AN ACT Relating to
court filing fees; amending RCW 36.18.012, 36.18.016, 36.18.025, 40.14.027,
41.50.136, 46.87.370, 50.20.190, 50.24.115, 51.24.060, 51.48.140, 82.32.210,
82.36.047, and 82.38.235; and reenacting and amending RCW 51.32.240.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 36.18.012 and 1999 c
42 s 634 are each amended to read as follows:
(1) Revenue collected
under this section is subject to division with the state for deposit in the
public safety and education account under RCW 36.18.025.
(2) The party filing a
transcript or abstract of judgment or verdict from a United States court held
in this state, or from the superior court of another county or from a district
court in the county of issuance, shall pay at the time of filing a fee of
fifteen dollars.
(3) ((For the filing
of a tax warrant by the department of revenue of the state of Washington, a fee
of five dollars must be paid.
(4))) The clerk shall collect a fee of twenty
dollars for: Filing a paper not related to or a part of a proceeding, civil or
criminal, or a probate matter, required or permitted to be filed in the clerk's
office for which no other charge is provided by law.
(((5))) (4)
If the defendant serves or files an answer to an unlawful detainer complaint
under chapter 59.18 or 59.20 RCW, the plaintiff shall pay before proceeding
with the unlawful detainer action eighty dollars.
(((6))) (5)
For a restrictive covenant for filing a petition to strike discriminatory
provisions in real estate under RCW 49.60.227 a fee of twenty dollars must be
charged.
(((7))) (6)
A fee of twenty dollars must be charged for filing a will only, when no probate
of the will is contemplated.
(((8))) (7)
A fee of two dollars must be charged for filing a petition, written agreement,
or written memorandum in a nonjudicial probate dispute under RCW 11.96A.220.
(((9))) (8)
A fee of thirty-five dollars must be charged for filing a petition regarding a
common law lien under RCW 60.70.060.
(((10))) (9)
For certification of delinquent taxes by a county treasurer under RCW
84.64.190, a fee of five dollars must be charged.
(10) For the filing
of a tax warrant for unpaid taxes or overpayment of benefits by any agency of
the state of Washington, a fee of five dollars on or after the effective date
of this act, and for the filing of such a tax warrant or overpayment of
benefits on or after July 1, 2003, a fee of twenty dollars, of which forty-six
percent of the first five dollars is directed to the public safety and
education account established under RCW 43.08.250.
Sec. 2. RCW 36.18.016 and 2000 c
170 s 1 are each amended to read as follows:
(1) Revenue collected
under this section is not subject to division under RCW 36.18.025 or 27.24.070.
(2) For the filing of a
petition for modification of a decree of dissolution or paternity, within the
same case as the original action, a fee of twenty dollars must be paid.
(3)(a) The party making
a demand for a jury of six in a civil action shall pay, at the time, a fee of
one hundred twenty-five dollars; if the demand is for a jury of twelve, a fee
of two hundred fifty dollars. If, after the party demands a jury of six and
pays the required fee, any other party to the action requests a jury of twelve,
an additional one hundred twenty-five dollar fee will be required of the party
demanding the increased number of jurors.
(b) Upon conviction in
criminal cases a jury demand charge of fifty dollars for a jury of six, or one
hundred dollars for a jury of twelve may be imposed as costs under RCW
10.46.190.
(4) For preparing,
transcribing, or certifying an instrument on file or of record in the clerk's
office, with or without seal, for the first page or portion of the first page,
a fee of two dollars, and for each additional page or portion of a page, a fee
of one dollar must be charged. For authenticating or exemplifying an
instrument, a fee of one dollar for each additional seal affixed must be charged.
(5) For executing a
certificate, with or without a seal, a fee of two dollars must be charged.
(6) For a garnishee
defendant named in an affidavit for garnishment and for a writ of attachment, a
fee of twenty dollars must be charged.
(7) For approving a
bond, including justification on the bond, in other than civil actions and
probate proceedings, a fee of two dollars must be charged.
(8) For the issuance of
a certificate of qualification and a certified copy of letters of
administration, letters testamentary, or letters of guardianship, there must be
a fee of two dollars.
(9) For the preparation
of a passport application, the clerk may collect an execution fee as authorized
by the federal government.
(10) For clerk's ((special))
services such as processing ex parte orders ((by mail)), performing
historical searches, compiling statistical reports, and conducting exceptional
record searches, the clerk may collect a fee not to exceed twenty dollars per
hour or portion of an hour.
(11) For duplicated recordings
of court's proceedings there must be a fee of ten dollars for each audio tape
and twenty-five dollars for each video tape.
(12) For the filing of
oaths and affirmations under chapter 5.28 RCW, a fee of twenty dollars must be
charged.
