SENATE BILL REPORT

SB 6245

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Law & Justice, February 6, 2014

Title: An act relating to the role of parties in cases related to certain notices and records.

Brief Description: Concerning the role of parties in cases related to certain notices and records.

Sponsors: Senators Dansel and Kline.

Committee Activity: Law & Justice: 2/03/14, 2/06/14 [DPS].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report: That Substitute Senate Bill No. 6245 be substituted therefor, and the substitute bill do pass.

Signed by Senators Padden, Chair; O'Ban, Vice Chair; Kline, Ranking Member; Darneille, Pearson, Pedersen and Roach.

Staff: Tim Ford (786-7423)

Background: The county clerk is an independently elected official who is the administrative and financial officer for the courts of a county. The clerk's office provides multiple functions including receiving and processing all documents in court actions. The processing of court documents involves record classification, assignment of cause number, computerized docketing, and manual filing of hard copy records. Records must be processed, maintained, retained, and purged in accordance with law. In court actions, different laws may apply which may require the clerk of the court to process documents differently. A law may require the clerk to provide notice of a court-related document to another party or non-party to the court action. The following court proceedings require document processing by the clerk:

For certain conviction or commitment proceedings where a person must immediately surrender a concealed pistol license and firearm; within three days after an order of conviction or commitment, the clerk must provide a copy of the committed person's driver license to the Department of Licensing (DOL) and to the National Instant Criminal Background Check System index.
For truancy records where the juvenile has no other case history and is no longer subject to compulsory laws, the clerk must remove the truancy records from the judicial information system.
For adoption proceedings; when a decree of adoption is final, the clerk must complete a data card and transmit the data card with a certified copy of the decree to the state registrar of vital statistics.
For employment-related appeals filed by certified employees of common schools, the clerk must provide notice of the appeal to the school board.
For judgments related to damages caused by motor vehicles, the clerk must provide notice to DOL for nonpayment of the judgment after 30 days.
For a Port District dissolution proceeding, the clerk must provide notice of the dissolution hearing to the general public by newspaper publication and by posting in public places.
For petition filings related to dependency or termination of child-parent relationships, the clerk must issue a summons to the child or custodian, and other persons as appropriate.

Summary of Bill (Recommended Substitute): The requirement to process certain court documents is not required by the county clerk.

The petitioning party, e.g., prosecutor or mental health professional, in a case that results in entry of an order of conviction or order of commitment for mental health treatment where the defendant or respondent is prohibited from possessing a firearm must provide the court with the defendant or respondent’s driver license, identicard, or comparable information. Only one notification to DOL and the National Instant Criminal Background Check System is required for multiple commitments under one cause number.

The clerk is no longer required to remove truancy records from the judicial information system where a juvenile who has no other case history is no longer subject to compulsory attendance laws, and records of a juvenile’s parents who have no other case history.

The certified employee filing an appeal of an adverse change in contract status, not the clerk, is responsible for notifying the chair of a school board within ten days of filing of a notice of appeal.

The judgment creditor, not the clerk, must provide notice of nonpayment of judgments to DOL.

The petitioner, not the clerk, is responsible for publishing the notice of a hearing on a petition for dissolution of port districts.

In dependency and termination petition filings, the petitioning party, not the clerk, issues the required summons.

EFFECT OF CHANGES MADE BY LAW & JUSTICE COMMITTEE (Recommended Substitute): The amendment removes sections 3 and 4 of the bill and requires the clerk to continue to process adoption data cards and forward the cards to the Department of Health.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Original Bill: PRO: The commonality of this bill is that county clerks should not be doing all these tasks which other parties could do. It is in the interest of the other parties to do these tasks. This is a simple bill, a clean-up bill which eliminates duplication of tasks. All counties will benefit from this bill but small rural counties do not have many resources.

Persons Testifying: PRO: Senator Dansel, prime sponsor; James McMahan, WA Assn. of County Officials; Barb Minor, King County Clerk.