SENATE BILL REPORT

SB 5249

BYSenators 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)

                  February 12, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 11, 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 fee for filing the first paper or record in the Washington State Supreme Court and Court of Appeals is raised to $125.  A new fee of $100 is created for filing a petition of review in the Supreme Court.  The filing fee for superior court is $80 and for district court it is $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.

Fiscal Note:      available

EFFECT OF PROPOSED SUBSTITUTE:

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.

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; Curt 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