5941 AMH SHEA MACB 143

SB 5941 - H AMD TO WAYS COMM AMD (H2764.1) 795

By Representative Shea

FAILED 05/21/2011

    On page 1, after line 2 of the striking amendment, 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."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

    On page 2, line 27, after "(13)" insert "(a)"

    On page 2, beginning on line 30, after "section" strike all material through "RCW 3.62.020."  on line 33 and insert "((, which shall be remitted to the state treasurer for deposit in the judicial stabilization account.  This surcharge is not subject to the division and remittance requirements of RCW 3.62.020)).

(b) Ten dollars of each surcharge collected under this subsection (13) must be remitted to the state treasurer for deposit in the judicial stabilization trust account.

(c) Ten dollars of each surcharge collected under this subsection (13) must be retained by the county.

(14)"

    On page 3, line 10, after "section," strike "which" and insert "of which five dollars"

    On page 3, line 12, after "account" insert "and five dollars shall be retained by the county"

    On page 3, line 26, after "transmit" insert "fifteen dollars of"

    On page 3, line 28, after "account" insert "and fifteen dollars must be retained by the county"

    On page 5, line 13, after "subsection" strike all material through "account" on line 14 and insert "((, which shall be remitted to the state treasurer for deposit in the judicial stabilization trust account)) of which fifty percent must be remitted to the state treasurer for deposit in the judicial stabilization trust account and fifty percent must be retained by the county"

EFFECT:   The revenues from surcharges on superior and district court filing fees are split equally between the state and the county collecting the fee.  The portion retained by the county must be used to support local trial court and court-related functions.

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