(13) For filing a
disclaimer of interest under RCW 11.86.031(4), a fee of two dollars must be
charged.
(14) For registration
of land titles, Torrens Act, under RCW 65.12.780, a fee of five dollars must be
charged.
(15) For the issuance
of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of one
hundred ten dollars must be charged.
(16) A facilitator
surcharge of ten dollars must be charged as authorized under RCW 26.12.240.
(17) For filing a water
rights statement under RCW 90.03.180, a fee of twenty-five dollars must be
charged.
(18) ((For filing a
warrant for overpayment of state retirement systems benefits under chapter
41.50 RCW, a fee of five dollars shall be charged pursuant to RCW 41.50.136.
(19))) A service fee of three dollars for the first
page and one dollar for each additional page must be charged for receiving
faxed documents, pursuant to Washington state rules of court, general rule 17.
(((20))) (19)
For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page
must be charged.
(((21))) (20)
For copies and reports produced at the local level as permitted by RCW 2.68.020
and supreme court policy, a variable fee must be charged.
(((22))) (21)
Investment service charge and earnings under RCW 36.48.090 must be charged.
(((23))) (22)
Costs for nonstatutory services rendered by clerk by authority of local
ordinance or policy must be charged.
(((24))) (23)
For filing a request for mandatory arbitration, a fee may be assessed against
the party filing a statement of arbitrability not to exceed one hundred twenty
dollars as established by authority of local ordinance and approved by a vote
of the people if it is determined by a court of competent jurisdiction that
such a vote is required by chapter 1, Laws of 2000 (Initiative Measure No.
695). This charge shall be used solely to offset the cost of the mandatory
arbitration program.
(((25))) (24)
For filing a request for trial de novo of an arbitration award, a fee not to
exceed two hundred fifty dollars as established by authority of local ordinance
must be charged.
Sec. 3. RCW 36.18.025 and 1992 c
54 s 2 are each amended to read as follows:
Forty-six percent of
the money received from filing fees paid pursuant to RCW 36.18.020, except
those collected for the filing of warrants for unpaid taxes or overpayments by
state agencies as outlined in RCW 36.18.012(10), shall be transmitted by
the county treasurer each month to the state treasurer for deposit in the
public safety and education account established under RCW 43.08.250.
Sec. 4. RCW 40.14.027 and 1996 c
245 s 4 are each amended to read as follows:
State agencies shall
collect a surcharge of twenty dollars from the judgment debtor upon the
satisfaction of a warrant filed in superior court for unpaid taxes or
liabilities. The surcharge is imposed on the judgment debtor in the form of a
penalty in addition to the filing fee provided in RCW 36.18.012(((3))) (10).
The surcharge revenue shall be transmitted to the state treasurer for deposit
in the archives and records management account.
Surcharge revenue
deposited in the archives and records management account shall be expended by
the secretary of state exclusively for disaster recovery, essential records
protection services, and records management training for local government
agencies by the division of archives and records management. The secretary of
state shall, with local government representatives, establish a committee to
advise the state archivist on the local government archives and records
management program.
Sec. 5. RCW 41.50.136 and 1996 c
56 s 2 are each amended to read as follows:
Whenever a notice of
determination of liability becomes conclusive and final under RCW 41.50.135,
the director, upon giving at least twenty days notice by certified mail return
receipt requested to the individual's last known address of the intended
action, may file with the superior court clerk of any county within the state a
warrant in the amount of the notice of determination of liability plus a filing
fee ((of five dollars payable)) under RCW ((36.18.016)) 36.18.012(10).
The clerk of the county where the warrant is filed shall immediately designate
a superior court cause number for the warrant, and the clerk shall cause to be
entered in the judgment docket under the superior court cause number assigned
to the warrant, the name of the person mentioned in the warrant, the amount of
the notice of determination of liability, and the date when the warrant was
filed. The amount of the warrant as docketed shall become a lien upon the
title to, and any interest in, all real and personal property of the person
against whom the warrant is issued, the same as a judgment in a civil case duly
docketed in the office of such clerk. A copy of the warrant shall be mailed to
the person mentioned in the warrant by certified mail to the person's last
known address within five days of its filing with the clerk.
