Which laws passed during the 2011 Washington State Legislative session impact the courts of limited jurisdiction, and how are they impacted?

A number of bills passed during the 2011 legislative session that impact the courts of limited jurisdictions. 

This answer contains:

  • The Bill number and a link to the complete text of the bill from the Washington State Legislature's web site.
  • A brief summary of the changes or additions created by the bill.
  • Court action needed or court awareness addresses the specific system, code, law table, or form changes due to the bill. Also provided are the related links to updated documentation in the online manuals and links to eService Answers with additional information or instructions related to the bill, if applicable.
  • Effective date of the law.
  • Select the bill name in the table of contents below to advance directly to the details for the bill. Click the "Return to TOC" link at the bottom of any bill section to return to the top of this answer.

Table of Contents

1. SSHB 1153 - DNA Collection

2. ESSB 1206 - Harassment of Criminal Justice Participants

3. EHB 1382 - Highway 405 Express Toll Lanes

4. HB 1473 - Traffic School Fees

5.  SHB 1483 - Infraction Traffic Notice Changes

6. SHB 1538 - Animal Disease Traceability Fees

7. SHB 1565 - DV Protection Order Modification/Termination

8. ESHB 1716 - Secondhand Metal Dealers

9. ESSHB 1789 - DUI Accountability

10. HB 1794 - Assault 3rd Dentition Change

11. ESHB 1864 - Collections

12. SHB 1933 - Collector Vehicle Licenses

13. SHB 2017 - Master License Program

14. ESSB 5021 - Election Campaign Disclosures

15. SSB 5023 - Immigration Services

16. ESB 5061 - Vehicle/Vessel Licenses

17. SSB 5065 - Animal Cruelty

18. E2SSB 5073 - Medical Use of Cannabis

19. SSB 5168 - Gross Misdemeanor Maximum Sentences

20. ESSB 5186 - Closed Area Skiing

21. SSB 5195 - Charging Process for DWLS 3rd Violations

22. SSB 5203 - Sex and Kidnapping Offender Registration

23. SSB 5271 - Abandoned Vessels

24. SSB 5326 - Negligent Driving 2nd Degree - Vulnerable User Victim

25. SSB 5350 - Unlawful Dumping

26. SSB 5502 - Limousine Carriers

27. SSB 5531 - Mental Health Commitment Reimbursement

28. SSB 5540 - School Bus Safety Camera Violations

29. SSB 5579 - Civil Harassment Actions

30. 2SSB 5622 - Discover Pass

31. SSB 5688 - Shark Finning

32. ESSB 5748 - Cottage Food Operations

33. SB 5941 - Judicial Stabilization Trust Account Surcharge Changes

34. SB 6379* - Vehicle/Vessel Registrations

*This bill was passed in the 2010 legislative session but the effective date of the provision affecting the courts is July 1, 2011.

1. DNA Collection

  • Bill # 1153
  • Summary - This bill amends RCW 43.43.754 to expand collection of the $100 DNA to misdemeanors, gross misdemeanors, and juvenile offenses that require collection of a DNA sample.
  • Court awareness - CLJs can now impose this fee and have it collected at the same time as other costs or assessments, where the previous wording made it only collectable after all other LFOs (CLJ's are unable to make the DNA fee payable last).

  • Effective: 7/22/2011

Return to TOC

2. Harassment of a Criminal Justice Participant

  • Bill # 1206
  • Summary - This bill amends the existing class C felony version of harassment RCW 9A.46.020(2)(b) to include harassment of a criminal justice participant performing his/her official duties at the time the threat is made, or because of an action taken/decision made by the criminal justice participant during the performance of his/her official duties. 
  • Court awareness - A criminal justice participant includes law enforcement employees, prosecuting attorneys or deputy prosecuting attorneys, adult corrections institution or local detention facility staff, juvenile corrections staff, community corrections officer, probation, parole officer, indeterminate sentence review board member, crime victim/witness program advocate, or defense attorney. 

    • Any criminal justice participant and their family members residing with them can utilize the address confidentiality program.

  • A new class C felony was added - Harassment of a criminal justice participant.

