AN
ACT Relating to court filing fees; amending RCW 36.18.012, 36.18.016,
36.18.025, 40.14.027, 41.50.136, 46.87.370, 50.20.190, 50.24.115, 51.24.060,
51.48.140, 82.32.210, 82.36.047, and 82.38.235; and reenacting and amending RCW
51.32.240.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
36.18.012 and 1999 c 42 s 634 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.
(((5)))
(4) 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)))
(5) 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)))
(6) A fee of twenty dollars must be charged for filing a will only, when
no probate of the will is contemplated.
(((8)))
(7) A fee of two dollars must be charged for filing a petition, written
agreement, or written memorandum in a nonjudicial probate dispute under RCW
11.96A.220.
(((9)))
(8) A fee of thirty-five dollars must be charged for filing a petition
regarding a common law lien under RCW 60.70.060.
(((10)))
(9) For certification of delinquent taxes by a county treasurer under
RCW 84.64.190, a fee of five dollars must be charged.
(10)
For the filing of a tax warrant for unpaid taxes or overpayment of benefits by
any agency of the state of Washington, a fee of five dollars on or after the
effective date of this act, and for the filing of such a tax warrant or
overpayment of benefits on or after July 1, 2003, a fee of twenty dollars, of
which forty-six percent of the first five dollars is directed to the public
safety and education account established under RCW 43.08.250.
Sec.
2. RCW
36.18.016 and 2000 c 170 s 1 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)(a)
The party making a demand for a jury of six in a civil action shall pay, at the
time, a fee of one hundred twenty-five dollars; if the demand is for a jury of
twelve, a fee of two hundred fifty 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 one hundred twenty-five dollar fee will be required of
the party demanding the increased number of jurors.
(b)
Upon conviction in criminal cases a jury demand charge of fifty dollars for a
jury of six, or one hundred dollars for a jury of twelve 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)
((For filing a warrant for overpayment of state retirement systems benefits
under chapter 41.50 RCW, a fee of five dollars shall be charged pursuant to RCW
41.50.136.
(19))) 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.
(((20)))
(19) For preparation of clerk's papers under RAP 9.7, a fee of fifty
cents per page must be charged.
(((21)))
(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.
(((22)))
(21) Investment service charge and earnings under RCW 36.48.090 must be
charged.
(((23)))
(22) Costs for nonstatutory services rendered by clerk by authority of
local ordinance or policy must be charged.
(((24)))
(23) For filing a request for mandatory arbitration, a fee may be
assessed against the party filing a statement of arbitrability not to exceed
one hundred twenty dollars as established by authority of local ordinance and
approved by a vote of the people if it is determined by a court of competent
jurisdiction that such a vote is required by chapter 1, Laws of 2000
(Initiative Measure No. 695). This charge shall be used solely to offset the
cost of the mandatory arbitration program.
(((25)))
(24) For filing a request for trial de novo of an arbitration award, a
fee not to exceed two hundred fifty dollars as established by authority of
local ordinance must be charged.
Sec.
3. RCW
36.18.025 and 1992 c 54 s 2 are each amended to read as follows:
Forty-six
percent of the money received from filing fees paid pursuant to RCW 36.18.020,
except those collected for the filing of warrants for unpaid taxes or
overpayments by state agencies as outlined in RCW 36.18.012(10), shall be
transmitted by the county treasurer each month to the state treasurer for
deposit in the public safety and education account established under RCW
43.08.250.
Sec.
4. RCW
40.14.027 and 1996 c 245 s 4 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 36.18.012(((3))) (10).
The surcharge revenue shall be transmitted to the state treasurer for deposit
in the archives and records management account.
Surcharge
revenue deposited in the archives and records management account shall be
expended by the secretary of state exclusively for disaster recovery, essential
records protection services, and records management training for local
government agencies by the division of archives and records management. The
secretary of state shall, with local government representatives, establish a
committee to advise the state archivist on the local government archives and
records management program.
Sec.