Sec. 6. RCW 46.87.370 and 1987 c
244 s 50 are each amended to read as follows:
Whenever
any assessment has become final in accordance with this chapter, the department
may file with the clerk of any county within this state a warrant in the amount
of fees, taxes, penalties, interest, and a filing fee ((of five dollars))
under RCW 36.18.012(10). The clerk of the county in which the warrant
is filed shall immediately designate a superior court cause number for the
warrant, and the clerk shall cause to be entered in the judgment docket under
the superior court cause number assigned to the warrant the name of the
delinquent owner of proportionally registered vehicles mentioned in the
warrant, the amount of the fees, taxes, penalties, interest, and filing fee,
and the date when the warrant was filed. The aggregate amount of the warrant as
docketed constitutes a lien upon the title to, and interest in, all real and
personal property of the named person against whom the warrant is issued, the
same as a judgment in a civil case duly docketed in the office of the clerk. A
warrant so docketed is sufficient to support the issuance of writs of execution
and writs of garnishment in favor of the state in the manner provided by law in
the case of civil judgment wholly or partially unsatisfied. The clerk of the
court is entitled to a filing fee ((of five dollars)) under RCW
36.18.012(10), which shall be added to the amount of the warrant.
Sec. 7. RCW 50.20.190 and 1995 c
90 s 1 are each amended to read as follows:
(1) An individual who
is paid any amount as benefits under this title to which he or she is not
entitled shall, unless otherwise relieved pursuant to this section, be liable
for repayment of the amount overpaid. The department shall issue an
overpayment assessment setting forth the reasons for and the amount of the
overpayment. The amount assessed, to the extent not collected, may be deducted
from any future benefits payable to the individual: PROVIDED, That in the
absence of a back pay award, a settlement affecting the allowance of benefits,
fraud, misrepresentation, or willful nondisclosure, every determination of
liability shall be mailed or personally served not later than two years after
the close of or final payment made on the individual's applicable benefit year
for which the purported overpayment was made, whichever is later, unless the
merits of the claim are subjected to administrative or judicial review in which
event the period for serving the determination of liability shall be extended
to allow service of the determination of liability during the six-month period
following the final decision affecting the claim.
(2) The commissioner
may waive an overpayment if the commissioner finds that ((said)) the
overpayment was not the result of fraud, misrepresentation, willful
nondisclosure, or fault attributable to the individual and that the recovery
thereof would be against equity and good conscience: PROVIDED, HOWEVER, That
the overpayment so waived shall be charged against the individual's applicable
entitlement for the eligibility period containing the weeks to which the
overpayment was attributed as though such benefits had been properly paid.
(3) Any assessment
herein provided shall constitute a determination of liability from which an
appeal may be had in the same manner and to the same extent as provided for
appeals relating to determinations in respect to claims for benefits:
PROVIDED, That an appeal from any determination covering overpayment only shall
be deemed to be an appeal from the determination which was the basis for
establishing the overpayment unless the merits involved in the issue set forth
in such determination have already been heard and passed upon by the appeal
tribunal. If no such appeal is taken to the appeal tribunal by the individual
within thirty days of the delivery of the notice of determination of liability,
or within thirty days of the mailing of the notice of determination, whichever
is the earlier, ((said)) the determination of liability shall be
deemed conclusive and final. Whenever any such notice of determination of
liability becomes conclusive and final, the commissioner, upon giving at least
twenty days notice by certified mail return receipt requested to the
individual's last known address of the intended action, may file with the
superior court clerk of any county within the state a warrant in the amount of
the notice of determination of liability plus a filing fee ((of five dollars))
under RCW 36.18.012(10). The clerk of the county where the warrant is
filed shall immediately designate a superior court cause number for the
warrant, and the clerk shall cause to be entered in the judgment docket under
the superior court cause number assigned to the warrant, the name of the
person(s) mentioned in the warrant, the amount of the notice of determination
of liability, and the date when the warrant was filed. The amount of the
warrant as docketed shall become a lien upon the title to, and any interest in,
all real and personal property of the person(s) against whom the warrant is
issued, the same as a judgment in a civil case duly docketed in the office of
such clerk. A warrant so docketed shall be sufficient to support the issuance
of writs of execution and writs of garnishment in favor of the state in the
manner provided by law for a civil judgment. A copy of the warrant shall be
mailed to the person(s) mentioned in the warrant by certified mail to the
person's last known address within five days of its filing with the clerk.
(4) On request of any
agency which administers an employment security law of another state, the
United States, or a foreign government and which has found in accordance with
the provisions of such law that a claimant is liable to repay benefits received
under such law, the commissioner may collect the amount of such benefits from
the claimant to be refunded to the agency. In any case in which under this
section a claimant is liable to repay any amount to the agency of another
state, the United States, or a foreign government, such amounts may be
collected without interest by civil action in the name of the commissioner
acting as agent for such agency if the other state, the United States, or the
foreign government extends such collection rights to the employment security
department of the state of Washington, and provided that the court costs be paid
by the governmental agency benefiting from such collection.
