Which laws passed during the 2021 Washington State Legislative session impact the Courts of Limited Jurisdiction, and what are those impacts?


A number of bills passed during the 2021 legislative session impact the Courts of Limited Jurisdiction (CLJ).


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 Awareness/Court Impact/Court Action section 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.
  • Updated items will be documented with *** and the update item will be highlighted.
  • Select the bill name in the table of contents below to advance directly to the details for the bill. Click the "Return to Top" link at the bottom of any bill section to return to the top of this answer.


TABLE OF CONTENTS


SHB 1171 - Child Support Income Withholding - Federal Requirements

  • Bill # 1171
  • Summary - Amends child support income withholding provisions to comply with federal child support program requirements. Changes writ of garnishment language, eliminates the ability to seek prejudgment garnishment under RCW 6.26, and requires DCS to use income withholding forms created by the federal Department of Health and Human Services to initiate withholding action.
  • Court Awareness-
    • Changes will be made to the following pattern forms and published by the effective date:
      • Writ of Garnishment Continuing Lien on Earnings
      • Notice of Garnishment and Rights
      • Exemption Claim Earnings
      • Notice to Defendant of Non Responsive Exemption Claim pattern forms.
    • The list of pattern forms changes can be found at the bottom of this answer.
    • See the Summary of Changes to Forms page on the Washington Courts website for all changes to forms.
  • Effective - July 25, 2021

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E2SHB 1277 - Providing for an additional revenue source for eviction prevention and housing stability services

  • Bill # 1277
  • Summary - Adds a surcharge of $100 for each document recorded by the county auditor, in addition to any other fee or charge; district court clerks file name change petitions with the county auditor.  
  • Court Knowledge - The Name Change Auditor Fee (NCA) Cost Fee Code will increase by $100 for a total of $203.50.
  • Effective - July 25, 2021

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SHB 1301 - Providing expanded options for fare enforcement by regional transit authorities

  • Bill # 1301
  • Summary - Authorizes regional transit authorities (such as Sound Transit) to create alternative fare enforcement systems, which may include issuing notices of violation, in addition to or as a replacement for the schedule of fines and penalties currently in place for civil infractions. 
  • Court Awareness - 
    • These enforcement systems will not be part of the judicial branch or use court resources.
    • Citations issued using the alternative enforcement will not be using JIS and will not be viewable in any other statewide court case management system.
  • Effective - July 25, 2021

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E2SHB 1320 - Modernizing, harmonizing, and improving the efficacy and accessibility of laws concerning civil protection orders

  • Bill # 1320
  • Summary - Consolidates all six civil protection order case types under a single chapter (domestic violence, sexual assault, stalking, anti-harassment, vulnerable adult, and extreme risk protection orders).
    Provides general uniformity in rules and procedures across protection order types and modernizes processes. Mandates creation of a single petition that may be used to file for any type of protection
    order. Authorizes hearings to be conducted in person or by telephone, video or other electronic or remote means. Adds provisions governing electronic submission of petitions and case tracking
    by parties. Allows service by electronic means in certain circumstance. Revises existing firearm surrender, possession and revocation requirements and domestic violence no-contact order provisions.
  • Court Impact - The implementation of this bill is currently under review. AOC will be working on the full impacts and system changes of this bill in the near future. The potential impacts include:
    • Civil Protection Order forms
    • Civil Cause codes for protection orders in JIS
    • Business processing of protection orders
  • Court Knowledge- A JIS Release Note will be sent to courts identifying any system impacts. Also, this answer will be updated when additional details of implementation have been determined.
    • The Anti-Harassment Order filing fee may still be charged so long as the protection type order requested does not include harassment from stalking, sexual assault, or domestic violence.  The court shall waive the filing fee if the court determines the petitioner is not able to pay the cost of filing.*
  • Effective - July 1, 2022 - except sections 12, 16, 18, 25 & 36 are effective July 25, 2021.