5. RCW
41.50.136 and 1996 c 56 s 2 are each amended to read as follows:
Whenever
a notice of determination of liability becomes conclusive and final under RCW
41.50.135, the director, upon giving at least twenty days notice by certified
mail return receipt requested to the individual's last known address of the
intended action, may file with the superior court clerk of any county within
the state a warrant in the amount of the notice of determination of liability
plus a filing fee ((of five dollars payable)) under RCW ((36.18.016))
36.18.012(10). The clerk of the county where the warrant is filed shall
immediately designate a superior court cause number for the warrant, and the
clerk shall cause to be entered in the judgment docket under the superior court
cause number assigned to the warrant, the name of the person mentioned in the
warrant, the amount of the notice of determination of liability, and the date
when the warrant was filed. The amount of the warrant as docketed shall become
a lien upon the title to, and any interest in, all real and personal property
of the person against whom the warrant is issued, the same as a judgment in a
civil case duly docketed in the office of such clerk. A copy of the warrant
shall be mailed to the person mentioned in the warrant by certified mail to the
person's last known address within five days of its filing with the clerk.
Sec.
6. RCW
46.87.370 and 1987 c 244 s 50 are each amended to read as follows:
Whenever any assessment has become final in accordance with this
chapter, the department may file with the clerk of any county within this state
a warrant in the amount of fees, taxes, penalties, interest, and a filing fee
((of five dollars)) under RCW 36.18.012(10). The clerk of the
county in which the warrant is filed shall immediately designate a superior
court cause number for the warrant, and the clerk shall cause to be entered in
the judgment docket under the superior court cause number assigned to the warrant
the name of the delinquent owner of proportionally registered vehicles
mentioned in the warrant, the amount of the fees, taxes, penalties, interest,
and filing fee, and the date when the warrant was filed. The aggregate amount
of the warrant as docketed constitutes a lien upon the title to, and interest
in, all real and personal property of the named person against whom the warrant
is issued, the same as a judgment in a civil case duly docketed in the office
of the clerk. A warrant so docketed is sufficient to support the issuance of
writs of execution and writs of garnishment in favor of the state in the manner
provided by law in the case of civil judgment wholly or partially unsatisfied.
The clerk of the court is entitled to a filing fee ((of five dollars)) under
RCW 36.18.012(10), which shall be added to the amount of the warrant.
Sec.
7. RCW
50.20.190 and 1995 c 90 s 1 are each amended to read as follows:
(1)
An individual who is paid any amount as benefits under this title to which he
or she is not entitled shall, unless otherwise relieved pursuant to this
section, be liable for repayment of the amount overpaid. The department shall
issue an overpayment assessment setting forth the reasons for and the amount of
the overpayment. The amount assessed, to the extent not collected, may be
deducted from any future benefits payable to the individual: PROVIDED, That in
the absence of a back pay award, a settlement affecting the allowance of
benefits, fraud, misrepresentation, or willful nondisclosure, every
determination of liability shall be mailed or personally served not later than
two years after the close of or final payment made on the individual's
applicable benefit year for which the purported overpayment was made, whichever
is later, unless the merits of the claim are subjected to administrative or
judicial review in which event the period for serving the determination of
liability shall be extended to allow service of the determination of liability
during the six-month period following the final decision affecting the claim.
(2)
The commissioner may waive an overpayment if the commissioner finds that ((said))
the overpayment was not the result of fraud, misrepresentation, willful
nondisclosure, or fault attributable to the individual and that the recovery
thereof would be against equity and good conscience: PROVIDED, HOWEVER, That
the overpayment so waived shall be charged against the individual's applicable
entitlement for the eligibility period containing the weeks to which the
overpayment was attributed as though such benefits had been properly paid.
