BILL REQ. #:  S-5258.1 

READ FIRST TIME 03/04/10.   

     AN ACT Relating to judicial branch and criminal justice funding; amending RCW 3.62.020, 12.40.020, 36.18.018, 43.79.505, and 46.63.110; reenacting and amending RCW 3.62.060 and 36.18.020; adding a new section to chapter 48.22 RCW; creating a new section; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature recognizes the importance of a robust judicial system to Washington's citizens. The legislature finds that the court system is an essential component of public safety in Washington state. During the economic crisis of the 2009-2011 fiscal biennium, the legislature concluded that additional resources are necessary to support the state and local courts and judicial branch agencies. The legislature finds that civil and criminal traffic infractions are the majority of cases in local courts. The legislature finds that it is imperative the state continues to prevent auto theft and that the insurance companies in Washington also benefit from preventing auto theft. Therefore, a surcharge shall be levied on all auto insurance policies in Washington. This surcharge will be used to combat auto theft and ultimately lower insurance costs for the citizens of Washington state.

Sec. 2   RCW 3.62.020 and 2009 c 479 s 5 are each amended to read as follows:
     (1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law.
     (2) Except as provided in RCW 10.99.080 and this section, the county treasurer shall remit thirty-two percent of the noninterest money received under subsection (1) of this section except certain costs to the state treasurer. "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. ((Money remitted under this subsection to the state treasurer)) Of the funds to be transferred to the state treasurer from each filing fee paid pursuant to RCW 3.62.060(1), the county treasurer shall remit six dollars and forty cents to the state treasurer for deposit into the judicial stabilization trust account established in RCW 43.79.505. The balance of such funds shall be deposited in the state general fund.
     (3) The balance of the noninterest money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.
     (4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
     (5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
     (6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the state general fund, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.

Sec. 3   RCW 3.62.060 and 2009 c 572 s 1 and 2009 c 372 s 1 are each reenacted and amended to read as follows:
     Clerks of the district courts shall collect the following fees for their official services:
     (1) In any civil action commenced before or transferred to a district court, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of ((forty)) sixty-three dollars plus any surcharge authorized by RCW 7.75.035. Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of ((forty)) sixty-three dollars plus any surcharge authorized by RCW 7.75.035. No party shall be compelled to pay to the court any other fees or charges up to and including the rendition of judgment in the action other than those listed.
     (2) For issuing a writ of garnishment or other writ, or for filing an attorney issued writ of garnishment, a fee of twelve dollars.
     (3) For filing a supplemental proceeding a fee of twenty dollars.
     (4) For demanding a jury in a civil case a fee of one hundred twenty-five dollars to be paid by the person demanding a jury.
     (5) For preparing a transcript of a judgment a fee of twenty dollars.
     (6) For certifying any document on file or of record in the clerk's office a fee of five dollars.
     (7) At the option of the district court:
     (a) 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;
     (b) For authenticating or exemplifying an instrument, a fee of two dollars for each additional seal affixed;
     (c) 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;
     (d) When copying a document without a seal or file that is in an electronic format, a fee of twenty-five cents per page;
     (e) For copies made on a compact disc, an additional fee of twenty dollars for each compact disc.
     (8) For preparing the record of a case for appeal to superior court a fee of forty dollars including any costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).
     (9) At the option of the district court, for clerk's services such as processing ex parte orders, performing historical searches, compiling statistical reports, and conducting exceptional record searches, a fee not to exceed twenty dollars per hour or portion of an hour.
     (10) For duplication of part or all of the electronic recording of a proceeding ten dollars per tape or other electronic storage medium.
     (11) For filing any abstract of judgment or transcript of judgment from a municipal court or municipal department of a district court organized under the laws of this state a fee of forty-three dollars.
     (12) At the option of the district court, a service fee of up to three dollars for the first page and one dollar for each additional page for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.
     (((13) Until July 1, 2011, in addition to the fees required by subsection (1) of this section, clerks of the district courts shall collect a surcharge of twenty dollars on all fees required by subsection (1) of this section, which shall be remitted to the state treasurer for deposit in the judicial stabilization trust account. This surcharge is not subject to the division and remittance requirements of RCW 3.62.020.))
     The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded.