(5) Any employer who is
a party to a back pay award or settlement due to loss of wages shall, within
thirty days of the award or settlement, report to the department the amount of
the award or settlement, the name and social security number of the recipient
of the award or settlement, and the period for which it is awarded. When an
individual has been awarded or receives back pay, for benefit purposes the
amount of the back pay shall constitute wages paid in the period for which it
was awarded. For contribution purposes, the back pay award or settlement shall
constitute wages paid in the period in which it was actually paid. The
following requirements shall also apply:
(a) The employer shall
reduce the amount of the back pay award or settlement by an amount determined
by the department based upon the amount of unemployment benefits received by
the recipient of the award or settlement during the period for which the back
pay award or settlement was awarded;
(b) The employer shall
pay to the unemployment compensation fund, in a manner specified by the
commissioner, an amount equal to the amount of such reduction;
(c) The employer shall
also pay to the department any taxes due for unemployment insurance purposes on
the entire amount of the back pay award or settlement notwithstanding any
reduction made pursuant to (a) of this subsection;
(d) If the employer
fails to reduce the amount of the back pay award or settlement as required in
(a) of this subsection, the department shall issue an overpayment assessment
against the recipient of the award or settlement in the amount that the back
pay award or settlement should have been reduced; and
(e) If the employer
fails to pay to the department an amount equal to the reduction as required in
(b) of this subsection, the department shall issue an assessment of liability
against the employer which shall be collected pursuant to the procedures for
collection of assessments provided herein and in RCW 50.24.110.
(6) When an individual
fails to repay an overpayment assessment that is due and fails to arrange for
satisfactory repayment terms, the commissioner shall impose an interest penalty
of one percent per month of the outstanding balance. Interest shall accrue
immediately on overpayments assessed pursuant to RCW 50.20.070 and shall be
imposed when the assessment becomes final. For any other overpayment, interest
shall accrue when the individual has missed two or more of their monthly
payments either partially or in full. The interest penalty shall be used to
fund detection and recovery of overpayment and collection activities.
Sec. 8. RCW 50.24.115 and 1983
1st ex.s. c 23 s 16 are each amended to read as follows:
Whenever any order and
notice of assessment or jeopardy assessment shall have become final in
accordance with the provisions of this title the commissioner may file with the
clerk of any county within the state a warrant in the amount of the notice of
assessment plus interest, penalties, and a filing fee ((of five dollars))
under RCW 36.18.012(10). The clerk of the county wherein the warrant is
filed shall immediately designate a superior court cause number for such
warrant, and the clerk shall cause to be entered in the judgment docket under
the superior court cause number assigned to the warrant, the name of the
employer mentioned in the warrant, the amount of the tax, interest, penalties,
and filing fee and the date when such warrant was filed. The aggregate amount
of such warrant as docketed shall become a lien upon the title to, and interest
in all real and personal property of the employer against whom the warrant is
issued, the same as a judgment in a civil case duly docketed in the office of
such clerk. Such warrant so docketed shall be sufficient to support the
issuance of writs of execution and writs of garnishment in favor of the state
in the manner provided by law in the case of civil judgment, wholly or
partially unsatisfied. The clerk of the court shall be entitled to a filing
fee ((of five dollars)) under RCW 36.18.012(10), which shall be
added to the amount of the warrant, and charged by the commissioner to the
employer or employing unit. A copy of the warrant shall be mailed to the
employer or employing unit by certified mail to his last known address within
five days of filing with the clerk.
Sec. 9. RCW 51.24.060 and 1995 c
199 s 4 are each amended to read as follows:
(1) If the injured
worker or beneficiary elects to seek damages from the third person, any
recovery made shall be distributed as follows:
(a) The costs and
reasonable attorneys' fees shall be paid proportionately by the injured worker
or beneficiary and the department and/or self-insurer: PROVIDED, That the
department and/or self-insurer may require court approval of costs and
attorneys' fees or may petition a court for determination of the reasonableness
of costs and attorneys' fees;
(b) The injured worker
or beneficiary shall be paid twenty-five percent of the balance of the award:
PROVIDED, That in the event of a compromise and settlement by the parties, the
injured worker or beneficiary may agree to a sum less than twenty-five percent;
(c) The department
and/or self-insurer shall be paid the balance of the recovery made, but only to
the extent necessary to reimburse the department and/or self-insurer for
benefits paid;
(i) The department
and/or self-insurer shall bear its proportionate share of the costs and
reasonable attorneys' fees incurred by the worker or beneficiary to the extent
of the benefits paid under this title: PROVIDED, That the department's and/or
self-insurer's proportionate share shall not exceed one hundred percent of the
costs and reasonable attorneys' fees;
(ii) The department's
and/or self-insurer's proportionate share of the costs and reasonable
attorneys' fees shall be determined by dividing the gross recovery amount into
the benefits paid amount and multiplying this percentage times the costs and
reasonable attorneys' fees incurred by the worker or beneficiary;
(iii) The department's
and/or self-insurer's reimbursement share shall be determined by subtracting
their proportionate share of the costs and reasonable attorneys' fees from the
benefits paid amount;
(d) Any remaining
balance shall be paid to the injured worker or beneficiary; and
(e) Thereafter no
payment shall be made to or on behalf of a worker or beneficiary by the
department and/or self-insurer for such injury until the amount of any further
compensation and benefits shall equal any such remaining balance minus the
department's and/or self-insurer's proportionate share of the costs and
reasonable attorneys' fees in regards to the remaining balance. This
proportionate share shall be determined by dividing the gross recovery amount
into the remaining balance amount and multiplying this percentage times the
costs and reasonable attorneys' fees incurred by the worker or beneficiary.