  • Effective: 7/22/2011

Return to TOC

3. Highway 405 Express Toll Lanes

  • Bill # 1382
  • Summary - This bill authorizes the imposition of tolls for express toll lanes on Interstate 405 and state route 167 corridors.
  • Court awareness - Creates a new set of express toll lanes on Hwy 405 similar to the ones on Hwy 167. 

    • A violation of the lane restrictions applicable to the express toll lanes is a traffic infraction. 
    • The law does not say it will be photo enforced, so it will more likely be patrolled by WSP officers like Hwy 167.

  • Effective: 7/22/2011

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4. Traffic School Fees

  • Bill # 1473
  • Summary - This bill allows cities, towns, and counties to collect fees for the cost of attending a traffic school created within the jurisdiction.
  • Court awareness -  Cost amounts that are in excess of the cost of putting on the traffic schools can be used for:

    • Safe Driver Education Materials and Programs.
    • Safe Driver Education Promotions and Advertising.
    • Costs associated with training law enforcement officers.

  • If a jurisdiction has an existing traffic school created, the fee CANNOT be increased solely for the uses authorized above.  
  • The fee for attending traffic schools created by a city, town, or county may not be in excess of the penalty for an unscheduled traffic infraction (the base penalty plus all assessments and costs).

    • Unscheduled infractions have a base penalty of $42, the total including assessments and costs would equal a total Traffic School fee of $124.

  • Court action - A new Cost Fee Code has been created to allow courts to receipt traffic school fees if so ordered.

    • TSL - Traffic School Fee - Local.

  • Effective: 7/22/2011

Return to TOC

5. Infraction Traffic Notice Changes

  • Bill # 1483
  • Summary - This bill requires that a notice of traffic infraction include a statement that the person may be able to enter into a payment plan with the court under RCW 46.63.110.
  • Court awareness - A form for a notice of traffic infraction printed after the July 22, 2011 must include this statement. 

    • Notice was sent out to the Washington State Patrol (WSP) and to the local police and sheriff's departments to advise any tickets printed on or after July 22, 2011 must contain this additional statement.  Existing ticket books do not need to contain the statement as they were printed prior to the effective date of this new section of RCW 46.63.060.
    • SECTOR is being modified by the WSP to make the change to all eTickets printed on or after July 22, 2011.

  • Effective: 7/22/2011

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6. Animal Disease Traceability Fees

  • Bill # 1538
  • Summary - This bill prohibits transfer of livestock to a destination other than the address listed on an accompanying transportation document. A new per head livestock identification fee is created.  Those fees and costs recovered by the Department of Agriculture must be deposited into a new Animal Disease Traceability Account.
  • Court awareness - Failure to pay the animal disease traceability fees is a Class 1 civil infraction punishable as provided in RCW 7.80.120.  Each violation of failure to pay the fees is a separate and distinct offense.  It is also unlawful to transport or deliver an animal to any physical address other than the one designated.

  • Effective: 7/22/2011

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7. DV Protection Order Modifications/Terminations

  • Bill # 1565
  • Summary - Requires respondents to permanent domestic violence protection orders, and orders issued for a period of greater than two years to submit an affidavit setting forth relevant facts when filing a motion to modify or terminate an order, and requires the court to review the affidavits prior to granting a hearing on a motion. Prohibits the modification or termination of permanent domestic violence protection orders and orders issued for a period of greater than two years by a motion of a respondent unless the respondent proves by a preponderance of the evidence that it is warranted or he or she will refrain from acts of domestic violence.  Allows courts to require respondents to pay the costs and attorneys fees of petitioners.
  • Court awareness/action - This bill does not require any changes to the modification or termination of orders or motion hearing processes in JIS.

  • Effective: 7/22/2011

Return to TOC

8. Secondhand Metal Dealers

  • Bill # 1716
  • Summary - This bill establishes standards as to transactions involving gold and other precious metals to help protect legitimate owners, consumers, and second hand metal dealers by implementing stricter standards relating to transactions.
  • Court awareness/action - Four new laws were added in this bill; three gross misdemeanors and one class C felony.

    • Gross misdemeanors:

      • Knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under sec 3-6 and sec 9 of this act.
      • Receive any precious metal property from any person known as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within 10 years.
      • Knowingly violate any other provision relating to precious metals under sections 3-6 or sec 9 of this act.

