Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                       SUBSTITUTE HOUSE BILL 1532
                       Chapter 303, Laws of 2021
                               67th Legislature
                             2021 Regular Session
COURT FILING FEES—JUDICIAL STABILIZATION TRUST ACCOUNT SURCHARGES
                      EFFECTIVE DATE: July 1, 2021
Passed by the House April 5, 2021                   CERTIFICATE
  Yeas 63 Nays 35
                                       I, Bernard Dean, Chief Clerk of the
                                       House of Representatives of the
            LAURIE JINKINS             State of Washington, do hereby
Speaker of the House of                certify   that    the   attached  is
Representatives                        SUBSTITUTE    HOUSE   BILL   1532 as
                                       passed     by     the     House   of
                                       Representatives and the Senate on
                                       the dates hereon set forth.
Passed by the Senate April 15, 2021
  Yeas 37 Nays 11
                                                    BERNARD DEAN
              DENNY HECK                                           Chief Clerk
President of the Senate
Approved May 13, 2021 11:50 AM                         FILED
                                                    May 13, 2021
                                               Secretary of State
              JAY INSLEE                       State of Washington
Governor of the State of Washington
                           SUBSTITUTE HOUSE BILL 1532
                   Passed Legislature - 2021 Regular Session
     State of Washington         67th Legislature       2021 Regular Session
     By House Appropriations (originally sponsored       by   Representatives
     Ormsby, Lekanoff, Harris-Talley, and Macri)
     READ FIRST TIME 03/19/21.
      AN ACT Relating to court filing fees; amending RCW 3.62.060,
  36.18.018, and 36.18.020; providing an effective date; and declaring
  an emergency.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1. RCW 3.62.060 and 2017 3rd sp.s. c 2 s 1 are each amended
 to read as follows:
     (1) Clerks of the district courts shall collect the following
 fees for their official services:
     (a) In any civil action commenced before or transferred to a
 district court, the plaintiff shall, at the time of such commencement
 or transfer, pay to such court a filing fee of forty-three dollars
 plus any surcharge authorized by RCW 7.75.035. Any party filing a
 counterclaim, cross-claim, or third-party claim in such action shall
 pay to the court a filing fee of forty-three dollars plus any
 surcharge authorized by RCW 7.75.035. No party shall be compelled to
 pay to the court any other fees or charges up to and including the
 rendition of judgment in the action other than those listed.
     (b) For issuing a writ of garnishment or other writ, or for
 filing an attorney issued writ of garnishment, a fee of twelve
 dollars.
     (c) For filing a supplemental proceeding a fee of twenty dollars.
                                       p. 1                       SHB 1532.SL
     (d) For demanding a jury in a civil case a fee of one hundred
 twenty-five dollars to be paid by the person demanding a jury.
     (e) For preparing a transcript of a judgment a fee of twenty
 dollars.
     (f) For certifying any document on file or of record in the
 clerk's office a fee of five dollars.
     (g) At the option of the district court:
     (i) For preparing a certified copy of an instrument on file or of
 record in the clerk's office, for the first page or portion of the
 first page, a fee of five dollars, and for each additional page or
 portion of a page, a fee of one dollar;
     (ii) For authenticating or exemplifying an instrument, a fee of
 two dollars for each additional seal affixed;
     (iii) For preparing a copy of an instrument on file or of record
 in the clerk's office without a seal, a fee of fifty cents per page;
     (iv) When copying a document without a seal or file that is in an
 electronic format, a fee of twenty-five cents per page;
     (v) For copies made on a compact disc, an additional fee of
 twenty dollars for each compact disc.
     (h) For preparing the record of a case for appeal to superior
 court a fee of forty dollars including any costs of tape duplication
 as governed by the rules of appeal for courts of limited jurisdiction
 (RALJ).
     (i) At the option of the district court, for clerk's services
 such as processing ex parte orders, performing historical searches,
 compiling statistical reports, and conducting exceptional record
 searches, a fee not to exceed twenty dollars per hour or portion of
 an hour.
     (j) For duplication of part or all of the electronic recording of
 a proceeding ten dollars per tape or other electronic storage medium.
     (k) For filing any abstract of judgment or transcript of judgment
 from a municipal court or municipal department of a district court
 organized under the laws of this state a fee of forty-three dollars.
     (l) At the option of the district court, a service fee of up to
 three dollars for the first page and one dollar for each additional
 page for receiving faxed documents, pursuant to Washington state
 rules of court, general rule 17.
     (2)(a) ((Until July 1, 2021, in)) In addition to the fees
 required to be collected under this section, clerks of the district
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  courts must collect a surcharge of thirty dollars on all fees
  required to be collected under subsection (1)(a) of this section.
      (b) Seventy-five percent of each surcharge collected under this
  subsection (2) must be remitted to the state treasurer for deposit in
  the judicial stabilization trust account.
      (c) Twenty-five percent of each surcharge collected under this
  subsection (2) must be retained by the county.
      (3) The fees or charges imposed under this section shall be
  allowed as court costs whenever a judgment for costs is awarded.
     Sec. 2.    RCW 36.18.018 and 2017 3rd sp.s. c 2 s 2 are each
 amended to read as follows:
     (1) State revenue collected by county clerks under subsection (2)
 of this section must be transmitted to the appropriate state court.