Thereafter, such benefits shall be paid by the department and/or self-insurer
to or on behalf of the worker or beneficiary as though no recovery had been
made from a third person.
(2) The recovery made
shall be subject to a lien by the department and/or self-insurer for its share
under this section.
(3) The department or
self-insurer has sole discretion to compromise the amount of its lien. In
deciding whether or to what extent to compromise its lien, the department or
self-insurer shall consider at least the following:
(a) The likelihood of
collection of the award or settlement as may be affected by insurance coverage,
solvency, or other factors relating to the third person;
(b) Factual and legal
issues of liability as between the injured worker or beneficiary and the third
person. Such issues include but are not limited to possible contributory
negligence and novel theories of liability; and
(c) Problems of proof
faced in obtaining the award or settlement.
(4) In an action under
this section, the self-insurer may act on behalf and for the benefit of the
department to the extent of any compensation and benefits paid or payable from
state funds.
(5) It shall be the
duty of the person to whom any recovery is paid before distribution under this
section to advise the department or self-insurer of the fact and amount of such
recovery, the costs and reasonable attorneys' fees associated with the
recovery, and to distribute the recovery in compliance with this section.
(6) The distribution of
any recovery made by award or settlement of the third party action shall be
confirmed by department order, served by registered or certified mail, and
shall be subject to chapter 51.52 RCW. In the event the order of distribution
becomes final under chapter 51.52 RCW, the director or the director's designee
may file with the clerk of any county within the state a warrant in the amount
of the sum representing the unpaid lien plus interest accruing from the date
the order became final. The clerk of the county in which the warrant is filed
shall immediately designate a superior court cause number for such warrant and
the clerk shall cause to be entered in the judgment docket under the superior
court cause number assigned to the warrant, the name of such worker or
beneficiary mentioned in the warrant, the amount of the unpaid lien plus
interest accrued and the date when the warrant was filed. The amount of such
warrant as docketed shall become a lien upon the title to and interest in all
real and personal property of the injured worker or beneficiary against whom
the warrant is issued, the same as a judgment in a civil case docketed in the
office of such clerk. The sheriff shall then proceed in the same manner and
with like effect as prescribed by law with respect to execution or other
process issued against rights or property upon judgment in the superior court.
Such warrant so docketed shall be sufficient to support the issuance of writs
of garnishment in favor of the department in the manner provided by law in the
case of judgment, wholly or partially unsatisfied. The clerk of the court shall
be entitled to a filing fee ((of five dollars)) under RCW
36.18.012(10), which shall be added to the amount of the warrant. A copy
of such warrant shall be mailed to the injured worker or beneficiary within
three days of filing with the clerk.