    • Class C felony:

      • Second hand precious metal dealer to commit a second or subsequent violation of subsection (1) [the gross misdemeanor violations].

  • Effective: 7/22/2011

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9. DUI Accountability

  • Bill # 1789
  • Summary - This bill makes several changes to sanctions for persons driving or being in physical control of a vehicle while under the influence of intoxicating liquor or any drug.
  • Court awareness/action - There are two groups of changes that will impact the courts; each has its own effective date.

    • July 22, 2011 changes:

      • A new section was added to RCW 2.28 to allow DUI Courts to be set up in the same manner that Mental Health Courts and Drug Courts are set up.
      • The BAC Fee imposed on all DUI-related charges has increased from $125 to $200 on all adult or juvenile offenders.  

        * $175 of the fee is distributed as follows:

        40% is split between the state (32%) and local (68%) funds,

        60% is split between the Death Investigations Account (15%)

        and the State Patrol Highway Account (85%).

        * $25 of the fee goes to the Highway Safety Account for grants to

        fund programs, including the DUI Courts.

          * If reduced, distributions are made proportionately.
      • A minimum standard has been set up for all VIP programs in WA.
      • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.
      • See also eService Answer:
      • Receipting breath test fees after the 2011 legislative session.
      • "Certifying for the VIP Registry" memo from the Washington State Traffic Safety Commission (WSTSC) attached to the bottom of this answer.

    • September 1, 2011 changes:

      • This bill modifies the sentencing requirements on certain violations that originated as a DUI-related charge.
      • Ignition Interlock is now required for 6 months on sentences of Reckless Driving and Negligent Driving if the charge originated as a DUI and the person had one or more prior offenses in the past 7 years.
      • Ignition Interlock is also required on DUI-related Deferred Prosecutions.
      • A Vehicle Homicide that occurred while the defendant was under the influence shall require the additional 2 years confinement to be served in total confinement and shall run consecutively to all other sentencing provisions.
      • Prior Offenses on DUI and Physical Control charges were amended to include RCWs 46.61.520 and 46.61.522 if the original charge was committed while under the influence.

  • Effective: 7/22/2011 and September 1, 2011

Return to TOC

10. Assault 3rd Definition Changes

  • Bill # 1794
  • Summary - This bill adds court-related employees to the Assault 3rd statute.
  • Court awareness - Makes assault of a judicial officer, court-related employee, county clerk, or county clerk who was performing his or her official duties at the time of the offense an Assault in the third degree offense.

    • The term "court-related employee" includes bailiffs, court reporters, judicial assistants, court managers, court managers' employees, and any other employee, regardless of title, who is engaged in equivalent functions.

  • Effective: 7/22/2011

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11. Collections

  • Bill # 1864
  • Summary - This bill amends the laws regarding debt collection.
  • Court awareness - Changes exemptions from execution, attachment, and garnishment.
  • A new section was added that allows a collection agency to submit an affidavit or request (pursuant to chapter 6.32 RCW) asking a superior or district court to transfer a bond posted by a debtor subject to a money judgment to the licensee (collection agency) when the debtor has appeared as requested.  In other words, bail posted by the defendant can be sent to the collection agency instead of returning the amount to the defendant if requested by the collection agency and approved by the judge.
  • The bill also changes the description of how much property and money a person can retain when debts are owed to a state agency.  

    • Until January 1, 2018 - for debts owed to state agencies, $200 in value retained by the debtor may consist of bank accounts, savings, stocks, bonds, and other securities.  
    • For all other debts, and for all debts after January 1, 2018, the amount is $500.  
    • The Notice of Garnishment and of Your Rights form set out in the statute is amended to include the effective dates:

      - Section 5 of the bill is the version that takes effect July 22, 2011. 

      - Section 6 of the bill is the version that takes effect January 1, 2018.

  • If a person who owes a debt requests the collection agency provide them with the name of the original creditor to whom the claim is owed, the original account number, or the date of last payment to the creditor, the collection agency or agent must cease all efforts to collect the debt until the information is provided.

