HOUSE BILL REPORT

SHB 1617

BYHouse Committee on Judiciary (originally sponsored by Representatives Locke, Holland, Armstrong, Padden, Hine, Lewis, Belcher, Silver, H. Sommers, Appelwick, Taylor, P. King, Moyer, May and Butterfield; by request of State Auditor and Attorney General)

Clarifying the definition of "costs" received as part of court actions.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (15)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, P. King, Lewis, Locke, Meyers, Moyer, Padden, Patrick, Schmidt, Scott and Wang.

House Staff:Harry Reinert (786-7110)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:  The substitute bill by Committee on Judiciary be substituted therefor and the substitute bill do pass.  (18)

      Signed by Representatives Locke, Chair; Belcher, Braddock, Brough, Butterfield, Ebersole, Fuhrman, Grant, Grimm, Hine, Nealey, Sayan, Silver, H. Sommers, Spanel, Sprenkle, Wang and B. Williams.

House Staff:      Nancy Stevenson (786-7136)

AS PASSED HOUSE FEBRUARY 15, 1988

BACKGROUND:

All money received by municipal and district court clerks for fines, penalties, forfeitures, fees, and court costs must be paid by the clerk to the city clerk or the county treasurer, respectively.  The clerk or treasurer transmits 32 percent of the funds received to the state treasurer for deposit in the public safety and education account. The Legislature appropriates funds from this account to promote traffic safety, criminal justice training, crime victim's compensation, judicial education, winter recreation parking, state game programs, and the judicial information system.

The court costs which must be paid over by the court clerk do not include costs awarded to parties in civil actions.  These are costs for filing fees, service of process, service by publication, notary fees, reasonable expenses in obtaining documents, statutory attorney and witness fees, and the reasonable expense of transcribing depositions in some cases.

The sheriff collects fees for service of process, levying on writs of attachment and execution, and other actions related to judicial proceedings.

A convicted criminal defendant may be required to pay costs.  These costs must be limited to expenses specially incurred by the state in prosecuting the defendant.  The expenses may include the cost of serving a warrant for a failure to appear and jury fees.

SUMMARY:

The clerk of court is not required to pay to the city clerk or county treasurer any sums received as costs. These costs do not include costs awarded to parties in civil actions, including sheriffs fees.  Costs in criminal cases do not include the costs imposed against the criminal defendant for the special costs of prosecuting the action, for sheriff's fees, for jury fees, or for serving a warrant for failure to appear.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Requested January 29, 1988.

House Committee ‑ Testified For:    (Judiciary)  Jim Goche, WACO; Kurt Sharar, Washington Association of Counties; Jack Heinrich, State Auditor; Mary Jo Diaz, Attorney General's Office; Janet McLane, Administrator for the Court's Office; Andrea Dahl, A.W.C.

(Ways & Means/Appropriations)  Jim Goche, WACO.

House Committee - Testified Against:      (Judiciary)  None Presented.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:    (Judiciary)  The attorney general's opinion has held that local authorities may not keep court costs.  This bill will let local governments keep costs for expenses for which they are reimbursed.

(Ways & Means/Appropriations)  Supported by the counties, cities and the Administrator for the Courts.  Allows local governments to keep costs for expenses for which they are reimbursed.

House Committee - Testimony Against:      (Judiciary)  None Presented.

(Ways & Means/Appropriations)  None Presented.