(3)
Any assessment herein provided shall constitute a determination of liability
from which an appeal may be had in the same manner and to the same extent as
provided for appeals relating to determinations in respect to claims for
benefits: PROVIDED, That an appeal from any determination covering overpayment
only shall be deemed to be an appeal from the determination which was the basis
for establishing the overpayment unless the merits involved in the issue set
forth in such determination have already been heard and passed upon by the
appeal tribunal. If no such appeal is taken to the appeal tribunal by the
individual within thirty days of the delivery of the notice of determination of
liability, or within thirty days of the mailing of the notice of determination,
whichever is the earlier, ((said)) the determination of liability
shall be deemed conclusive and final. Whenever any such notice of
determination of liability becomes conclusive and final, the commissioner, upon
giving at least twenty days notice by certified mail return receipt requested
to the individual's last known address of the intended action, may file with
the superior court clerk of any county within the state a warrant in the amount
of the notice of determination of liability plus a filing fee ((of five
dollars)) under RCW 36.18.012(10). The clerk of the county where
the warrant is filed shall immediately designate a superior court cause number
for the warrant, and the clerk shall cause to be entered in the judgment docket
under the superior court cause number assigned to the warrant, the name of the
person(s) mentioned in the warrant, the amount of the notice of determination
of liability, and the date when the warrant was filed. The amount of the
warrant as docketed shall become a lien upon the title to, and any interest in,
all real and personal property of the person(s) against whom the warrant is
issued, the same as a judgment in a civil case duly docketed in the office of
such clerk. A warrant so docketed shall be sufficient to support the issuance
of writs of execution and writs of garnishment in favor of the state in the
manner provided by law for a civil judgment. A copy of the warrant shall be
mailed to the person(s) mentioned in the warrant by certified mail to the
person's last known address within five days of its filing with the clerk.
(4)
On request of any agency which administers an employment security law of
another state, the United States, or a foreign government and which has found
in accordance with the provisions of such law that a claimant is liable to
repay benefits received under such law, the commissioner may collect the amount
of such benefits from the claimant to be refunded to the agency. In any case
in which under this section a claimant is liable to repay any amount to the
agency of another state, the United States, or a foreign government, such
amounts may be collected without interest by civil action in the name of the
commissioner acting as agent for such agency if the other state, the United
States, or the foreign government extends such collection rights to the
employment security department of the state of Washington, and provided that
the court costs be paid by the governmental agency benefiting from such
collection.
(5)
Any employer who is a party to a back pay award or settlement due to loss of
wages shall, within thirty days of the award or settlement, report to the
department the amount of the award or settlement, the name and social security
number of the recipient of the award or settlement, and the period for which it
is awarded. When an individual has been awarded or receives back pay, for
benefit purposes the amount of the back pay shall constitute wages paid in the
period for which it was awarded. For contribution purposes, the back pay award
or settlement shall constitute wages paid in the period in which it was
actually paid. The following requirements shall also apply:
(a)
The employer shall reduce the amount of the back pay award or settlement by an
amount determined by the department based upon the amount of unemployment
benefits received by the recipient of the award or settlement during the period
for which the back pay award or settlement was awarded;
(b)
The employer shall pay to the unemployment compensation fund, in a manner specified
by the commissioner, an amount equal to the amount of such reduction;
(c)
The employer shall also pay to the department any taxes due for unemployment
insurance purposes on the entire amount of the back pay award or settlement
notwithstanding any reduction made pursuant to (a) of this subsection;
(d)
If the employer fails to reduce the amount of the back pay award or settlement
as required in (a) of this subsection, the department shall issue an
overpayment assessment against the recipient of the award or settlement in the
amount that the back pay award or settlement should have been reduced; and
(e)
If the employer fails to pay to the department an amount equal to the reduction
as required in (b) of this subsection, the department shall issue an assessment
of liability against the employer which shall be collected pursuant to the
procedures for collection of assessments provided herein and in RCW 50.24.110.
(6)
When an individual fails to repay an overpayment assessment that is due and
fails to arrange for satisfactory repayment terms, the commissioner shall
impose an interest penalty of one percent per month of the outstanding
balance. Interest shall accrue immediately on overpayments assessed pursuant
to RCW 50.20.070 and shall be imposed when the assessment becomes final. For
any other overpayment, interest shall accrue when the individual has missed two
or more of their monthly payments either partially or in full. The interest
penalty shall be used to fund detection and recovery of overpayment and
collection activities.
Sec.
