HOUSE 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.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (12)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Belcher, Brough, Forner, Hargrove, Inslee, P. King, R. Meyers, H. Myers, Scott, and Wineberry.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Padden, Ranking Republican Member; Moyer, Schmidt and Tate.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE MARCH 1, 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:

Three new sources of funding are authorized for dispute resolution centers.  A county legislative authority may impose the following fees:  a district court defendant's appearance fee in an amount set by the legislative authority; a surcharge of up to $10 on each civil filing fee in district court; and a surcharge of up to $15 on each filing fee for small claims actions.  Money from these sources is to be deposited in separate accounts to fund dispute resolution centers.  The accounts must be audited by the State Auditor in accordance with current provisions that require the periodic examination of a taxing district's financial affairs.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Liz McLaughlin, Snohomish County Council; Richard Croll and Judy Inslee, Snohomish Dispute Resolution Center; Jim Scharf, Snohomish County Sheriff; Tom Wynne, Snohomish County South District Court; and Evan Ferber, Thurston County Dispute Resolution Center.

House Committee - Testified Against:      Ben Wood and Dan Hunter, Washington Collectors Association; and Sandy Stith, North Pacific Adjustment Bureau.

House Committee - Testimony For:    Dispute resolution centers are effective in reducing court congestion.  A fee on court users is an appropriate way to fund these centers.

House Committee - Testimony Against:      The people who use district courts are not those who benefit from dispute resolution centers.  Funding should come from county budgets or other sources.

VOTE ON FINAL PASSAGE:

      Yeas 58; Nays 39 - 3/1.

Voting Nay: Representatives Basich, Beck, Bennett, Betrozoff, Bowman, Brooks, Brough, Brumsickle, Doty, Ferguson, Forner, Fuhrman, Hankins, Hargrove, Heavey, Holland, Horn, Jesernig, Kirby, May, McLean, R. Meyers, Miller, Moyer, Nealey, Padden, Prince, Schmidt, Schoon, Silver, Smith, D. Sommers, Tate, Van Luven, Wang, Winsley, Wolfe, Wood and Youngsman