BILL REQ. #: S-4846.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 02/24/12. Referred to Committee on Ways & Means.
AN ACT Relating to judicial stabilization trust account surcharges; and amending RCW 3.62.060, 12.40.020, 36.18.018, and 36.18.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 3.62.060 and 2011 1st sp.s. c 44 s 4 are each amended
to read as follows:
(1) Clerks of the district courts shall collect the following fees
for their official services:
(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.
(b) For issuing a writ of garnishment or other writ, or for filing
an attorney issued writ of garnishment, a fee of twelve dollars.
(c) For filing a supplemental proceeding a fee of twenty dollars.
(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.
(e) For preparing a transcript of a judgment a fee of twenty
dollars.
(f) For certifying any document on file or of record in the clerk's
office a fee of five dollars.
(g) At the option of the district court:
(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;
(ii) For authenticating or exemplifying an instrument, a fee of two
dollars for each additional seal affixed;
(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;
(iv) When copying a document without a seal or file that is in an
electronic format, a fee of twenty-five cents per page;
(v) For copies made on a compact disc, an additional fee of twenty
dollars for each compact disc.
(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).
(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.
(j) For duplication of part or all of the electronic recording of
a proceeding ten dollars per tape or other electronic storage medium.
(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.
(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.
(2)(a) Until July 1, 2013, in addition to the fees required to be
collected under this section, clerks of the district courts must
collect a surcharge of ((twenty)) thirty 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. 2 RCW 12.40.020 and 2011 1st sp.s. c 44 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, 2013, in addition to the fees required by this
section, an additional surcharge of ((ten)) twenty dollars shall be
charged on the filing fees required by this section, 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.
Sec. 3 RCW 36.18.018 and 2011 1st sp.s. c 44 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, 2013, in addition to the fee established under
subsection (2) of this section, a surcharge of ((thirty)) forty 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 36.18.020 and 2011 1st sp.s. c 44 s 5 are each 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. 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, 2013, in addition to the fees required 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.
(b) On filing fees required to be collected under subsection (2)(b)
of this section, a surcharge of ((twenty)) thirty 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)) forty dollars must be collected.