HOUSE BILL REPORT
HB 2466
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Judiciary
Title: An act relating to county clerk duties.
Brief Description: Modifying duties of county clerks.
Sponsors: Representatives Warnick and O'Brien.
Brief History:
Judiciary: 1/15/08, 1/18/08 [DPS].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 11 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Flannigan, Kirby, Moeller, Pedersen, Ross and Williams.
Staff: Trudes Tango (786-7384).
Background:
Generally the petitioner in a court action is responsible for providing notice of the action to
the other parties. In certain circumstances, notice of an action may be by publication in a
newspaper.
Dissolution of Certain Districts
There are specific procedures for dissolving certain districts, such as port districts, school
districts, water-sewer districts and other similar districts. The Board of Commissioners
(Board) or other governing body of the district must file a petition with the superior court of
the county in which the Board is situated. The court sets a hearing date and the court clerk
must give notice of the hearing by publication in a newspaper of general circulation where the
district is located.
At the hearing, if the court finds that the district is insolvent, the court must set a second
hearing to determine ways of handling the district's indebtedness. The county clerk must give
notice by publication of this second hearing as well.
Dependency Petitions
Any person or the Department of Social and Health Services (DSHS) may file a petition with
the court alleging that a child is dependent due to allegations of abuse or neglect. The court
clerk must issue a summons to the child's parents, guardian, or custodian, requiring them to
appear in court for the hearing on the dependency petition.
When the parent, guardian, or custodian is not a resident of the state or their whereabouts are
unknown and service has been unsuccessful after due diligence, the court clerk must publish
notice of the dependency hearing in the county newspaper where the parent, guardian, or
custodian is believed to reside. The cost of publication is paid by the county.
Summary of Substitute Bill:
The Board or other governing body of the district, rather than the court clerk, must provide
notice by publication of the hearings to dissolve the district.
The DSHS, rather than the county clerk, must publish the notice of the dependency petition
when the parent or guardian is not a resident of the state or their whereabouts are unknown
and service has been unsuccessful after due diligence. The state must pay the cost of
publication.
Substitute Bill Compared to Original Bill:
The dissolving district, rather than the court clerk, must provide notice by publication of the
second hearing if the court orders a second hearing.
Appropriation: None.
Fiscal Note: Preliminary available.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) This bill improves court efficiency and preserves the integrity of the judicial
process by transferring the responsibility of publishing notice from the court clerk to the
responsible party. It is the petitioning party's responsibility to provide notice in cases. This
bill adds consistency in the court process. For dependency cases, it is better to have the state
agency provide notice. The state agency can budget for providing notice by publication
statewide better than counties which provide notice on a county-by-county basis. The notice
requirement doesn't apply to every dependency petition.
(Opposed) None
Persons Testifying: Representative Warnick, prime sponsor; Ruth Gordon, Washington State Association of County Clerks, Washington Association of County Officials; Betty Gould, Washington State Association of County Clerks; and Thomas J. Paulson, Washington State Re-licensing Project.