 The administrative office of the courts shall retain fees collected
 under subsection (3) of this section.
     (2) For appellate review under RAP 5.1(b), two hundred fifty
 dollars must be charged.
     (3) For all copies and reports produced by the administrative
 office of the courts as permitted under RCW 2.68.020 and supreme
 court policy, a variable fee must be charged.
     (4) ((Until July 1, 2021, in)) In addition to the fee established
 under subsection (2) of this section, a surcharge of forty dollars is
 established for appellate review. The county clerk shall transmit
 seventy-five percent of this surcharge to the state treasurer for
 deposit in the judicial stabilization trust account and twenty-five
 percent must be retained by the county.
     Sec. 3.   RCW 36.18.020 and 2018 c 269 s 17 are each amended to
 read as follows:
     (1) Revenue collected under this section is subject to division
 with the state under RCW 36.18.025 and with the county or regional
 law library fund under RCW 27.24.070, except as provided in
 subsection (5) of this section.
     (2) Clerks of superior courts shall collect the following fees
 for their official services:
     (a) In addition to any other fee required by law, the party
 filing the first or initial document in any civil action, including,
 but not limited to an action for restitution, adoption, or change of
 name, and any party filing a counterclaim, cross-claim, or third-
                                     p. 3                      SHB 1532.SL
 party claim in any such civil action, shall pay, at the time the
 document is filed, a fee of two hundred dollars except, in an
 unlawful detainer action under chapter 59.18 or 59.20 RCW for which
 the plaintiff shall pay a case initiating filing fee of forty-five
 dollars, or in proceedings filed under RCW 28A.225.030 alleging a
 violation of the compulsory attendance laws where the petitioner
 shall not pay a filing fee. The forty-five dollar filing fee under
 this subsection for an unlawful detainer action shall not include an
 order to show cause or any other order or judgment except a default
 order or default judgment in an unlawful detainer action.
     (b) Any party, except a defendant in a criminal case, filing the
 first or initial document on an appeal from a court of limited
 jurisdiction or any party on any civil appeal, shall pay, when the
 document is filed, a fee of two hundred dollars.
      (c) For filing of a petition for judicial review as required
 under RCW 34.05.514 a filing fee of two hundred dollars.
      (d) For filing of a petition for unlawful harassment under RCW
 10.14.040 a filing fee of fifty-three dollars.
     (e) For filing the notice of debt due for the compensation of a
 crime victim under RCW 7.68.120(2)(a) a fee of two hundred dollars.
     (f)    In  probate   proceedings,  the  party   instituting   such
 proceedings, shall pay at the time of filing the first document
 therein, a fee of two hundred dollars.
     (g) For filing any petition to contest a will admitted to probate
 or a petition to admit a will which has been rejected, or a petition
 objecting to a written agreement or memorandum as provided in RCW
 11.96A.220, there shall be paid a fee of two hundred dollars.
      (h) Upon conviction or plea of guilty, upon failure to prosecute
 an appeal from a court of limited jurisdiction as provided by law, or
 upon affirmance of a conviction by a court of limited jurisdiction,
 an adult defendant in a criminal case shall be liable for a fee of
 two hundred dollars, except this fee shall not be imposed on a
 defendant who is indigent as defined in RCW 10.101.010(3) (a) through
 (c).
      (i) With the exception of demands for jury hereafter made and
 garnishments hereafter issued, civil actions and probate proceedings
 filed prior to midnight, July 1, 1972, shall be completed and
 governed by the fee schedule in effect as of January 1, 1972.
 However, no fee shall be assessed if an order of dismissal on the
 clerk's record be filed as provided by rule of the supreme court.
                                     p. 4                      SHB 1532.SL
     (3) No fee shall be collected when a petition for relinquishment
 of parental rights is filed pursuant to RCW 26.33.080 or for forms
 and instructional brochures provided under RCW 26.50.030.
     (4) No fee shall be collected when an abstract of judgment is
 filed by the county clerk of another county for the purposes of
 collection of legal financial obligations.
     (5)(a) ((Until July 1, 2021, in)) In addition to the fees
 required to be collected under this section, clerks of the superior
 courts must collect surcharges as provided in this subsection (5) of
 which seventy-five percent must be remitted to the state treasurer
 for deposit in the judicial stabilization trust account and twenty-
 five percent must be retained by the county.
     (b) On filing fees required to be collected under subsection
 (2)(b) of this section, a surcharge of thirty dollars must be
 collected.
     (c) On all filing fees required to be collected under this
 section, except for fees required under subsection (2)(b), (d), and
 (h) of this section, a surcharge of forty dollars must be collected.
     NEW SECTION.   Sec. 4.  This act is necessary for the immediate
 preservation of the public peace, health, or safety, or support of
 the state government and its existing public institutions, and takes
 effect July 1, 2021.
         Passed by the House April 5, 2021.
         Passed by the Senate April 15, 2021.
         Approved by the Governor May 13, 2021.
         Filed in Office of Secretary of State May 13, 2021.
                                 --- END ---
                                     p. 5                      SHB 1532.SL
Statutes affected: 
Original Bill: 3.62.060, 36.18.020
Substitute Bill: 3.62.060, 36.18.020
Bill as Passed Legislature: 3.62.060, 36.18.020
Session Law: 3.62.060, 36.18.020
Bill: 3.62.060, 36.18.018, 36.18.020