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SHB 1322 - Addressing off-road vehicle and snowmobile registration enforcement

  • Bill # 1322
  • Summary - Removes an exemption for registration of off-road vehicles and snowmobiles owned by residents of another state if that state borders Washington and does not impose a retail sales and use tax. Requires no fee for off-road vehicle decals owned by residents of other states if the vehicle is properly registered. Clarifies that certain out-of-state applicants for an off-road vehicle registration do not have to pay the registration fee but may have to pay a transaction fee collected by subagents. Expands an existing gross misdemeanor for registering an off-road vehicle or snowmobile in another state to avoid retail sales tax and adds a fine of four times the amount of avoided taxes and fees for second or subsequent offenses.
  • Court Awareness - A new crime will be added to the law table for 2nd or subsequent offense for registering a snowmobile in another state to avoid tax and fees. 
    • The penalty imposed shall be four times the amount of avoided taxes and fees.
    • The penalty imposed may not be suspended, except as provided in RCW 10.05.180 - Failure to register vehicle, aircraft, or vessel - Deferral Program.
    • For additional instructions on entering the fines into JIS, please see eService Answer ID: Vehicle License and Registration Violations.
    • The list of law table changes can be found at the bottom of this answer.
  • Effective - October 1, 2021

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E2SHB 1477 - Implementing the national 988 system to enhance and expand behavioral health crisis response and suicide prevention services

  • Bill # 1477
  • Summary - Requires implementation of the national 988 system to enhance and expand behavioral health crisis response and suicide prevention services statewide by imposing an excise tax on certain telecommunications services. Establishes a new gross misdemeanor for companies who misappropriate funds collected for a new tax on the use of radio access lines intended to fund a crisis response line and crisis care coordination through Department of Health, and establishes a new misdemeanor for consumers who refuse to pay the tax.
  • Court Awareness - New misdemeanor and gross misdemeanor charges are added by this bill. The laws will not be added to the statewide law table until codified or requested by a court.
    • If a court receives a citation for this violation, please contact Customer Services via the eService Center to request the law be added to the statewide law table.
    • The list of law table changes can be found at the bottom of this answer.
  • Effective - July 25, 2021

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HB 1525 - Enforcement of Judgments - Garnishment Protections

  • Bill # 1525
  • Summary - Automatically adds additional protections for garnishments of bank accounts, stocks, bonds and securities for the debtor. 
  • Court Awareness- Charges are made to the Writ of Garnishment not Earnings pattern form and will be published by the effective date.
  • Effective - July 25, 2021

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SHB 1532 - Judicial Stabilization Trust Account

  • Bill #1532
  • Summary - This bill amends RCWs 3.62.060, 36.18.018, and 36.18.020 to remove the sunset date associated with surcharges on court filing fees that are deposited into the Judicial Stabilization Trust Account.
  • Court Awareness - There are no changes to JIS due to the passing of this bill. Removing the sunset date from the laws means the Civil filing Cost Fee Codes including the Judicial Stabilization Trust Account (JST) fee remain the same.  All filing fees that included the JST surcharge remain set at the same amounts in JIS.*
  • Effective - July 1, 2021

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SB 5015 - Concerning Fraudulent Portrayal of Ballot Drop Boxes

  • Bill # 5015
  • Summary - Amends the statute relating to deceptive, incorrect vote recording to include knowingly misrepresenting an unofficial ballot collection site or device as an official ballot drop box that has been established by the county auditor as a gross misdemeanor. Establishes penalties the same as a gross misdemeanor that is punishable under existing sentencing statute.
  • Court Awareness - A new gross misdemeanor is added for misrepresentation of official ballot drop box. It is unlikely this violation will be cited often so it will not be added to the statewide law table at this time.
    • If a court receives a citation for this violation, please contact Customer Services via the eService Center to request the law be added to the statewide law table.
    • The list of law table changes can be found at the bottom of this answer.
  • Effective - July 25, 2021

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ESSB 5038 - Prohibiting the open carry of certain weapons at public permitted demonstrations and the state capitol

