SB 5013 -
By Senators Kline, McCaslin
ADOPTED 03/03/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 36.18.012 and 2006 c 192 s 1 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 twenty dollars.
(3) The clerk shall collect a fee of twenty dollars for: Filing a
((paper)) document 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.
(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 one
hundred twelve dollars.
(5) Any party filing a counterclaim, cross-claim, or third-party
claim in an unlawful detainer action under chapter 59.18 or 59.20 RCW
shall pay the equivalent to the total filing fee of an unlawful
detainer action pursuant to RCW 36.18.020, including the fee for an
unlawful detainer answer pursuant to subsection (4) of this section.
(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 twenty dollars must be charged for filing a petition,
written agreement, or written memorandum in a nonjudicial probate
dispute under RCW 11.96A.220, if it is filed within an existing case in
the same court.
(9) A fee of thirty-five dollars must be charged for filing a
petition regarding a common law lien under RCW 60.70.060.
(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 July 22, 2001, 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 2007 c 496 s 204 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)(a) For the filing of a petition for modification of a decree of
dissolution or paternity, within the same case as the original action,
and any party filing a counterclaim, cross-claim, or third-party claim
in any such action, a fee of thirty-six dollars must be paid.
(b) The party filing the first or initial petition for dissolution,
legal separation, or declaration concerning the validity of marriage
shall pay, at the time and in addition to the filing fee required under
RCW 36.18.020, a fee of thirty dollars. The clerk of the superior
court shall transmit monthly twenty-four dollars of the thirty-dollar
fee collected under this subsection to the state treasury for deposit
in the domestic violence prevention account. The remaining six dollars
shall be retained by the county for the purpose of supporting
community-based services within the county for victims of domestic
violence, except for five percent of the six dollars, which may be
retained by the court for administrative purposes.
(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 one
hundred twenty-five dollars for a jury of six, or two hundred fifty
dollars for a jury of twelve may be imposed as costs under RCW
10.46.190.
(4) For preparing a certified copy of an instrument on file or of
record in the clerk's office, for the first page or portion of the
first page, a fee of five 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 two dollars for
each additional seal affixed must be charged. For preparing a copy of
an instrument on file or of record in the clerk's office without a
seal, a fee of fifty cents per page must be charged. When copying a
document without a seal or file that is in an electronic format, a fee
of twenty-five cents per page must be charged. For copies made on a
compact disc, an additional fee of twenty dollars for each compact disc
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 filing a supplemental proceeding, a fee of twenty dollars
must be charged.
(8) 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.
(9) 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)) five dollars.
(10) For the preparation of a passport application, the clerk may
collect an execution fee as authorized by the federal government.
(11) For clerk's services such as processing ex parte orders,
performing historical searches, compiling statistical reports, and
conducting exceptional record searches, the clerk may collect a fee not
to exceed ((twenty)) thirty dollars per hour ((or portion of an hour)).
(12) 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 or other electronic storage medium.
(13) For registration of land titles, Torrens Act, under RCW
65.12.780, a fee of twenty dollars must be charged.
(14) For the issuance of extension of judgment under RCW 6.17.020
and chapter 9.94A RCW, a fee of two hundred dollars must be charged.
When the extension of judgment is at the request of the clerk, the two
hundred dollar charge may be imposed as court costs under RCW
10.46.190.
(15) A facilitator surcharge of up to twenty dollars must be
charged as authorized under RCW 26.12.240.
(16) For filing a water rights statement under RCW 90.03.180, a fee
of twenty-five dollars must be charged.
(17) For filing a claim of frivolous lien under RCW 60.04.081, a
fee of thirty-five dollars must be charged.
(18) For preparation of a change of venue, a fee of twenty dollars
must be charged by the originating court in addition to the per page
charges in subsection (4) of this section.
(19) A service fee of ((three)) five 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) For preparation of clerk's papers under RAP 9.7, a fee of
fifty cents per page must be charged.
(21) 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) Investment service charge and earnings under RCW 36.48.090
must be charged.
(23) Costs for nonstatutory services rendered by clerk by authority
of local ordinance or policy must be charged.
(24) For filing a request for mandatory arbitration, a filing fee
may be assessed against the party filing a statement of arbitrability
not to exceed two hundred twenty dollars as established by authority of
local ordinance. This charge shall be used solely to offset the cost
of the mandatory arbitration program.
(25) 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.
(26) A public agency may not charge a fee to a law enforcement
agency, for preparation, copying, or mailing of certified copies of the
judgment and sentence, information, affidavit of probable cause, and/or
the notice of requirement to register, of a sex offender convicted in
a Washington court, when such records are necessary for risk
assessment, preparation of a case for failure to register, or
maintenance of a sex offender's registration file.
(27) For the filing of a will or codicil under the provisions of
chapter 11.12 RCW, a fee of twenty dollars must be charged.
(28) In probate proceedings, the party filing a creditor's claim
pursuant to chapter 11.40 RCW, a fee of one hundred dollars must be
charged. No fee shall be collected for claims filed pursuant to
chapter 43.20B RCW.
(29) For the collection of unpaid legal financial obligations, the
clerk may impose an annual fee of up to one hundred dollars, pursuant
to RCW 9.94A.780.
(30) A surcharge of up to twenty dollars may be charged in
dissolution and legal separation actions as authorized by RCW
26.12.260.
The revenue to counties from the fees established in this section
shall be deemed to be complete reimbursement from the state for the
state's share of benefits paid to the superior court judges of the
state prior to July 24, 2005, and no claim shall lie against the state
for such benefits.
Sec. 3 RCW 36.18.020 and 2005 c 457 s 19 and 2005 c 374 s 5 are
each reenacted and 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) In addition to any other fee required by law, the party filing
the first or initial ((paper)) document in any civil action, including,
but not limited to an action for restitution, adoption, or change of
name, and any party filing a counterclaim, cross-claim, or third-party
claim in any such civil action, shall pay, at the time the ((paper))
document is filed, a fee of two hundred 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 forty-five 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 forty-five 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)) document on an appeal from a court of
limited jurisdiction or any party on any civil appeal, shall pay, when
the ((paper)) document is filed, a fee of two hundred dollars.
(c) For filing of a petition for judicial review as required under
RCW 34.05.514 a filing fee of two hundred dollars.
(d) For filing of a petition for unlawful harassment under RCW
10.14.040 a filing fee of fifty-three dollars.
(e) For filing the notice of debt due for the compensation of a
crime victim under RCW 7.68.120(2)(a) a fee of two hundred dollars.
(f) In probate proceedings, the party instituting such proceedings,
shall pay at the time of filing the first ((paper)) document therein,
a fee of two hundred 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
11.96A.220, there shall be paid a fee of two hundred 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 two hundred
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.
(4) No fee shall be collected when an abstract of judgment is filed
by the county clerk of another county for the purposes of collection of
legal financial obligations."
SB 5013 -
By Senators Kline, McCaslin
ADOPTED 03/03/2009
On page 1, line 1 of the title, after "clerks;" strike the remainder of the title and insert "amending RCW 36.18.012 and 36.18.016; and reenacting and amending RCW 36.18.020."
EFFECT: The clerk's authority to charge the full fee for clerk services for a portion of an hour is removed. The filing fee for creditors' claims is reduced from $200 to $100. DSHS is exempted from paying the filing fee for creditors' claims, which removes the fiscal impact to DSHS.