FINAL BILL REPORT

ESB 6608

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 199 L 12

Synopsis as Enacted

Brief Description: Changing judicial stabilization trust account surcharges.

Sponsors: Senators Harper, Pflug, Frockt, Kline and Eide.

Senate Committee on Ways & Means

Background: Superior and district courts are authorized by statute to collect filing fees and other fees for court services. Revenue from superior court filing fees is split with 46 percent going to the state and the remainder going to the county and the county or regional law library. Revenue from district court filing fees is split with 32 percent going to the state and the remainder going to the county and the county or regional law library.

In 2009 the Legislature authorized temporary surcharges on filing fees in superior and district courts. Superior court filings are subject to a $30 surcharge, except for filings of an appeal from a court of limited jurisdiction where the surcharge is $20. District court filings are subject to a $20 surcharge, except for small claims filings which are subject to a $10 surcharge. The temporary surcharges are set to expire on July 1, 2013.

All of the revenue from surcharges must be remitted to the State Treasurer for deposit into the Judicial Stabilization Trust Account (Account). Expenditures from this Account may only be used for the support of judicial branch agencies. The revenue from the surcharges is split between the state and the county collecting the fee, with 75 percent going to the state and 25 percent going to the county.

Funds from the surcharge going to the county must be used to support local trial courts and court-related costs.

During the 2011-2013 biennium, an estimated $9 million will be deposited into the Account. Funds from the Account are appropriated for expenditures in the Administrative Office of the Courts, the Office of Public Defense, and the Office of Civil Legal Aid.

Summary: The surcharges are increased by $10:

Votes on Final Passage:

Senate

39

9

House

54

43

Effective:

June 7, 2012