8. RCW
50.24.115 and 1983 1st ex.s. c 23 s 16 are each amended to read as follows:
Whenever
any order and notice of assessment or jeopardy assessment shall have become
final in accordance with the provisions of this title the commissioner may file
with the clerk of any county within the state a warrant in the amount of the
notice of assessment plus interest, penalties, and a filing fee ((of five
dollars)) under RCW 36.18.012(10). The clerk of the county wherein
the warrant is filed shall immediately designate a superior court cause number
for such warrant, and the clerk shall cause to be entered in the judgment
docket under the superior court cause number assigned to the warrant, the name
of the employer mentioned in the warrant, the amount of the tax, interest,
penalties, and filing fee and the date when such warrant was filed. The
aggregate amount of such warrant as docketed shall become a lien upon the title
to, and interest in all real and personal property of the employer against whom
the warrant is issued, the same as a judgment in a civil case duly docketed in
the office of such clerk. Such warrant so docketed shall be sufficient to
support the issuance of writs of execution and writs of garnishment in favor of
the state in the manner provided by law in the case of civil judgment, wholly
or partially unsatisfied. The clerk of the court shall be entitled to a filing
fee ((of five dollars)) under RCW 36.18.012(10), which shall be
added to the amount of the warrant, and charged by the commissioner to the
employer or employing unit. A copy of the warrant shall be mailed to the
employer or employing unit by certified mail to his last known address within
five days of filing with the clerk.
Sec.
9. RCW
51.24.060 and 1995 c 199 s 4 are each amended to read as follows:
(1)
If the injured worker or beneficiary elects to seek damages from the third
person, any recovery made shall be distributed as follows:
(a)
The costs and reasonable attorneys' fees shall be paid proportionately by the
injured worker or beneficiary and the department and/or self-insurer:
PROVIDED, That the department and/or self-insurer may require court approval of
costs and attorneys' fees or may petition a court for determination of the
reasonableness of costs and attorneys' fees;
(b)
The injured worker or beneficiary shall be paid twenty-five percent of the
balance of the award: PROVIDED, That in the event of a compromise and
settlement by the parties, the injured worker or beneficiary may agree to a sum
less than twenty-five percent;
(c)
The department and/or self-insurer shall be paid the balance of the recovery
made, but only to the extent necessary to reimburse the department and/or self-insurer
for benefits paid;
(i)
The department and/or self-insurer shall bear its proportionate share of the
costs and reasonable attorneys' fees incurred by the worker or beneficiary to
the extent of the benefits paid under this title: PROVIDED, That the
department's and/or self-insurer's proportionate share shall not exceed one
hundred percent of the costs and reasonable attorneys' fees;
(ii)
The department's and/or self-insurer's proportionate share of the costs and
reasonable attorneys' fees shall be determined by dividing the gross recovery
amount into the benefits paid amount and multiplying this percentage times the
costs and reasonable attorneys' fees incurred by the worker or beneficiary;
(iii)
The department's and/or self-insurer's reimbursement share shall be determined
by subtracting their proportionate share of the costs and reasonable attorneys'
fees from the benefits paid amount;
(d)
Any remaining balance shall be paid to the injured worker or beneficiary; and
(e)
Thereafter no payment shall be made to or on behalf of a worker or beneficiary
by the department and/or self-insurer for such injury until the amount of any
further compensation and benefits shall equal any such remaining balance minus
the department's and/or self-insurer's proportionate share of the costs and
reasonable attorneys' fees in regards to the remaining balance. This
proportionate share shall be determined by dividing the gross recovery amount
into the remaining balance amount and multiplying this percentage times the costs
and reasonable attorneys' fees incurred by the worker or beneficiary.
Thereafter, such benefits shall be paid by the department and/or self-insurer
to or on behalf of the worker or beneficiary as though no recovery had been
made from a third person.
(2)
The recovery made shall be subject to a lien by the department and/or
self-insurer for its share under this section.
(3)
The department or self-insurer has sole discretion to compromise the amount of
its lien. In deciding whether or to what extent to compromise its lien, the
department or self-insurer shall consider at least the following:
(a)
The likelihood of collection of the award or settlement as may be affected by
insurance coverage, solvency, or other factors relating to the third person;
(b)
Factual and legal issues of liability as between the injured worker or
beneficiary and the third person. Such issues include but are not limited to
possible contributory negligence and novel theories of liability; and
(c)
Problems of proof faced in obtaining the award or settlement.
(4)
In an action under this section, the self-insurer may act on behalf and for the
benefit of the department to the extent of any compensation and benefits paid
or payable from state funds.
(5)
It shall be the duty of the person to whom any recovery is paid before
distribution under this section to advise the department or self-insurer of the
fact and amount of such recovery, the costs and reasonable attorneys' fees
associated with the recovery, and to distribute the recovery in compliance with
this section.
