SENATE BILL REPORT

SSB 5249

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

Clarifying payment of court filing fees.

Senate Committee on Judiciary

Senate Hearing Date(s):January 20, 1987; January 27, 1987; February 3, 1987

Majority Report:  That Substitute Senate Bill No. 5249 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  February 3, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):February 11, 1987

Majority Report:  That Substitute Senate Bill No. 5249 as recommended by Committee on Judiciary be substituted therefor, and the substitute bill do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bluechel, Cantu, Craswell, Deccio, Fleming, Kreidler, Lee, McDonald, Owen, Rasmussen, Rinehart, Talmadge, Vognild, Warnke, Zimmerman.

Senate Staff:Lynn French (786-7715)

                  April 8, 1987

AS PASSED SENATE, MARCH 2, 1987

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 filing fee for superior court is $80 and in any civil case which is commenced or transferred to district court, the plaintiff shall pay a filing fee of $25 if the amount in controversy is $2,000 or less.  If the amount in controversy is more than $2,000, the plaintiff shall pay a filing fee of $35.  From a court of limited jurisdiction, the filing fee for the first paper on an appeal is raised to $80, except for a defendant in a criminal action.  A fee of $20 is required to file a petition for modification of decree of dissolution of marriage.

Fiscal Note:      available

Senate Committee - Testified: JUDICIARY:  Janet McLane, Office of the Administrator for the Courts; Ben Wood, Washington State Association of Collection Agencies; Kurt Sharar, Washington State Association of Counties; Jim Goche, Washington Association of County Officials; Melanie Stewart- Gerla, District Court Judges Association; John Fattorini, Washington State Bar Association

Senate Committee - Testified: WAYS & MEANS: No one

HOUSE AMENDMENTS:

The fee for filing a notice of appeal or notice of discretionary review of a decision of the Court of Appeals is $100.

The filing fee in any civil action commenced before or transferred to a district court is $25.

A fee of $75 is required for the filing of the first or initial paper in a civil action in superior court.

For the filing of an appeal from a court of limited jurisdiction to superior court or for any civil appeal, the fee is $75.

A fee of $75 is required for filing the first paper in probate proceedings.

For filing any petition to contest a will admitted to probate or one which has been rejected or a petition objecting to a written agreement or memorandum, a fee of $75 is required.