SB 5941 -
By Representative Hunter
ADOPTED 05/21/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 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. With
the exception of funds to be transferred to the judicial stabilization
trust account under RCW 3.62.060(2), money remitted under this
subsection to the state treasurer 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. Funds deposited under this subsection
that are attributable to the county's portion of a surcharge imposed
under RCW 3.62.060(2) must be used to support local trial court and
court-related functions.
(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. 2 RCW 12.40.020 and 2009 c 572 s 2 are each amended to read
as follows:
(1) 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.
(2) Until July 1, ((2011)) 2013, 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 ((shall))
seventy-five percent must be remitted to the state treasurer for
deposit in the judicial stabilization trust account and twenty-five
percent must be retained by the county.
Sec. 3 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)) 2013, 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
seventy-five percent of this surcharge to the state treasurer for
deposit in the judicial stabilization trust account and twenty-five
percent must be retained by the county.
Sec. 4 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:
(1) Clerks of the district courts shall collect the following fees
for their official services:
(((1))) (a) 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-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-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))) (b) For issuing a writ of garnishment or other writ, or for
filing an attorney issued writ of garnishment, a fee of twelve dollars.
(((3))) (c) For filing a supplemental proceeding a fee of twenty
dollars.
(((4))) (d) 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))) (e) For preparing a transcript of a judgment a fee of
twenty dollars.
(((6))) (f) For certifying any document on file or of record in the
clerk's office a fee of five dollars.
(((7))) (g) At the option of the district court:
(((a))) (i) 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))) (ii) For authenticating or exemplifying an instrument, a
fee of two dollars for each additional seal affixed;
(((c))) (iii) 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))) (iv) When copying a document without a seal or file that is
in an electronic format, a fee of twenty-five cents per page;
(((e))) (v) For copies made on a compact disc, an additional fee of
twenty dollars for each compact disc.
(((8))) (h) 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))) (i) 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))) (j) For duplication of part or all of the electronic
recording of a proceeding ten dollars per tape or other electronic
storage medium.
(((11))) (k) 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))) (l) 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))) (2)(a) Until July 1, ((2011)) 2013, 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)) to be collected under this section,
clerks of the district courts must collect a surcharge of twenty
dollars on all fees required to be collected under subsection (1)(a) of
this section.
(b) Seventy-five percent of each surcharge collected under this
subsection (2) must be remitted to the state treasurer for deposit in
the judicial stabilization trust account.
(c) Twenty-five percent of each surcharge collected under this
subsection (2) must be retained by the county.
(3) The fees or charges imposed under this section shall be allowed
as court costs whenever a judgment for costs is awarded.
Sec. 5 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)). However, 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)(a) Until July 1, ((2011)) 2013, in addition to the fees
required ((by this section, clerks of superior courts shall collect the
surcharges required by this subsection, which shall be remitted to the
state treasurer for deposit in the judicial stabilization trust
account:)) to be collected under this section, clerks of the
superior courts must collect surcharges as provided in this subsection
(5) of which seventy-five percent must be remitted to the state
treasurer for deposit in the judicial stabilization trust account and
twenty-five percent must 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
(b) On filing fees required to be collected under subsection (2)(b)
of this section, a surcharge of twenty dollars must be collected.
(c) On all filing fees required to be collected under this section,
except for fees required under subsection (2)(b), (d), and (h) of this
section, a surcharge of thirty dollars must be collected.
Sec. 6 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)) RCW 3.62.060(2), 12.40.020(2), 36.18.018(4), and 36.18.020(5)
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.
NEW SECTION. Sec. 7 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2011."
Correct the title.
EFFECT: Provides that revenues from surcharges on superior and district court filing fees expire on July 1, 2013, rather than being made permanent as provided in the underlying bill. (Under current law, the surcharges are set to expire July 1, 2011.) Provides that 75 percent of revenues from these surcharges are transmitted to the state for deposit in the Judicial Stabilization Trust (JST) Account and 25 percent are retained by the counties. The underlying bill divides these revenues equally between the state and counties. (Under current law, 100 percent of revenues from these surcharges are deposited in the JST Account.)