(6)
The distribution of any recovery made by award or settlement of the third party
action shall be confirmed by department order, served by registered or
certified mail, and shall be subject to chapter 51.52 RCW. In the event the
order of distribution becomes final under chapter 51.52 RCW, the director or
the director's designee may file with the clerk of any county within the state
a warrant in the amount of the sum representing the unpaid lien plus interest
accruing from the date the order became final. The clerk of the county in
which the warrant is filed shall immediately designate a superior court cause
number for such warrant and the clerk shall cause to be entered in the judgment
docket under the superior court cause number assigned to the warrant, the name
of such worker or beneficiary mentioned in the warrant, the amount of the
unpaid lien plus interest accrued and the date when the warrant was filed. The
amount of such warrant as docketed shall become a lien upon the title to and
interest in all real and personal property of the injured worker or beneficiary
against whom the warrant is issued, the same as a judgment in a civil case
docketed in the office of such clerk. The sheriff shall then proceed in the
same manner and with like effect as prescribed by law with respect to execution
or other process issued against rights or property upon judgment in the
superior court. Such warrant so docketed shall be sufficient to support the
issuance of writs of garnishment in favor of the department in the manner
provided by law in the case of judgment, wholly or partially unsatisfied. The
clerk of the court shall be entitled to a filing fee ((of five dollars))
under RCW 36.18.012(10), which shall be added to the amount of the
warrant. A copy of such warrant shall be mailed to the injured worker or
beneficiary within three days of filing with the clerk.
(7)
The director, or the director's designee, may issue to any person, firm,
corporation, municipal corporation, political subdivision of the state, public
corporation, or agency of the state, a notice and order to withhold and deliver
property of any kind if he or she has reason to believe that there is in the
possession of such person, firm, corporation, municipal corporation, political
subdivision of the state, public corporation, or agency of the state, property
which is due, owing, or belonging to any worker or beneficiary upon whom a
warrant has been served by the department for payments due to the state fund.
The notice and order to withhold and deliver shall be served by the sheriff of
the county or by the sheriff's deputy; by certified mail, return receipt
requested; or by any authorized representatives of the director. Any person,
firm, corporation, municipal corporation, political subdivision of the state,
public corporation, or agency of the state upon whom service has been made
shall answer the notice within twenty days exclusive of the day of service,
under oath and in writing, and shall make true answers to the matters inquired
of in the notice and order to withhold and deliver. In the event there is in
the possession of the party named and served with such notice and order, any
property which may be subject to the claim of the department, such property shall
be delivered forthwith to the director or the director's authorized
representative upon demand. If the party served and named in the notice and
order fails to answer the notice and order within the time prescribed in this
section, the court may, after the time to answer such order has expired, render
judgment by default against the party named in the notice for the full amount
claimed by the director in the notice together with costs. In the event that a
notice to withhold and deliver is served upon an employer and the property
found to be subject thereto is wages, the employer may assert in the answer to
all exemptions provided for by chapter 6.27 RCW to which the wage earner may be
entitled.
Sec.
10. RCW
51.32.240 and 1999 c 396 s 1 and 1999 c 119 s 1 are each reenacted and amended
to read as follows:
(1)
Whenever any payment of benefits under this title is made because of clerical
error, mistake of identity, innocent misrepresentation by or on behalf of the
recipient thereof mistakenly acted upon, or any other circumstance of a similar
nature, all not induced by fraud, the recipient thereof shall repay it and
recoupment may be made from any future payments due to the recipient on any
claim with the state fund or self-insurer, as the case may be. The department
or self-insurer, as the case may be, must make claim for such repayment or
recoupment within one year of the making of any such payment or it will be
deemed any claim therefor has been waived. The director, pursuant to rules
adopted in accordance with the procedures provided in the administrative
procedure act, chapter 34.05 RCW, may exercise his discretion to waive, in
whole or in part, the amount of any such timely claim where the recovery would
be against equity and good conscience.
(2)
Whenever the department or self-insurer fails to pay benefits because of
clerical error, mistake of identity, or innocent misrepresentation, all not
induced by recipient fraud, the recipient may request an adjustment of benefits
to be paid from the state fund or by the self-insurer, as the case may be,
subject to the following:
(a)
The recipient must request an adjustment in benefits within one year from the
date of the incorrect payment or it will be deemed any claim therefore has been
waived.