(7) The director, or
the director's designee, may issue to any person, firm, corporation, municipal
corporation, political subdivision of the state, public corporation, or agency
of the state, a notice and order to withhold and deliver property of any kind
if he or she has reason to believe that there is in the possession of such
person, firm, corporation, municipal corporation, political subdivision of the
state, public corporation, or agency of the state, property which is due,
owing, or belonging to any worker or beneficiary upon whom a warrant has been
served by the department for payments due to the state fund. The notice and
order to withhold and deliver shall be served by the sheriff of the county or
by the sheriff's deputy; by certified mail, return receipt requested; or by any
authorized representatives of the director. Any person, firm, corporation,
municipal corporation, political subdivision of the state, public corporation,
or agency of the state upon whom service has been made shall answer the notice
within twenty days exclusive of the day of service, under oath and in writing,
and shall make true answers to the matters inquired of in the notice and order
to withhold and deliver. In the event there is in the possession of the party
named and served with such notice and order, any property which may be subject
to the claim of the department, such property shall be delivered forthwith to
the director or the director's authorized representative upon demand. If the
party served and named in the notice and order fails to answer the notice and
order within the time prescribed in this section, the court may, after the time
to answer such order has expired, render judgment by default against the party
named in the notice for the full amount claimed by the director in the notice
together with costs. In the event that a notice to withhold and deliver is
served upon an employer and the property found to be subject thereto is wages,
the employer may assert in the answer to all exemptions provided for by chapter
6.27 RCW to which the wage earner may be entitled.
Sec. 10. RCW 51.32.240 and 1999 c
396 s 1 and 1999 c 119 s 1 are each reenacted and amended to read as follows:
(1) Whenever any
payment of benefits under this title is made because of clerical error, mistake
of identity, innocent misrepresentation by or on behalf of the recipient
thereof mistakenly acted upon, or any other circumstance of a similar nature,
all not induced by fraud, the recipient thereof shall repay it and recoupment
may be made from any future payments due to the recipient on any claim with the
state fund or self-insurer, as the case may be. The department or
self-insurer, as the case may be, must make claim for such repayment or
recoupment within one year of the making of any such payment or it will be
deemed any claim therefor has been waived. The director, pursuant to rules
adopted in accordance with the procedures provided in the administrative
procedure act, chapter 34.05 RCW, may exercise his discretion to waive, in
whole or in part, the amount of any such timely claim where the recovery would
be against equity and good conscience.
(2) Whenever the
department or self-insurer fails to pay benefits because of clerical error,
mistake of identity, or innocent misrepresentation, all not induced by
recipient fraud, the recipient may request an adjustment of benefits to be paid
from the state fund or by the self-insurer, as the case may be, subject to the
following:
(a) The recipient must
request an adjustment in benefits within one year from the date of the
incorrect payment or it will be deemed any claim therefore has been waived.
(b) The recipient may
not seek an adjustment of benefits because of adjudicator error.
"Adjudicator error" includes the failure to consider information in
the claim file, failure to secure adequate information, or an error in
judgment.
(3) Whenever the
department issues an order rejecting a claim for benefits paid pursuant to RCW
51.32.190 or 51.32.210, after payment for temporary disability benefits has
been paid by a self-insurer pursuant to RCW 51.32.190(3) or by the department
pursuant to RCW 51.32.210, the recipient thereof shall repay such benefits and
recoupment may be made from any future payments due to the recipient on any
claim with the state fund or self-insurer, as the case may be. The director,
under rules adopted in accordance with the procedures provided in the
administrative procedure act, chapter 34.05 RCW, may exercise discretion to
waive, in whole or in part, the amount of any such payments where the recovery
would be against equity and good conscience.
(4) Whenever any
payment of benefits under this title has been made pursuant to an adjudication
by the department or by order of the board or any court and timely appeal
therefrom has been made where the final decision is that any such payment was
made pursuant to an erroneous adjudication, the recipient thereof shall repay
it and recoupment may be made from any future payments due to the recipient on
any claim with the state fund or self-insurer, as the case may be. The
director, pursuant to rules adopted in accordance with the procedures provided
in the administrative procedure act, chapter 34.05 RCW, may exercise his
discretion to waive, in whole or in part, the amount of any such payments where
the recovery would be against equity and good conscience.
(5) Whenever any
payment of benefits under this title has been induced by fraud the recipient
thereof shall repay any such payment together with a penalty of fifty percent
of the total of any such payments and the amount of such total sum may be
recouped from any future payments due to the recipient on any claim with the
state fund or self-insurer against whom the fraud was committed, as the case
may be, and the amount of such penalty shall be placed in the supplemental
pension fund. Such repayment or recoupment must be demanded or ordered within
three years of the discovery of the fraud.
(6) The worker,
beneficiary, or other person affected thereby shall have the right to contest
an order assessing an overpayment pursuant to this section in the same manner
and to the same extent as provided under RCW 51.52.050 and 51.52.060. In the
event such an order becomes final under chapter 51.52 RCW and notwithstanding
the provisions of subsections (1) through (5) of this section, the director,
director's designee, or self-insurer may file with the clerk in any county
within the state a warrant in the amount of the sum representing the unpaid
overpayment and/or penalty plus interest accruing from the date the order
became final. The clerk of the county in which the warrant is filed shall
immediately designate a superior court cause number for such warrant and the
clerk shall cause to be entered in the judgment docket under the superior court
cause number assigned to the warrant, the name of the worker, beneficiary, or
other person mentioned in the warrant, the amount of the unpaid overpayment
and/or penalty plus interest accrued, and the date the warrant was filed. The
amount of the warrant as docketed shall become a lien upon the title to and
interest in all real and personal property of the worker, beneficiary, or other
person against whom the warrant is issued, the same as a judgment in a civil
case docketed in the office of such clerk. The sheriff shall then proceed in
the same manner and with like effect as prescribed by law with respect to
execution or other process issued against rights or property upon judgment in
the superior court. Such warrant so docketed shall be sufficient to support
the issuance of writs of garnishment in favor of the department or self-insurer
in the manner provided by law in the case of judgment, wholly or partially
unsatisfied. The clerk of the court shall be entitled to a filing fee ((of
five dollars)) under RCW 36.18.012(10), which shall be added to the
amount of the warrant. A copy of such warrant shall be mailed to the worker,
beneficiary, or other person within three days of filing with the clerk.