  • Effective: 7/22/2011 (Except for Section 6 which is effective 1/1/2018)

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12. Collector Vehicle Licenses

  • Bill # 1933
  • Summary - This bill makes some technical changes to the RCWs where references to RCW 46.16 previously existed.
  • Court awareness - The recodification changes effective July 1, 2011 have changed many RCW 46.16 laws to RCW 46.16A laws. This will affect the current bail schedule and has caused the need to change the number wherever RCW 46.16 was referred to in other laws. This bill updates each of those references.  
  • Additionally, some changes are made regarding collector vehicle license plates. DOL must provide a method for law enforcement officers to access the vehicle information for collection vehicles, including how to identify the correct vehicle when duplicate plate numbers have been issued.  
  • A new IT charge is also added to RCW 46.18 for knowingly providing false or facsimile license plates.  
  • The new law and the RCW 46.16A references take effect on August 1, 2011.
  • The new collector plate look-up process does not take effect until 1/1/2012.
  • Effective: 8/1/2011 and 1/1/2012

Return to TOC

13. Master License Program

  • Bill # 2017
  • Summary - This bill transfers the master license service program from the Department of Licensing to the Department of Revenue.
  • Court awareness - The bill changes the process used for collection of unpaid manufactured/mobile home community registration assessments and delinquency fees.  

    • Courts will no longer receive civil actions on these matters.
    • The Department of Revenue will instead file a Tax Warrant with the county clerk. The tax warrant filing fee applies. The clerk must create a judgment for the warrant as it becomes a lien on the real and personal property of the manufactured/mobile home community owner. As this process already exists for the Department of Revenue to use, there are no changes to JIS to implement the change.

  • One new misdemeanor is added in this bill for improperly disclosing license information.
  • Effective: 7/1/2011

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14. Election Campaign Disclosures

  • Bill # 5021
  • Summary - This bill enhances election campaign disclosure requirements.
  • Court awareness - Three new laws were added to help enforce the changes to the campaign disclosure requirements.

    • A new misdemeanor - violating this provision of this chapter with malice (Election Campaign Disclosure Violation with Malice)
    • A new gross misdemeanor for with malice, violating three or more provisions of this chapter within a 5 year period (3 or More Election Campaign Disclosures within 5 years).
    • And a new class C felony for someone that procures or offers any false or forged document to be filed, registered, or recorded with the commission - with malice.

  • Effective: 1/1/2012

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15. Immigration Services

  • Bill # 5023
  • Summary - This bill regulates legal advice and services provided in immigration matters.
  • Court awareness/action - Persons injured by those unlawfully practicing law or requiring payment for instruction or assistance on immigration issues may file a civil action to recover actual damages or $1000, whichever is greater.
  • These actions can be filed as a Civil filing, using the existing Cause Code OTH - Other.
  • Effective: 10/20/2011

Return to TOC

16. Vehicle/Vessel Licenses

  • Bill # 5061
  • Summary - This bill makes technical changes to the RCWs that pertain to Vehicle and Vessel violations. These changes were needed to add the 2010 changes (2SHB 2436 and ESSB 5902 - 2010 Legislation) back into the laws following the recodification of the Vehicle and Vessel RCWs that were completed this year and due to take effect July 1, 2011.
  • Court awareness - AOC has completed all required recodification changes to the Vehicle and Vessel laws listed in the statewide law table.  A law table bulletin was sent to district and municipal courts that included a list of all changes that were made.
  • One change was made to the recodified law for Failure to Initially Register a Vehicle RCW 46.16A.030(4). 

    • The penalty cannot be reduced. "A person committing this infraction shall pay a penalty of $529, which may not be suspended, deferred, or reduced."
    • The penalty base amount did not change.  The fine remains at $1122, including all assessments.

  • Court action - Courts need to Remove (end effective date) the following local laws:

    • RCW 46.16.381(7) - Unauthorized use of a special placard, license plate, or ID card.
    • RCW 46.16.381(8) - Block access aisle.
    • RCW 46.16.381(9) - Park in space for individual with disabilities.

  • Courts need to add the following local laws and need to review their PRKVIO table for possible new entries for the new laws:

    • RCW 46.19.050(2) - Unauthorized use.
    • RCW 46.19.050(3) - Inaccessible access.
    • RCW 46.19.050(4) - Park without placard/plate.