  • Bill # 5038
  • Summary - Creates a new gross misdemeanor crime which prohibits any person from knowingly and openly carrying a firearm or other weapon while knowingly at any permitted demonstration. Prohibits the knowing and open carry of a firearm or other weapon while knowingly within 250 feet of the perimeter of a permitted demonstration after an officer advises the person of the permitted demonstration and directs the person to leave until he or she no longer possesses or controls the firearm or other weapon. Creates an additional gross misdemeanor crime for knowingly and openly carrying a firearm or other weapon while on the capitol campus grounds. Provides exemptions to these new crimes for law enforcement, persons on private property, military and persons legally concealing a firearm with a valid concealed pistol license.
  • Court Awareness - Changes were made to Chapter 9.41 RCW removing misdemeanor of Weapons Prohibited in Certain Place and adding misdemeanors of Firearm/Weapon Open Carry Violation, Firearm/Weapon Open Carry Violation Attempt and Firearm/Weapon Open Carry St Capitol Grounds.
  • Effective - May 12, 2021

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ESSB 5118 - Supporting successful reentry

  • Bill # 5118
  • Summary - Provides defendants with the right to trial in pending cases in every court level within 120 days, when in custody on unrelated charges. Creates excluded periods for the time for trial calculation.  
  • Court Impact- A person has the right to a final disposition of pending cases within 120 days if under the terms of imprisonment within the state.
  • Effective - July 25, 2021

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ESB 5135 - Concerning unlawfully summoning a police officer

  • Bill # 5135
  • Summary - Creates a new civil action against a person who unlawfully summons a police officer with the intention to infringe on the other persons rights; unlawfully discriminate against the other person; cause the other person to feel harassed, humiliated, or embarrassed; cause the other person to be expelled from a place in which the other person is lawfully located; or damage the persons reputation, financial or economic interests. Clarifies that a person shall not be held liable if the person acted in good faith in causing a law enforcement officer to arrive. Allows for statutory and punitive damages, fees & costs. Allows for civil action to be maintained in a court of limited jurisdiction if the total damages claimed do not exceed the statutory limit for damages in district court. 
  • Court Awareness - No JIS codes are being added due to this bill. Use the existing Cause of Action code of Other (OTH) when filing a civil case.
  • Effective - July 25, 2021

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ESSB 5180 - Vacating certain convictions

  • Bill # 5180
  • Summary - Allows victims of domestic violence, sex trafficking, and sexual assault to apply to have their convictions vacated. Gives either the victim or prosecutor the ability to apply to have the conviction vacated. Allows the court discretion to vacate the conviction.
  • Court Awareness - This bill requires updates to the following pattern form and legal publications:
    • The Guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records brochure will be updated and available on the Resources, Publications, and Reports page on the Washington Courts website.
    • The following pattern forms will be updated and published by the effective date:
      • Prostitution Conviction Attachment is removed from pattern forms
      • Motion and Declaration for Order Vacating Conviction
      • Order on Motion re: Vacating Conviction
      • Instructions for Vacating Misdemeanor and Gross Misdemeanor Convictions.
    • The list of pattern forms changes can be found at the bottom of this answer.
    • See the Summary of Changes to Forms page on the Washington Courts website for all changes to forms.
  • Effective - July 25, 2021

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ESSB 5226 - Concerning the suspension of licenses for traffic infractions