(b)
The recipient may not seek an adjustment of benefits because of adjudicator
error. "Adjudicator error" includes the failure to consider
information in the claim file, failure to secure adequate information, or an
error in judgment.
(3)
Whenever the department issues an order rejecting a claim for benefits paid
pursuant to RCW 51.32.190 or 51.32.210, after payment for temporary disability
benefits has been paid by a self-insurer pursuant to RCW 51.32.190(3) or by the
department pursuant to RCW 51.32.210, the recipient thereof shall repay such
benefits and recoupment may be made from any future payments due to the
recipient on any claim with the state fund or self-insurer, as the case may
be. The director, under rules adopted in accordance with the procedures
provided in the administrative procedure act, chapter 34.05 RCW, may exercise
discretion to waive, in whole or in part, the amount of any such payments where
the recovery would be against equity and good conscience.
(4)
Whenever any payment of benefits under this title has been made pursuant to an
adjudication by the department or by order of the board or any court and timely
appeal therefrom has been made where the final decision is that any such
payment was made pursuant to an erroneous adjudication, the recipient thereof
shall repay it and recoupment may be made from any future payments due to the
recipient on any claim with the state fund or self-insurer, as the case may
be. The director, pursuant to rules adopted in accordance with the procedures
provided in the administrative procedure act, chapter 34.05 RCW, may exercise
his discretion to waive, in whole or in part, the amount of any such payments
where the recovery would be against equity and good conscience.
(5)
Whenever any payment of benefits under this title has been induced by fraud the
recipient thereof shall repay any such payment together with a penalty of fifty
percent of the total of any such payments and the amount of such total sum may
be recouped from any future payments due to the recipient on any claim with the
state fund or self-insurer against whom the fraud was committed, as the case
may be, and the amount of such penalty shall be placed in the supplemental
pension fund. Such repayment or recoupment must be demanded or ordered within
three years of the discovery of the fraud.
(6)
The worker, beneficiary, or other person affected thereby shall have the right
to contest an order assessing an overpayment pursuant to this section in the
same manner and to the same extent as provided under RCW 51.52.050 and
51.52.060. In the event such an order becomes final under chapter 51.52 RCW
and notwithstanding the provisions of subsections (1) through (5) of this
section, the director, director's designee, or self-insurer may file with the
clerk in any county within the state a warrant in the amount of the sum
representing the unpaid overpayment and/or penalty plus interest accruing from
the date the order became final. The clerk of the county in which the warrant
is filed shall immediately designate a superior court cause number for such
warrant and the clerk shall cause to be entered in the judgment docket under
the superior court cause number assigned to the warrant, the name of the
worker, beneficiary, or other person mentioned in the warrant, the amount of
the unpaid overpayment and/or penalty plus interest accrued, and the date the
warrant was filed. The amount of the warrant as docketed shall become a lien
upon the title to and interest in all real and personal property of the worker,
beneficiary, or other person against whom the warrant is issued, the same as a
judgment in a civil case docketed in the office of such clerk. The sheriff
shall then proceed in the same manner and with like effect as prescribed by law
with respect to execution or other process issued against rights or property
upon judgment in the superior court. Such warrant so docketed shall be
sufficient to support the issuance of writs of garnishment in favor of the
department or self-insurer in the manner provided by law in the case of
judgment, wholly or partially unsatisfied. The clerk of the court shall be
entitled to a filing fee ((of five dollars)) under RCW 36.18.012(10),
which shall be added to the amount of the warrant. A copy of such warrant
shall be mailed to the worker, beneficiary, or other person within three days
of filing with the clerk.