  • See also eService Answer:

  • Effective: 7/1/2011

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17. Animal Cruelty

  • Bill # 5065
  • Summary - This bill adds new laws and modifies a few existing laws related to the prevention of animal cruelty.
  • Court awareness - Animal Control Officers now have the power to issue citations based on probable cause to offenders for civil infractions in addition to the misdemeanor and gross misdemeanor violations authorized by the RCW (16.52.015)

    • Two new Non-Traffic Infractions and one new gross misdemeanor are added to RCW 16.52.200 for violations of probation on owning, caring for, or residing with similar animals.

      • 1st offense: Non-Traffic Infraction with a penalty of $1000.
      • 2nd offense: Non-Traffic Infraction with a penalty of $2000.
      • 3rd offense: gross misdemeanor violation.

    • The existing law of Animal Cruelty 2nd (RCW 16.52.207) is changed from a misdemeanor to a gross misdemeanor.
    • The existing Cost Fee Code CTA can also be used in JIS for the new civil penalties that may be imposed upon convictions of Animal Cruelty misdemeanor or gross misdemeanor charge.

  • Effective: 7/22/2011

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18. Medical Use of Cannabis

  • Bill # 5073
  • Summary - This bill modifies certain statutes that address the medical use of cannabis.
  • Court awareness -  

    • Patients and providers of medical use cannabis will be allowed an affirmative defense for use at trial for alleged violations of exceeding the limits set forth in RCW 69.51A.040(1) or for not presenting valid documentation showing they are qualified patients or providers of medical use cannabis.  
    • Additionally, qualifying patients or providers cannot have parental rights or residential time restricted solely due to the use of cannabis if in compliance with this chapter, absent written findings that use has resulted in long-term impairment that interferes with the parenting functions.

  • Court action - The misdemeanor under RCW 69.51A.060(1) - Use or Display of Medical Cannabis in General Public has changed to an infraction. Any court that has a version of this RCW in their local law table needs to end the existing misdemeanor and add the infraction version of the law. The statewide law table entries will be done by the AOC.

  • Effective: 7/22/2011

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19. Gross Misdemeanor Maximum Sentences

  • Bill # 5168
  • Summary - This bill reduces the maximum sentence on a gross misdemeanor.
  • Court awareness - All RCWs defining the penalties for gross misdemeanors have been changed from a maximum sentence of 365 days to a term of up to 364 days. The fine portion of the maximum sentence has not been changed.

  • Effective: 7/22/2011

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20. Closed Area Skiing

  • Bill # 5186
  • Summary - This bill modifies the law pertaining to skiing in an area closed to the public.
  • Court awareness - A new misdemeanor is added to RCW 79A.45:

    • Knowingly ski in an area or on a ski trail that is closed to the public.

  • Effective: 7/22/2011

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21. Charging Process for DWLS 3rd Violations

  • Bill # 5195
  • Summary - This bill amends RCW 10.3.015 regarding the process for initiating a misdemeanor or gross misdemeanor.
  • Court awareness - Local prosecuting attorneys may require RCW 46.20.342(1)(c)(iv) - Driving with license suspended or revoked charges to be referred to their office by the citing officer, instead of filing the charges directly with the court. 

    • This allows the prosecutor to have the charging decision prior to the filing being sent to the courts.
    • Prosecutors can also allow the offender to enter into a pre-charge diversion program instead of filing the charge with the court.
    • Pre-charge diversions are NOT to be filed and tracked in JIS.

  • NOTE:  This law allows for this requirement to be made as a local decision, it is not a statewide mandate. Since it is not a statewide mandate no changes were made to SECTOR or ETP to prevent electronic tickets with RCW 46.20.342.1 from being sent electronically to the courts.

  • Effective: 7/22/2011

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22. Sex and Kidnapping Offender Registration

  • Bill # 5203
  • Summary - This bill modifies the sex and kidnapping offender registration laws in an attempt to improve the administration and efficiency of the registration.
  • Court awareness -

    • The law enforcement agency time period to notify the public changes from "14 days before the offender is released" to "within a reasonable period of time after the offender registers with the agency."
    • The definition of "Sex Offense" was modified to include military convictions for a sex offense and convictions in foreign countries for a sex offense.
    • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.

