CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 6401

 

 

                    Chapter 30, Laws of 2002

 

 

                        57th Legislature

                      2002 Regular Session

 

 

COUNTY CLERKS

 

 

 

                    EFFECTIVE DATE:  6/13/02

 

Passed by the Senate February 11, 2002

  YEAS 47   NAYS 0

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House March 5, 2002

  YEAS 96   NAYS 0

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 6401 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

              FRANK CHOPP

Speaker of the

      House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

 

 

 

Approved March 12, 2002 Place Style On Codes above, and Style Off Codes below.   

                                FILED          

 

 

           March 12, 2002 - 2:23 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                         SENATE BILL 6401

          _______________________________________________

 

             Passed Legislature - 2002 Regular Session

 

State of Washington   57th Legislature        2002 Regular Session

 

By Senators Kline, Costa, Long, Fairley, Thibaudeau and Kohl‑Welles

 

Read first time 01/16/2002.  Referred to Committee on Judiciary.

Standardizing references to county clerks. 


    AN ACT Relating to standardizing references to county clerks; and amending RCW 36.23.030, 6.32.350, and 59.28.040.

 

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

 

    Sec. 1.  RCW 36.23.030 and 1987 c 363 s 3 are each amended to read as follows:

    The clerk of the superior court at the expense of the county shall keep the following records:

    (1) A record in which he or she shall enter all appearances and the time of filing all pleadings in any cause;

    (2) A docket in which before every session, he or she shall enter the titles of all causes pending before the court at that session in the order in which they were commenced, beginning with criminal cases, noting in separate columns the names of the attorneys, the character of the action, the pleadings on which it stands at the commencement of the session.  One copy of this docket shall be furnished for the use of the court and another for the use of the members of the bar;

    (3) A record for each session in which he or she shall enter the names of witnesses and jurors, with time of attendance, distance of travel, and whatever else is necessary to enable him or her to make out a complete cost bill;

    (4) A record in which he or she shall record the daily proceedings of the court, and enter all verdicts, orders, judgments, and decisions thereof, which may, as provided by local court rule, be signed by the judge; but the court shall have full control of all entries in ((said)) the record at any time during the session in which they were made;

    (5) An execution docket and also one for a final record in which he or she shall make a full and perfect record of all criminal cases in which a final judgment is rendered, and all civil cases in which by any order or final judgment the title to real estate, or any interest therein, is in any way affected, and such other final judgments, orders, or decisions as the court may require;

    (6) A ((journal)) record in which shall be entered all orders, decrees, and judgments made by the court and the minutes of the court in probate proceedings;

    (7) A record of wills and bonds shall be maintained.  Originals shall be placed in the original file and shall be preserved or duplicated pursuant to RCW 36.23.065;

    (8) A record of letters testamentary, administration, and guardianship in which all letters testamentary, administration, and guardianship shall be recorded;

    (9) A record of claims shall be entered in the appearance docket under the title of each estate or case, stating the name of each claimant, the amount of his or her claim and the date of filing of such;

    (10) A memorandum of the files, in which at least one page shall be given to each estate or case, wherein shall be noted each paper filed in the case, and the date of filing each paper;

    (11) Such other records as are prescribed by law and required in the discharge of the duties of his or her office.

 

    Sec. 2.  RCW 6.32.350 and 1893 c 133 s 34 are each amended to read as follows:

    Each county clerk must keep in his or her office ((a book)) records indexed to the names of the judgment debtors, styled "((book)) records of orders appointing receivers of judgment debtors."  A county clerk in whose office an order or a certified copy of an order is filed, as prescribed in this chapter, must immediately note thereupon the time of filing it, and as soon as practicable, must record it in the ((book)) records so kept by him or her.  He or she must also, upon request, furnish forthwith to any party or person interested, one or more certified copies thereof.  For each omission to comply with any provision of this section, a county clerk forfeits to the party aggrieved two hundred and fifty dollars, in addition to all damages sustained by reason of the omission.

 

    Sec. 3.  RCW 59.28.040 and 2000 c 255 s 3 are each amended to read as follows:

    Except as provided in RCW 59.28.030, all owners of federally assisted housing shall, at least twelve months before the expiration of the rental assistance contract or prepayment of a mortgage or loan, serve a written notice of the anticipated expiration or prepayment date on each tenant household residing in the housing, on the clerk of the city, or clerk of the county legislative authority if in an unincorporated area, in which the property is located, on any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department of community, trade, and economic development, by regular and certified mail.  All owners of federally assisted housing shall also serve written notice of the anticipated expiration or prepayment date on each tenant household that moves into the housing after the initial notice has been given, but before the expiration of the rental assistance contract or prepayment of the mortgage or loan.  This notice shall be given before a new tenant is asked to execute a rental agreement or required to pay any deposits.


    Passed the Senate February 11, 2002.

    Passed the House March 5, 2002.

Approved by the Governor March 12, 2002.

    Filed in Office of Secretary of State March 12, 2002.