FINAL BILL REPORT

SSB 5249

                                  C 382 L 87

BYSenate Committee on Judiciary (originally sponsored by Senators Talmadge and Bottiger)

Clarifying payment of court filing fees.

Senate Committee on Judiciary and Committee on Ways & Means

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Filing fees are currently shared between the county and the state, with the state receiving 32 percent of the fees collected and the county receiving the balance of the money.  The state deposits its share into the public safety and education account so that the Legislature may appropriate the funds to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, winter recreation parking and state game programs.

The last time filing fees were increased was 1981.  The Court of Appeals current fee for filing the first paper or record and making an appearance is $100.  At the present time, there is no fee for filing a petition of review in the Supreme Court.  The filing fee in superior court is now set at $70 and in district court it is $20.

SUMMARY:

The fee for filing the first paper in the Supreme Court or the Court of Appeals is $125.  For filing a petition for review of a Court of Appeals decision terminating review, the fee is $100.  The filing fee for superior court is $78 and the plaintiff shall pay a filing fee of $25 in any civil case which is commenced or transferred to district court.  From a court of limited jurisdiction, the filing fee for the first paper on an appeal is raised to $78, except for a defendant in a criminal action.  Upon affirmation of a conviction from a court of limited jurisdiction, the superior court clerk shall collect a fee of $70 from the defendant in a criminal case.  The party instituting probate proceedings is required to pay a fee of $78 and for filing a petition to contest a will admitted to probate or a petition to admit a will which has been rejected, the fee is $78.  A fee of $20 is required to file a petition for modification of decree of dissolution of marriage.  An attorney is required to pay $5 for a certificate showing admission to practice law except when it is an original certificate issued at the time of admission.

VOTES ON FINAL PASSAGE:

      Senate    45     0

      House 94   2 (House amended)

      Senate             (Senate refused to concur)

      House             (House refused to recede)

Free Conference Committee

      House 94   1

      Senate    43     1

EFFECTIVE:July 26, 1987