  • Effective: 7/22/2011

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23. Abandoned Vessels

  • Bill # 5271
  • Summary - This bill updates the laws pertaining to abandoned and derelict vessels.
  • Court awareness/action - A new misdemeanor is added:

    • Intentionally causing a vessel to sink, break up or block a navigational channel without the appropriate state, local, or federal authorization.

  • Effective: 7/22/2011

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24. Negligent Driving 2nd Degree - Vulnerable User Victim

  • Bill # 5326
  • Summary - This bill adds a new traffic infraction for Negligent Driving 2nd - bodily harm/death of a vulnerable user of the public way. The new law has very specific penalties that must be imposed.
  • Court awareness - This bill has a mandatory penalty of $5000 (plus assessments) that cannot be waived or reduced. Also, upon conviction via payment or failure to respond, DOL will suspend the defendant's driving privileges for 90 days.  
  • Alternative sentence: If the defendant requests and personally appears for a hearing, the person may be provided with an option to do a 1 year alternative sentence. The conditions of the alternative sentence include: 

    • Pay a penalty of $250,
    • Attend traffic school,
    • Complete  up to 100 hours of community service,
    • Submit certification to the court that all conditions were met within 1 year of the hearing date.  
    • The court can also impose administrative costs if this alternative sentence is chosen.
    • The court can extend the 1 year time period if good cause is shown.
    • If this option is chosen the DOL will NOT suspend their driving privileges.

  • Violation of the 1 year alternative sentence conditions requires that the original $5000 (plus assessments) penalty be re-imposed and DOL will suspend the defendant's driving privileges.
  • While this law does have an available alternative sentence, it is specifically excluded from the Deferred Finding alternative as allowed in RCW 46.63.070.
  • See eService Answer - Negligent Driving 2nd - Vulnerable User Infractions for information on processing paid, committed, and 1 year alternative sentences.
  • Effective: 7/1/2012

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25. Unlawful Dumping

  • Bill # 5350 
  • Summary - This bill changes the penalties related to the unlawful dumping, both littering in an amount greater than one cubic foot and littering in an amount greater than one cubic yard.
  • Court awareness - Changes the litter clean-up restitution to the greater of the following:

    • Twice the actual cost.
    • $50 per cubic foot of litter.  
    • The court shall split the restitution 50/50 between the jurisdictional health department investigating the dumping and the land owner.  

      • Landowners are prohibited from receiving any portion of the litter cleanup restitution payment if the landowner authorized or assisted the defendant with the littering/unlawful dumping on the landowner's property.

    • Since this is actual restitution, the courts should utilize the existing Restitution process available in JIS by dividing the total restitution between the two parties, if both parties are known.

      • If the landowner is not known, the jurisdictional health department should receive the entire amount.
      • The bill provides the jurisdictional health department with instructions on how to administer the restitution payment.

    • This bill also removes the provision that allowed the courts to order an offender to pick-up and remove the litter in lieu of paying restitution.

  • Effective: 7/22/2011

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26. Limousine Carriers

  • Bill # 5502
  • Summary - This bill modifies the laws concerning the regulation, operations, and safety of limousine carriers.
  • Court awareness - There are two groups of changes that will impact the courts; each has its own effective date.

    • January 1, 2012 changes: Eleven new traffic infraction laws relating to limousine carriers are created by this bill.

      • Failure to keep records substantiating the prearrangement of the carrier's services - Class 3 civil infraction against the carrier.
      • Failure to provide records substantiating the prearrangement of the carrier's services - Class 2 civil infraction against the chauffeur.
      • Failure to provide records substantiating the prearrangement of the carrier's services repeat offense - Class 1 civil infraction against the chauffeur.
      • Failure to comply with vehicle inspection standards - Class 3 civil infraction against the carrier.
      • Each violation of other vehicle standards - Class 4 civil infraction against the carrier.
      • Operation of a limousine without a valid limousine carrier license or valid limousine vehicle certification - Class 1 civil infraction against the carrier, for each day of operation.
      • Operation of a limousine with a suspended limousine vehicle certificate - Class 1 civil infraction against the carrier.
      • Soliciting directly or through a third party a non-prearranged pick-up - Class 1 civil infraction against the chauffeur.
      • Offering payment to a third party to solicit customers without current copies of a written contract regarding such services at the third party's business and in the limousine - Class 1 civil infraction against the chauffeur.
      • Accepting payment on behalf of a chauffeur to solicit non-prearranged limousine service pick-up - Class 1 civil infraction against the individual.
      • Accepting payment to solicit customers for limousine service pick-up without current copies of a written contract regarding such service available at the individual's business premises and in any limousine - Class 1 civil infraction against the person.