The director, director's
designee, or self-insurer may issue to any person, firm, corporation, municipal
corporation, political subdivision of the state, public corporation, or agency
of the state, a notice to withhold and deliver property of any kind if there is
reason to believe that there is in the possession of such person, firm,
corporation, municipal corporation, political subdivision of the state, public
corporation, or agency of the state, property that is due, owing, or belonging
to any worker, beneficiary, or other person upon whom a warrant has been served
for payments due the department or self-insurer. The notice and order to
withhold and deliver shall be served by certified mail accompanied by an
affidavit of service by mailing or served by the sheriff of the county, or by
the sheriff's deputy, or by any authorized representative of the director,
director's designee, or self-insurer. Any person, firm, corporation, municipal
corporation, political subdivision of the state, public corporation, or agency
of the state upon whom service has been made shall answer the notice within
twenty days exclusive of the day of service, under oath and in writing, and
shall make true answers to the matters inquired or in the notice and order to
withhold and deliver. In the event there is in the possession of the party
named and served with such notice and order, any property that may be subject
to the claim of the department or self-insurer, such property shall be
delivered forthwith to the director, the director's authorized representative,
or self-insurer upon demand. If the party served and named in the notice and
order fails to answer the notice and order within the time prescribed in this
section, the court may, after the time to answer such order has expired, render
judgment by default against the party named in the notice for the full amount,
plus costs, claimed by the director, director's designee, or self-insurer in
the notice. In the event that a notice to withhold and deliver is served upon
an employer and the property found to be subject thereto is wages, the employer
may assert in the answer all exemptions provided for by chapter 6.27 RCW to
which the wage earner may be entitled.
This subsection shall
only apply to orders assessing an overpayment which are issued on or after July
28, 1991: PROVIDED, That this subsection shall apply retroactively to all
orders assessing an overpayment resulting from fraud, civil or criminal.
(7) Orders assessing an
overpayment which are issued on or after July 28, 1991, shall include a
conspicuous notice of the collection methods available to the department or
self-insurer.
Sec. 11. RCW 51.48.140 and 1989 c
175 s 121 are each amended to read as follows:
If a notice of appeal
is not served on the director and the board of industrial insurance appeals
pursuant to RCW 51.48.131 within thirty days from the date of service of the
notice of assessment, or if a final decision and order of the board of
industrial insurance appeals in favor of the department is not appealed to
superior court in the manner specified in RCW 34.05.510 through 34.05.598, or
if a final decision of any court in favor of the department is not appealed
within the time allowed by law, then the amount of the unappealed assessment,
or such amount of the assessment as is found due by the final decision and
order of the board of industrial insurance appeals or final decision of the
court shall be deemed final and the director or the director's designee may
file with the clerk of any county within the state a warrant in the amount of
the notice of assessment. The clerk of the county wherein the warrant is filed
shall immediately designate a superior court cause number for such warrant, and
the clerk shall cause to be entered in the judgment docket under the superior
court cause number assigned to the warrant, the name of such employer mentioned
in the warrant, the amount of the taxes and penalties due thereon, and the date
when such warrant was filed. The aggregate amount of such warrant as docketed
shall become a lien upon the title to, and interest in all real and personal
property of the employer against whom the warrant is issued, the same as a
judgment in a civil case duly docketed in the office of such clerk. The
sheriff shall thereupon proceed upon the same in all respects and with like
effect as prescribed by law with respect to execution or other process issued
against rights or property upon judgment in the superior court. Such warrant
so docketed shall be sufficient to support the issuance of writs of garnishment
in favor of the state in a manner provided by law in case of judgment, wholly
or partially unsatisfied. The clerk of the court shall be entitled to a filing
fee ((of five dollars)) under RCW 36.18.012(10), which shall be
added to the amount of the warrant. A copy of such warrant shall be mailed to
the employer within three days of filing with the clerk.
Sec. 12. RCW 82.32.210 and 1998 c
311 s 8 are each amended to read as follows:
(1) If any fee, tax,
increase, or penalty or any portion thereof is not paid within fifteen days
after it becomes due, the department of revenue may issue a warrant in the
amount of such unpaid sums, together with interest thereon from the date the
warrant is issued until the date of payment. If, however, the department of
revenue believes that a taxpayer is about to cease business, leave the state,
or remove or dissipate the assets out of which fees, taxes or penalties might
be satisfied and that any tax or penalty will not be paid when due, it may
declare the fee, tax or penalty to be immediately due and payable and may issue
a warrant immediately.
