FINAL BILL REPORT

HB 1140

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.

Background:

Filing Fees.

Superior and district courts are authorized 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. Revenue from district court filing fees is split with 32 percent going to the state and the remainder going to the county.

Surcharges on Filing Fees.

Legislation enacted in 2009 authorized temporary surcharges on filing fees in superior and district courts. Superior court filings were subject to a $30 surcharge, except filings of an appeal from a court of limited jurisdiction, where the surcharge was $20. District court filings were subject to a $20 surcharge, except small claims filings, which were subject to a $10 surcharge.

Legislation enacted in 2011 extended the expiration date for the surcharges until July 1, 2013, and split the revenue from the surcharges between the state and the county collecting the fee, with 75 percent going to the state and 25 percent going to the county. Local revenue going to the counties from the surcharges must be used to support local trial courts and court-related costs. Legislation enacted in 2012 increased the temporary surcharges on filing fees by $10.

Legislation enacted in 2013 extended the expiration date for the surcharges until July 1, 2017, except for the surcharges on small claims filings.

State revenue from the surcharges must be remitted to the State Treasurer for deposit into the Judicial Stabilization Trust Account (Account). Expenditures from the Account may only be used for the support of judicial branch agencies.

Votes on Final Passage:

Third Special Session

House	79	15
Senate	40	9