The
director, director's designee, or self-insurer may issue to any person, firm,
corporation, municipal corporation, political subdivision of the state, public
corporation, or agency of the state, a notice to withhold and deliver property
of any kind if there is reason to believe that there is in the possession of
such person, firm, corporation, municipal corporation, political subdivision of
the state, public corporation, or agency of the state, property that is due,
owing, or belonging to any worker, beneficiary, or other person upon whom a
warrant has been served for payments due the department or self-insurer. The
notice and order to withhold and deliver shall be served by certified mail
accompanied by an affidavit of service by mailing or served by the sheriff of
the county, or by the sheriff's deputy, or by any authorized representative of
the director, director's designee, or self-insurer. Any person, firm,
corporation, municipal corporation, political subdivision of the state, public
corporation, or agency of the state upon whom service has been made shall
answer the notice within twenty days exclusive of the day of service, under
oath and in writing, and shall make true answers to the matters inquired or in
the notice and order to withhold and deliver. In the event there is in the
possession of the party named and served with such notice and order, any
property that may be subject to the claim of the department or self-insurer,
such property shall be delivered forthwith to the director, the director's
authorized representative, or self-insurer upon demand. If the party served
and named in the notice and order fails to answer the notice and order within
the time prescribed in this section, the court may, after the time to answer
such order has expired, render judgment by default against the party named in
the notice for the full amount, plus costs, claimed by the director, director's
designee, or self-insurer in the notice. In the event that a notice to
withhold and deliver is served upon an employer and the property found to be
subject thereto is wages, the employer may assert in the answer all exemptions
provided for by chapter 6.27 RCW to which the wage earner may be entitled.
This
subsection shall only apply to orders assessing an overpayment which are issued
on or after July 28, 1991: PROVIDED, That this subsection shall apply
retroactively to all orders assessing an overpayment resulting from fraud,
civil or criminal.
(7)
Orders assessing an overpayment which are issued on or after July 28, 1991,
shall include a conspicuous notice of the collection methods available to the
department or self-insurer.
Sec.
11. RCW
51.48.140 and 1989 c 175 s 121 are each amended to read as follows:
If
a notice of appeal is not served on the director and the board of industrial
insurance appeals pursuant to RCW 51.48.131 within thirty days from the date of
service of the notice of assessment, or if a final decision and order of the
board of industrial insurance appeals in favor of the department is not
appealed to superior court in the manner specified in RCW 34.05.510 through
34.05.598, or if a final decision of any court in favor of the department is
not appealed within the time allowed by law, then the amount of the unappealed
assessment, or such amount of the assessment as is found due by the final decision
and order of the board of industrial insurance appeals or final decision of the
court shall be deemed final and the director or the director's designee may
file with the clerk of any county within the state a warrant in the amount of
the notice of assessment. The clerk of the county wherein the warrant is filed
shall immediately designate a superior court cause number for such warrant, and
the clerk shall cause to be entered in the judgment docket under the superior
court cause number assigned to the warrant, the name of such employer mentioned
in the warrant, the amount of the taxes and penalties due thereon, and the date
when such warrant was filed. The aggregate amount of such warrant as docketed
shall become a lien upon the title to, and interest in all real and personal
property of the employer against whom the warrant is issued, the same as a
judgment in a civil case duly docketed in the office of such clerk. The
sheriff shall thereupon proceed upon the same in all respects and with like
effect as prescribed by law with respect to execution or other process issued
against rights or property upon judgment in the superior court. Such warrant
so docketed shall be sufficient to support the issuance of writs of garnishment
in favor of the state in a manner provided by law in case of judgment, wholly
or partially unsatisfied. The clerk of the court shall be entitled to a filing
fee ((of five dollars)) under RCW 36.18.012(10), which shall be
added to the amount of the warrant. A copy of such warrant shall be mailed to
the employer within three days of filing with the clerk.
Sec.
12. RCW
82.32.210 and 1998 c 311 s 8 are each amended to read as follows:
(1)
If any fee, tax, increase, or penalty or any portion thereof is not paid within
fifteen days after it becomes due, the department of revenue may issue a
warrant in the amount of such unpaid sums, together with interest thereon from
the date the warrant is issued until the date of payment. If, however, the
department of revenue believes that a taxpayer is about to cease business,
leave the state, or remove or dissipate the assets out of which fees, taxes or
penalties might be satisfied and that any tax or penalty will not be paid when
due, it may declare the fee, tax or penalty to be immediately due and payable
and may issue a warrant immediately.
(a)
Interest imposed before January 1, 1999, shall be computed at the rate of one
percent of the amount of the warrant for each thirty days or portion thereof.
(b)
Interest imposed after December 31, 1998, shall be computed on a daily basis on
the amount of outstanding tax or fee at the rate as computed under RCW
82.32.050(2). The rate so computed shall be adjusted on the first day of
January of each year for use in computing interest for that calendar year. As
used in this subsection, "fee" does not include an administrative
filing fee such as a court filing fee and warrant fee.