(a) Interest imposed
before January 1, 1999, shall be computed at the rate of one percent of the
amount of the warrant for each thirty days or portion thereof.
(b) Interest imposed
after December 31, 1998, shall be computed on a daily basis on the amount of
outstanding tax or fee at the rate as computed under RCW 82.32.050(2). The
rate so computed shall be adjusted on the first day of January of each year for
use in computing interest for that calendar year. As used in this subsection,
"fee" does not include an administrative filing fee such as a court
filing fee and warrant fee.
(2) The department
shall file a copy of the warrant with the clerk of the superior court of any
county of the state in which real and/or personal property of the taxpayer may
be found. The clerk is entitled to a filing fee under RCW 36.18.012(10).
Upon filing, the clerk shall enter in the judgment docket, the name of the
taxpayer mentioned in the warrant and in appropriate columns the amount of the
fee, tax or portion thereof and any increases and penalties for which the
warrant is issued and the date when the copy is filed, and thereupon the amount
of the warrant so docketed shall become a specific lien upon all goods, wares,
merchandise, fixtures, equipment, or other personal property used in the
conduct of the business of the taxpayer against whom the warrant is issued,
including property owned by third persons who have a beneficial interest,
direct or indirect, in the operation of the business, and no sale or transfer
of the personal property in any way affects the lien.
(3) The lien shall not
be superior, however, to bona fide interests of third persons which had vested
prior to the filing of the warrant when the third persons do not have a
beneficial interest, direct or indirect, in the operation of the business,
other than the securing of the payment of a debt or the receiving of a regular
rental on equipment. The phrase "bona fide interests of third
persons" does not include any mortgage of real or personal property or any
other credit transaction that results in the mortgagee or the holder of the
security acting as trustee for unsecured creditors of the taxpayer mentioned in
the warrant who executed the chattel or real property mortgage or the document
evidencing the credit transaction.
(4) The amount of the
warrant so docketed shall thereupon also become a lien upon the title to and
interest in all other real and personal property of the taxpayer against whom
it is issued the same as a judgment in a civil case duly docketed in the office
of the clerk. The warrant so docketed shall be sufficient to support the
issuance of writs of garnishment in favor of the state in the manner provided
by law in the case of judgments wholly or partially unsatisfied.
Sec. 13. RCW 82.36.047 and 1998 c
176 s 17 are each amended to read as follows:
When an assessment
becomes final in accordance with this chapter, the department may file with the
clerk of any county within the state a warrant in the amount of the assessment
of taxes, penalties, interest, and a filing fee ((of five dollars)) under
RCW 36.18.012(10). The clerk of the county in which the warrant is filed
shall immediately designate a superior court cause number for the warrant, and
the clerk shall cause to be entered in the judgment docket under the superior
court cause number assigned to the warrant the name of the licensee or person
mentioned in the warrant, the amount of the tax, penalties, interest, and
filing fee, and the date when the warrant was filed. The aggregate amount of
the warrant as docketed becomes a lien upon the title to and interest in all
real and personal property of the named person against whom the warrant is
issued, the same as a judgment in a civil case duly docketed in the office of
the clerk. The warrant so docketed is sufficient to support the issuance of
writs of execution and writs of garnishment in favor of the state in the manner
provided by law in the case of a civil judgment, wholly or partially
unsatisfied. The clerk of the court is entitled to a filing fee ((of five
dollars)) under RCW 36.18.012(10).
Sec. 14. RCW 82.38.235 and 1998 c
176 s 78 are each amended to read as follows:
Whenever
any assessment shall have become final in accordance with the provisions of
this chapter, the department may file with the clerk of any county within the
state a warrant in the amount of the assessment of taxes, penalties plus
interest and a filing fee ((of five dollars)) under RCW 36.18.012(10).
The clerk of the county wherein the warrant is filed shall immediately
designate a superior court cause number for such warrant, and the clerk shall
cause to be entered in the judgment docket under the superior court cause
number assigned to the warrant, the name of the licensee mentioned in the
warrant, the amount of the tax, penalties, interest and filing fee and the date
when such warrant was filed. The aggregate amount of such warrant as docketed
shall become a lien upon the title to, and interest in all real and personal
property of named person against whom the warrant is issued, the same as a judgment
in a civil case duly docketed in the office of such clerk. Such warrant so
docketed shall be sufficient to support the issuance of writs of execution and
writs of garnishment in favor of the state in the manner provided by law in the
case of civil judgment, wholly or partially unsatisfied. The clerk of the
court shall be entitled to a filing fee ((of five dollars)) under RCW
36.18.012(10), which shall be added to the amount of the warrant.