    • The gross misdemeanor previously listed as RCW 46.72A.080(5) is eliminated, making it a departmental violation with a departmental fine instead.
    • The bill also allows for cities with a population of five hundred thousand or more to:

      • Enforce this chapter through a joint agreement with the department. The department shall provide them with annual funding from the limousine regulation-related fees to allow the city sufficient funds to provide delegated enforcement.

    • July 1, 2012 changes: A new account is to be created called the Limousine Carriers Account. 

      • All receipts from each civil infraction imposed by this chapter must be deposited into this account. 
      • Because of the effective date of this section of the bill, this change will be implemented with the 2012 legislation.

  • Effective: 1/1/2012 and 7/1/2012

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27. Mental Health Commitment Reimbursement

  • Bill # 5531
  • Summary - This bill allows counties to seek reimbursement of direct costs of providing judicial services related to involuntary commitments. The reimbursement rate is based on an average of actual expenditures within the county over the past three years.
  • Court awareness - The funds reimbursed by the state must be expended for other purposes that further treatment for mental health and chemical dependency disorders. This portion of the bill takes effect on 7/1/2012.

    • No filing fees may be charged or collected for any civil commitment case subject to reimbursement.

  • Effective: 7/1/2012

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28. School Bus Safety Camera Violations

  • Bill # 5540
  • Summary - This bill allows for the use of photo enforcement cameras on school buses to detect violations of RCW 46.61.370(1) - Passing a school bus, if approved by the school district for installation.
  • Court awareness - Any revenue collected from infractions detected through the use of automated school bus safety cameras, less administration and operating costs must be remitted to the school districts for school zone safety projects. 

    • Administration costs included enforcement and processing costs incurred by local law enforcement or local courts.  
    • The amount of the administration costs to be retained by the local jurisdiction for court and law enforcement costs is NOT defined within this bill.
    • It is recommended that the local jurisdictions work with their school districts to receive notification if the school district is considering implementing photo enforcement cameras, so the school district and the local jurisdiction can determine the cost amounts.

  • Court action - Jurisdictions that will be receiving these violations will need to enter RCW 46.61.370.1 into their local law table.

    • No action is required by the court until a school district decides to move forward with installing photo enforcement cameras.

  • See also eService Answer:

  • Effective: 7/22/2011

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29. Civil Harassment Actions

  • Bill # 5579
  • Summary - This bill modifies the laws directing how civil actions for harassment are handled.
  • Court awareness - District courts shall have original jurisdiction on civil harassment filings. Municipal courts can opt to exercise jurisdiction by adopting procedures through local court rules.  District or municipal courts must transfer a civil action to the superior court in any of the following situations:

    • When the respondent to the petition is under 18 years of age.
    • When the action involves title or possession of real property.
    • If the superior court exercised jurisdiction over a proceeding involving the parties.
    • If the action would interfere with the respondent's care, control, or custody of the respondent's minor child.

  • The definition of the term "course of conduct" in harassment cases is amended to specifically exclude constitutionally protected free speech.
  • When granting a temporary or full anti-harassment order, the court shall not:

    • Prohibit constitutionally protected free speech.
    • Prohibit the respondent from real property they have a claim to unless a separate action commenced under chapter 26.09 RCW.
    • Limit the respondent's right to care, control, or custody of a minor child unless that order is issued under 13.32A, 26.09, 26.10, or 26.26 RCW.

  • The bill also modifies the definition of a violation of the order to include orders issued under an equivalent local ordinance. 
  • Additionally, this bill provides that the court may consult JIS to determine criminal history or to look for other pending proceedings involving the parties, prior to granting an order.
  • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.