  • Bill # 5226
  • Summary - Creates an option to allow people receiving traffic infractions to respond that they are unable to pay, and requires them to receive information on how to submit evidence of inability to pay, obtain a payment plan, and be informed that failure to pay or enter into a payment plan may result in collection action, including garnishment. Increases the response time after receiving a notice of infraction from 15 to 30 days. It also provides that the court may waive any monetary penalty, fee, cost, assessment, or other monetary obligation associated with a traffic infraction unless that obligation is prohibited from being waived by state law. Consolidates current provisions pertaining to payment plans for traffic infractions into a new statute in chapter 46.63 RCW, and requires the court to attempt to enter into a payment plan with a person who responded to a traffic infraction for a moving violation by attesting that they were unable to pay, prior to referring the monetary obligation to a collection's agency. The court may modify a payment plan at any time and may require a person who fails to make payment as required under a payment plan to appear and provide evidence of ability to pay. Narrows the grounds on which DOL can suspend a driverâs license and adds a new section pertaining to administrative reinstatement requiring DOL to identify the reason for the suspension. Amends the statutory bases for a court sending notice to DOL regarding traffic infractions. Raises the legislative assessment on traffic infractions to $24 from $20, and raises the JIS fee by $2, with the additional $4 and $2 being remitted to a new driver licensing technology support account. 
  • Court Impact - The implementation of this bill is currently under review. AOC will be working on the full impacts and system changes of this bill in the near future. The potential impacts include:
    • Uniform Infraction/Citation form changes
    • Infraction amount changes
    • Law table updates
    • FTA process changes
    • Collections process changes
  • Court Knowledge - A JIS Release Note will be sent to courts identifying any system impacts. Also, this answer will be updated when additional details of implementation have been determined. 
  • Effective - January 1, 2023

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2SSB 5315 - Concerning captive insurance

  • Bill # 5315
  • Summary - Requires captive insurers to pay a percentage of premiums to the state treasurer. Provides for various exemptions. Allows the tax to be collected by distraint and allows the commissioner to recover the tax and fines in a court of competent jurisdiction.
  • Court Awareness - No JIS codes are being added due to this bill. Use the existing Cause of Action code of Other (OTH) when filing a civil case.
  • Effective - May 12, 2021

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ESSB 5355 - Establishing wage liens

  • Bill # 5355
  • Summary - Allows certain employees to file for a lien for unpaid wages. The lien may be filed against real and other property owned or subsequently acquired by the employer. Provides for several specific requirements of the filing for a lien against real property. Creates timelines and requirements for judicial foreclosure of the wage lien. Allows the court to consolidate actions and provides language for the notice of the wage lien. Creates a process where a party can challenge the validity of the wage lien and allows the property owner subject to the lien to obtain a surety bond. Allows the court to release or reduce the lien and award fees and costs as appropriate.
  • Court Awareness - No JIS codes are being added due to this bill. Use the existing Cause of Action code of Wages (WAG) when filing a civil case.
  • Effective - January 1, 2022

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ESB 5476 - Addressing the State v Blake Decision

  • Bill # 5476
  • Summary - Requires the health care authority and a newly established substance use recovery services advisory committee to create a substance use recovery services plan. Requires each behavioral health administrative services organization to establish a recovery navigator program. Establishes a grant program to provide various services related to substance use disorder to low income individuals, an expanded recovery support services program and a homeless outreach stabilization transition program. Provides for various alternatives to arrest for individuals with substance use disorder. Requires law enforcement personnel to receive training on law enforcement interaction with persons experiencing substance use disorders. Adds men's rea element knowingly to various adult and juvenile drug possession statutes. Reduces drug possession penalties from a felony to a misdemeanor. Encourages prosecutors to divert cases for assessment, treatment, or other services. Allows law enforcement to divert cases for assessment, treatment, or other services instead of arrest and referral to the prosecutor. Gives criminal commissioners the authority to conduct resentencing hearings and to vacate convictions related to State v. Blake, No. 96873-0 (Feb. 25, 2021). Allows the release of offenders entitled to vacation of a conviction or an offender score  recalculation pursuant to State v. Blake, No. 96873-0 (Feb. 25, 2021) to be released from confinement, with a court order, if the offender has already served a period of confinement that exceeds the new standard range. Exempts amended judgment and sentences issued pursuant to State v. Blake, No. 96873-0 (Feb. 25, 2021) from fingerprinting requirements.
  • Court Knowledge - Many controlled substance and marijuana laws were updated due State v. Blake.
    • The list of law table changes can be found at the

      bottom of this answer.

    • There were not pattern forms changes due to the passing of this bill.
  • Effective Date - May 12, 2021

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