Sec. 4   RCW 12.40.020 and 2009 c 572 s 2 are each amended to read as follows:
     A small claims action shall be commenced by the plaintiff filing a claim, in the form prescribed by RCW 12.40.050, in the small claims department. A filing fee of fourteen dollars plus any surcharge authorized by RCW 7.75.035 shall be paid when the claim is filed. Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of fourteen dollars plus any surcharge authorized by RCW 7.75.035. ((Until July 1, 2011, in addition to the fees required by this section,)) An additional surcharge of ten dollars shall be charged on the filing fees required by this section, of which thirty-two percent shall be remitted to the state treasurer for deposit in the judicial stabilization trust account established in RCW 43.79.505. The balance of the surcharge received by the county treasurer shall be deposited in the county current expense fund.

Sec. 5   RCW 36.18.018 and 2009 c 572 s 3 are each amended 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 administrative office of 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 administrative office of the courts as permitted under RCW 2.68.020 and supreme court policy, a variable fee must be charged.
     (4) ((Until July 1, 2011,)) In addition to the fee established under subsection (2) of this section, a surcharge of thirty dollars is established for appellate review. The county clerk shall transmit this surcharge to the state treasurer for deposit in the judicial stabilization trust account.

Sec. 6   RCW 36.18.020 and 2009 c 572 s 4, 2009 c 479 s 21, and 2009 c 417 s 3 are each reenacted and amended to read as follows:
     (1) Revenue collected under this section is subject to division with the state under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070, except as provided in subsection (5) of this section.
     (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 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 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 document on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when the 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 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.
     (5) ((Until July 1, 2011,)) In addition to the fees required by this section, clerks of superior courts shall collect the surcharges required by this subsection, forty-six percent of which shall be remitted to the state treasurer for deposit in the judicial stabilization trust account and the balance of which shall be retained by the county:
     (a) On filing fees under subsection (2)(b) of this section, a surcharge of twenty dollars; and
     (b) On all other filing fees required by this section except for filing fees in subsection (2)(d) and (h) of this section, a surcharge of thirty dollars.

Sec. 7   RCW 43.79.505 and 2009 c 572 s 5 are each amended to read as follows:
     The judicial stabilization trust account is created within the state treasury, subject to appropriation. ((All receipts from the surcharges authorized by sections 1 through 4, chapter 572, Laws of 2009 shall be deposited in this account.)) Moneys in the account may be spent only after appropriation.
     Expenditures from the account may be used only for the support of judicial branch agencies.

