the form of a
penalty in addition to the filing fee provided in ((RCW 36.18.020(4))) section
12(3) of this act. The surcharge revenue shall be transmitted to the state
treasurer for deposit in the archives and records management account, or
procedures for the collection and transmittal of surcharge revenue to the
archives and records management account shall be established cooperatively
between the filing agencies and clerks of superior court.
Surcharge revenue
deposited in the archives and records management account shall be expended by
the secretary of state exclusively for the payment of costs and expenses
incurred in the provision of public archives and records management services to
local government agencies by the division of archives and records management.
The secretary of state shall work with local government representatives to
establish a committee to advise the state archivist on the local government
archives and records management program. Surcharge revenue shall be allocated
exclusively to:
(1) Appraise, process,
store, preserve, and provide public research access to original records
designated by the state archivist as archival which are no longer required to
be kept by the agencies which originally made or filed them;
(2) Protect essential
records, as provided by chapters 40.10 and 40.20 RCW. Permanent facsimiles of
essential records shall be produced and placed in security storage with the
state archivist;
(3) Coordinate records
retention and disposition management and provide support for the following
functions under RCW 40.14.070:
(a) Advise and assist
individual agencies on public records management requirements and practices;
and
(b) Compile, maintain,
and regularly update general records retention schedules and destruction
authorizations; and
(4) Develop and
maintain standards for the application of recording media and records storage
technologies.
Sec. 18. RCW 49.60.227 and 1993 c
69 s 10 are each amended to read as follows:
If a written instrument
contains a provision that is void by reason of RCW 49.60.224, the owner, occupant,
or tenant of the property which is subject to the provision may cause the
provision to be stricken from the public records by bringing an action in the
superior court in the county in which the property is located. The action
shall be an in rem, declaratory judgment action whose title shall be the
description of the property. The necessary party to the action shall be the
owner, occupant, or tenant of the property or any portion thereof. The
person bringing the action shall pay a fee set under section 12 of this act.
If the court finds that
any provisions of the written instrument are void under RCW 49.60.224, it shall
enter an order striking the void provisions from the public records and
eliminating the void provisions from the title or lease of the property
described in the complaint.
Sec. 19. RCW 65.12.780 and 1907 c
250 s 94 are each amended to read as follows:
On the filing of any
application for registration, the applicant shall pay to the clerk of the
court((, in counties having more than forty thousand population, the sum of
three dollars; and in all other counties, the sum of five dollars, which shall
be in full of all clerk's fees and charges in such proceeding in behalf of the
applicant. Any defendant, on entering his appearance, shall pay to the clerk
of the court, the sum of three dollars, which shall be in full of all clerk's
fees in behalf of such defendant)) filing fees as set in section 14 of
this act. When any number of defendants enter their appearance at the same
time, before default, but one fee shall be paid. Every publication in a
newspaper required by this chapter shall be paid for by the party on whose
application the order of publication is made, in addition to the fees above
prescribed. The party at whose request any notice is issued, shall pay for the
service of the same, except when sent by mail by the clerk of court, or the
registrar of titles.
Sec. 20. RCW 70.02.070 and 1991 c
335 s 206 are each amended to read as follows:
Upon the request of the
person requesting the record, the health care provider or facility shall
certify the record furnished and may charge for such certification in
accordance with ((RCW 36.18.020(9))) section 14(5) of this act.
No record need be certified until the fee is paid. The certification shall be
affixed to the record and disclose:
(1) The identity of the
patient;
(2) The kind of health
care information involved;
(3) The identity of the
person to whom the information is being furnished;
(4) The identity of the
health care provider or facility furnishing the information;
(5) The number of pages
of the health care information;
(6) The date on which
the health care information is furnished; and
(7) That the
certification is to fulfill and meet the requirements of this section.
Sec. 21. RCW 90.03.180 and 1982 c
15 s 2 are each amended to read as follows:
At the time of filing
the statement as provided in RCW 90.03.140, each defendant shall pay to the
clerk of the superior court a fee ((of twenty-five dollars)) as set
under RCW 36.18.020.
NEW SECTION. Sec.
22. RCW 2.32.075 and 1961 c
304 s 5 are each repealed.
