HOUSE BILL REPORT

HB 2791

BYRepresentative Appelwick

Changing superior court filing fees.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (14)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers and Wineberry.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Padden and Tate.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 1, 1990

BACKGROUND:

The county clerk in each county collects fees for services performed in superior court.  Those fees, which are set by statute, include a basic $78 filing fee for initiating a lawsuit, and a variety of other fees.

Except for the basic filing fee, many of the fees have not been changed in more than 20 years. In 1989, the fee for an unlawful detainer action was lowered from $78 to $30 unless the defendant in the action files an answer, in which case, the plaintiff must pay an additional $48.

SUMMARY:

SUBSTITUTE BILL:  Many of the fees to be charged by county clerks are raised.  The $78 filing fee is not increased.  Fees are raised as follows:

(1)  For a transcript or abstract of judgment: from $15 to $20.

(2) For tax warrants: from $5 to $20.

(3)  For miscellaneous filings: from $2 to $20.

(4) For copying, certifying, authenticating, or exemplifying a document on file or of record: generally from $2 for the first page and $1 for each additional page, to $1 per page for copying and $3 for certifying, authenticating or exemplifying.

(5)  For executing miscellaneous certificates: from $2 to $5.

(6) For writs of garnishment, attachment, restitution, and execution: from $5 to $12.

(7)  For filing a will without probate or a non- judicial resolution of an estate or trust dispute: from $2 to $20.

(8)  For certificates of qualification or letters testamentary: from $2 to $5.

(9)  For preparation of a passport application: from $4 to the amount authorized by federal law.

(10)  For a written report of a record search: from $8 to $15.

(11)  For a post-conviction criminal defendant's filing: from $70 to $78.

(12)  For forms:  fees that reasonably compensate the county for duplicating and furnishing forms.

The original bill would have raised the fee for a writ of garnishment to $20, and would have raised the plaintiff's fee for initiating an unlawful detainer action from $30 to $39.

Fiscal Note:      Requested January 30, 1990.

House Committee ‑ Testified For:    Bob Freudenstein, County Clerks Association.

House Committee - Testified Against:      Rick Slunaker, Yakima Valley Association (opposed original bill).

House Committee - Testimony For:    With minor exceptions, clerks' fees have not been raised in almost 30 years.  Most of the fees are completely inadequate to cover the costs of the services provided.

House Committee - Testimony Against:      There is no demonstrated need for the increases.  Modern technology may have actually reduced the costs of some services.