  • Effective: 7/22/2011

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30. Discover Pass

  • Bill # 5622
  • Summary - This bill creates a Discovery Pass, a fish and wildlife vehicle access pass, and a day-use permit that is required for access to state parks and other state-owned land.
  • Court awareness -

    • The director of the State Parks and Recreation commission, the Commissioner of Public Lands, and the director of the Department of Fish and Wildlife to delegate and accept enforcement authority over natural resources infractions or to form inter-local cooperation agreements with other agencies to enforce such infractions.
    • Three new vehicle access pass options are created, the Discover Pass, the fish and wildlife vehicle access pass or the day-use permit. One of these three must be visibly displayed in the front windshield of any motor vehicle operating on or parking at a recreation site or lands.  
    • Operating a vehicle without displaying the Discover pass, vehicle access pass or the day-use permit is a natural resources infraction with a base penalty of $99 ($203 including PSEA).  This penalty may be reduced to $59 ($121 including PSEA) if the person shows the court proof within 15 days that he or she has purchased the pass.
    • Parking without displaying the pass is a parking infraction. The penalty is $99 as there are no assessments on the parking infraction. This penalty may be reduced to $59 if the person shows the court proof within 15 days that he or she has purchased the pass.
    • Use of the discover pass or the day-use permit is not required for:

      - Persons who have a valid camper registration or annual natural investment permit issued by the state parks and recreation commission.

      - Persons who have a valid sno-park seasonal permit issued by the state parks and recreation commission at designated sno-parks between November 1st and March 31st.

  • Court Action: Courts will need to add the parking infraction for the Discover Pass Violations into their local law tables.

  • Effective: 7/22/2011

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31. Shark Finning

  • Bill # 5688
  • Summary - This bill prohibits certain shark finning activities.
  • Court awareness - Two new violations of Unlawful Trade in Shark Fins are added by this bill. 

    • 1st degree is a class C felony violation.
    • 2nd degree is a gross misdemeanor.

  • Effective: 7/22/2011

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32. Cottage Food Operations

  • Bill # 5748
  • Summary - This bill modifies the laws pertaining to the production of food products made in a home kitchen where a person who produces the products primarily resides.
  • Court awareness - The department of health is authorized to inspect the permitted cottage foods operation in a private residence. If access is denied, the department of health may obtain a search warrant from the court.
  • Two new laws were added to enforce the cottage food operations laws:

    • A new misdemeanor is added for engaging in cottage food operation without a valid permit or violating any provisions of this chapter or any adopted rule under this chapter.  
    • A second or subsequent violation is a gross misdemeanor unless committed more than five years after the previous conviction.

  • Effective: 7/22/2011

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33. Judicial Stabilization Trust Account Surcharge Changes

  • Bill # 5941
  • Summary - This bill modifies the Judicial Stabilization Trust Account (JSTA) surcharge by changing the sunset date from July 1, 2011 to July 1, 2013. It also changes the distribution of the JSTA surcharge, allowing the counties receipting the surcharge to keep 25% of each surcharge receipted.
  • Court awareness - A new Cost Fee Code of JSC - Judicial Stabilization Surcharge - CLJ was created for the or courts to receipt just the surcharge

    • The county's portion of the surcharge must be used to support local trial court and court-related functions.

  • Court action - Courts were instructed to update their DCXT Table entries prior to the 7/1/2011 effective date to include the new BARS Codes and Subaccounts.    

  • Effective: 7/1/2011 

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34. Vehicle/Vessel Registrations

  • Bill # 6379*  
  • Summary - This bill reorganizes the vehicle and vessel title and registration statutes.
  • Court awareness - A person unable to provide satisfactory evidence of ownership of a vehicle can apply for ownership in doubt or petition any district or superior court of any county in this state to receive a judgment awarding ownership of the vehicle.

    • A person who has or has held an interest in a vehicle in doubt for a three-year ownership period, may petition any district or superior court of any county in this state to receive a judgment either awarding ownership of the vehicle or to be compensated for any expense, loss, or damage, including reasonable attorneys' fees.  
    • The total claim must not be more than the amount of the bond if a bond has been filed with the department.
    • These actions can be filed as a Civil filing, using the existing Cause Code OTH - Other.

  • See also: Petitions for Vehicle Ownership - Overview document attached to the bottom of this answer. This document provides the legal analysis completed by AOC staff regarding this bill as well as detailed background information that will help the courts when processing these filings.

  • Effective: 7/1/2012

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See also:  2011 Legislative changes impacting Superior Courts and Juvenile Departments 

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