SENATE BILL REPORT

ESSB 6499

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, Vognild, Newhouse, Rasmussen, Thorsness, Murray, Patrick, Bender, Rinehart, Bailey, Madsen and Bauer)

Authorizing a surcharge or district court filing fees to fund dispute resolution centers.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 30, 1990; January 31, 1990

Majority Report:  That Substitute Senate Bill No. 6499 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Newhouse, Patrick, Rasmussen, Rinehart, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  March 2, 1990

House Committe on Judiciary

AS PASSED SENATE, FEBRUARY 10, 1990

BACKGROUND:

Procedures for creating and operating dispute resolution centers were enacted as part of the Court Improvement Act of 1984.  The intention was to encourage the establishment and use of dispute resolution centers to help meet the need for alternatives to the courts for the resolution of certain disputes.

Dispute resolution centers are currently authorized to seek and accept contributions from counties and municipalities, federal and state agencies, private sources, and any other funds in order to sustain their operations.

SUMMARY:

A county legislative authority may impose a surcharge of up to $10 on each civil filing fee in district court, and a surcharge of up to $5 on each filing fee for small claims actions in order to fund dispute resolution centers established under the current statutory guidelines.  The surcharge accounts must be audited by the State Auditor in accordance with current provisions that mandate the periodic examination of a taxing district's financial affairs.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 23, 1990

Effective Date:July 1, 1990

Senate Committee - Testified: Dick Croll, Dispute Resolution Center of Snohomish County (pro); Philip Vandeman, M.D., Dispute Resolution Center Committee of Thurston County (pro); Kurt Sharar, Washington State Association of Counties; Ron Shrigley, Dispute Resolution Center of Skagit County (pro); Evan Ferber, Dispute Resolution Center Committee of Thurston County (pro); Nancy Pease, Washington Public Employees Assn. (pro); Liz McLaughlin, Snohomish County Council (pro); Greg Abell, Dispute Resolution Center of Kitsap County (pro); Patricia O'Brien, Dispute Resolution Center of Thurston County (pro); Benita McCormick, Washington Collectors Association (con)

HOUSE AMENDMENTS:

The House amendments expand the possible funding of dispute resolution centers in two ways:  1) the county legislative authority may impose an appearance fee on civil defendants in an amount it determines appropriate; and 2) the maximum surcharge on each filing fee for small claims actions is increased from $5.00 to $15.00.