(2)
The department shall file a copy of the warrant with the clerk of the superior
court of any county of the state in which real and/or personal property of the
taxpayer may be found. The clerk is entitled to a filing fee under RCW
36.18.012(10). Upon filing, the clerk shall enter in the judgment docket,
the name of the taxpayer mentioned in the warrant and in appropriate columns
the amount of the fee, tax or portion thereof and any increases and penalties
for which the warrant is issued and the date when the copy is filed, and
thereupon the amount of the warrant so docketed shall become a specific lien
upon all goods, wares, merchandise, fixtures, equipment, or other personal
property used in the conduct of the business of the taxpayer against whom the
warrant is issued, including property owned by third persons who have a
beneficial interest, direct or indirect, in the operation of the business, and
no sale or transfer of the personal property in any way affects the lien.
(3)
The lien shall not be superior, however, to bona fide interests of third
persons which had vested prior to the filing of the warrant when the third
persons do not have a beneficial interest, direct or indirect, in the operation
of the business, other than the securing of the payment of a debt or the
receiving of a regular rental on equipment. The phrase "bona fide
interests of third persons" does not include any mortgage of real or
personal property or any other credit transaction that results in the mortgagee
or the holder of the security acting as trustee for unsecured creditors of the
taxpayer mentioned in the warrant who executed the chattel or real property
mortgage or the document evidencing the credit transaction.
(4)
The amount of the warrant so docketed shall thereupon also become a lien upon
the title to and interest in all other real and personal property of the
taxpayer against whom it is issued the same as a judgment in a civil case duly
docketed in the office of the clerk. The warrant so docketed shall be
sufficient to support the issuance of writs of garnishment in favor of the
state in the manner provided by law in the case of judgments wholly or
partially unsatisfied.
Sec.
13. RCW
82.36.047 and 1998 c 176 s 17 are each amended to read as follows:
When
an assessment becomes final in accordance with this chapter, the department may
file with the clerk of any county within the state a warrant in the amount of
the assessment of taxes, penalties, interest, and a filing fee ((of five
dollars)) under RCW 36.18.012(10). The clerk of the county in which
the warrant is filed shall immediately designate a superior court cause number
for the warrant, and the clerk shall cause to be entered in the judgment docket
under the superior court cause number assigned to the warrant the name of the
licensee or person mentioned in the warrant, the amount of the tax, penalties,
interest, and filing fee, and the date when the warrant was filed. The
aggregate amount of the warrant as docketed becomes a lien upon the title to
and interest in all real and personal property of the named person against whom
the warrant is issued, the same as a judgment in a civil case duly docketed in
the office of the clerk. The warrant so docketed is sufficient to support the
issuance of writs of execution and writs of garnishment in favor of the state
in the manner provided by law in the case of a civil judgment, wholly or
partially unsatisfied. The clerk of the court is entitled to a filing fee ((of
five dollars)) under RCW 36.18.012(10).
Sec.
14. RCW
82.38.235 and 1998 c 176 s 78 are each amended to read as follows:
Whenever
any assessment shall have become final in accordance with the provisions of
this chapter, the department may file with the clerk of any county within the
state a warrant in the amount of the assessment of taxes, penalties plus
interest and a filing fee ((of five dollars)) under RCW 36.18.012(10).
The clerk of the county wherein the warrant is filed shall immediately
designate a superior court cause number for such warrant, and the clerk shall
cause to be entered in the judgment docket under the superior court cause
number assigned to the warrant, the name of the licensee mentioned in the
warrant, the amount of the tax, penalties, interest and filing fee and the date
when such warrant was filed. The aggregate amount of such warrant as docketed
shall become a lien upon the title to, and interest in all real and personal
property of named person against whom the warrant is issued, the same as a
judgment in a civil case duly docketed in the office of such clerk. Such
warrant so docketed shall be sufficient to support the issuance of writs of
execution and writs of garnishment in favor of the state in the manner provided
by law in the case of civil judgment, wholly or partially unsatisfied. The
clerk of the court shall be entitled to a filing fee ((of five dollars))
under RCW 36.18.012(10), which shall be added to the amount of the
warrant.
