SENATE BILL REPORT

SB 5826

BYSenator Talmadge

Revising provisions relating to remittal of court costs to the state treasury.

Senate Committee on Judiciary

Senate Hearing Date(s):February 24, 1987; February 26, 1987

Senate Staff:Lidia Mori (786-7461)

AS OF FEBRUARY 24, 1987

BACKGROUND:

Currently, money received by the clerk of a municipal department from penalties, fines, forfeitures, fees and costs, except those statutory costs representing the expenses of a prevailing party, are to be remitted to the city treasurer who then sends 32 percent of the sum, except for parking infractions, to the State Treasurer.

Costs, fees, fines, forfeitures and penalties collected by district and superior courts except for those collected as a result of a violation of city ordinances and those statutory costs awarded to prevailing parties, are to be remitted to the county treasurer.  Thirty-two percent of the money, except for county parking infractions, is then sent to the State Treasurer and the balance is retained by the county.

The Office of the Attorney General has taken the position that all costs should be subject to the 32 percent/68 percent distribution formula with the state receiving 32 percent.  Some confusion exists as to what costs, if any, are exempt from the application of the distribution formula.

SUMMARY:

Costs which are received by a municipal department and which are to be paid to the city treasurer do not include those costs awarded to prevailing parties in civil actions or those costs awarded against convicted defendants in criminal actions.  The 32 percent which is to be remitted by the city treasurer to the State Treasurer shall not include any restitution money ordered pursuant to statute or recoupment of fees of defense counsel required by the court for rehabilitative purposes.

Costs collected by district courts, except for fines, forfeitures and penalties collected because of the violation of city ordinances, are remitted to the county treasurer on a monthly basis.  These costs do not include those awarded to prevailing parties in civil actions or those costs awarded against convicted defendants in criminal actions.  The county treasurer sends 32 percent of the money it receives from district court to the state treasurer.  The money sent to the state treasurer does not include any restitution money ordered pursuant to statute or recoupment of fees of defense council required by the court for rehabilitative purposes.

Costs which are remitted by superior court to the county treasurer do not include costs awarded to prevailing parties in civil actions pursuant to statute or those costs awarded against convicted defendants in criminal actions pursuant to statute.  The 32 percent which the county treasurer remits to the State Treasurer does not include any restitution money ordered pursuant to statute or recoupment of fees of defense counsel required by the court for rehabilitative purposes.

Fiscal Note:      available

Senate Committee - Testified: Curt Sharar, Washington Association of Counties; Janet McLane, Office of the Administrator for the Courts; Jorgen G. Bader, The City of Seattle; James Goche, Association of County Officials