Sec. 8   RCW 46.63.110 and 2009 c 479 s 39 are each amended to read as follows:
     (1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.
     (2) The monetary penalty for a violation of (a) RCW 46.55.105(2) is two hundred fifty dollars for each offense; (b) RCW 46.61.210(1) is five hundred dollars for each offense. No penalty assessed under this subsection (2) may be reduced.
     (3) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.
     (4) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.
     (5) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.
     (6) Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation is imposed by a court under this chapter it is immediately payable. If the court determines, in its discretion, that a person is not able to pay a monetary obligation in full, and not more than one year has passed since the later of July 1, 2005, or the date the monetary obligation initially became due and payable, the court shall enter into a payment plan with the person, unless the person has previously been granted a payment plan with respect to the same monetary obligation, or unless the person is in noncompliance of any existing or prior payment plan, in which case the court may, at its discretion, implement a payment plan. If the court has notified the department that the person has failed to pay or comply and the person has subsequently entered into a payment plan and made an initial payment, the court shall notify the department that the infraction has been adjudicated, and the department shall rescind any suspension of the person's driver's license or driver's privilege based on failure to respond to that infraction. "Payment plan," as used in this section, means a plan that requires reasonable payments based on the financial ability of the person to pay. The person may voluntarily pay an amount at any time in addition to the payments required under the payment plan.
     (a) If a payment required to be made under the payment plan is delinquent or the person fails to complete a community restitution program on or before the time established under the payment plan, unless the court determines good cause therefor and adjusts the payment plan or the community restitution plan accordingly, the court shall notify the department of the person's failure to meet the conditions of the plan, and the department shall suspend the person's driver's license or driving privilege until all monetary obligations, including those imposed under subsections (3) and (4) of this section, have been paid, and court authorized community restitution has been completed, or until the department has been notified that the court has entered into a new time payment or community restitution agreement with the person.
     (b) If a person has not entered into a payment plan with the court and has not paid the monetary obligation in full on or before the time established for payment, the court shall notify the department of the delinquency. The department shall suspend the person's driver's license or driving privilege until all monetary obligations have been paid, including those imposed under subsections (3) and (4) of this section, or until the person has entered into a payment plan under this section.
     (c) If the payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed ten dollars per infraction or twenty-five dollars per payment plan, whichever is less.
     (d) Nothing in this section precludes a court from contracting with outside entities to administer its payment plan system. When outside entities are used for the administration of a payment plan, the court may assess the person a reasonable fee for such administrative services, which fee may be calculated on a periodic, percentage, or other basis.
     (e) If a court authorized community restitution program for offenders is available in the jurisdiction, the court may allow conversion of all or part of the monetary obligations due under this section to court authorized community restitution in lieu of time payments if the person is unable to make reasonable time payments.
     (7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed:
     (a) A fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040;
     (b) A fee of ten dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the ((Washington auto theft prevention authority)) judicial stabilization trust account; and
     (c) A fee of two dollars per infraction. Revenue from this fee shall be forwarded to the state treasurer for deposit in the traumatic brain injury account established in RCW 74.31.060.
     (8)(a) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 shall be assessed an additional penalty of twenty dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a court authorized community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program.
     (b) Eight dollars and fifty cents of the additional penalty under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited in the state general fund. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.
     (9) If a legal proceeding, such as garnishment, has commenced to collect any delinquent amount owed by the person for any penalty imposed by the court under this section, the court may, at its discretion, enter into a payment plan.
     (10) The monetary penalty for violating RCW 46.37.395 is: (a) Two hundred fifty dollars for the first violation; (b) five hundred dollars for the second violation; and (c) seven hundred fifty dollars for each violation thereafter.

NEW SECTION.  Sec. 9   A new section is added to chapter 48.22 RCW to read as follows:
     (1) A surcharge of one dollar every six months per insured automobile must be charged by each insurer to each person purchasing an automobile liability insurance policy, which will be in addition to any other charge authorized by law. Insurers must collect the surcharge at the beginning of every policy term, whether new or renewing. Insurers with annual terms may collect the surcharge for two six-month periods at the beginning of the annual term. The surcharge is nonrefundable.
     (2) Each insurer must transmit the surcharge to the office of the insurance commissioner on or before February 15th and on or before August 15th of each year. The insurer must calculate the surcharge remittance amount based on the policies issued from July 1st through December 31st of the prior year for the February 15th transmittal, and based on policies issued from January 1st through June 30th of the same year for the August 15th transmittal.
     (3) The insurance commissioner may retain and deposit to the insurance commissioner's regulatory account up to two percent of the funds collected to administer collection. The remaining funds must be deposited into the Washington auto theft prevention authority account. The funds will be used to carry out the Washington auto theft prevention authority program duties and functions as set forth in chapter 46.66 RCW.
     (4) The insurance commissioner's authority to impose penalties, and the penalties, for failure to pay the surcharge are the same as the authority to impose penalties, and the penalties, pursuant to RCW 48.14.060.

NEW SECTION.  Sec. 10   This act takes effect July 1, 2010.