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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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CHAPTER 317
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HOUSE BILL 2564 |
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AN ACT
Amending sections 12‑284, 12‑284.03 and 22‑281, Arizona Revised Statutes; relating to court fees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-284, Arizona Revised Statutes, is amended to read:
12-284. Fees
A. Except as otherwise provided by law, the clerk of the superior court shall receive fees classified as follows:
Class Description Fee
A Initial case filing fee
Tax case $ 166.00 188.00
Filing complaint, notice of appeal
under section 12‑904 or petition 166.00 188.00
Filing intervenor 166.00 188.00
Additional plaintiffs 166.00 188.00
Filing foreign judgment 166.00 188.00
Ownership of real property becomes an
issue plaintiff 166.00 188.00
Appellant
(except under sections 12‑1809 and 13‑3602) 166.00 188.00
Change of venue to this county 166.00 188.00
Petition for change of name 166.00 188.00
Filing a process server application 166.00 188.00
B Subsequent case filing fee
Filing answer, notice of appearance
under section 12‑907 or initial appearance $ 88.00 100.00
Additional defendants 88.00 100.00
Notice of appeal to appellate courts
(except under section 12‑2107) 88.00 100.00
Cross‑appeal by appellee (except under section
12‑2107) 88.00 100.00
Ownership of real property becomes an
issue defendant 88.00 100.00
Jurisdiction exceeded appellee
(within 20 days of filing) 88.00 100.00
Response to show cause that does one or more
of the following:
1. Requests affirmative relief or
counterrelief
2. Attacks the sufficiency of process
or the proceedings
3. Takes other affirmative action 88.00 100.00
C Initial case filing fee
Filing petition for annulment $ 131.00 149.00
Filing for dissolution/legal separation petition 131.00 149.00
Petition in formal testacy or appointment
proceeding 131.00 149.00
Application for informal probate or informal
appointment 131.00 149.00
Petition for supervised administration petition
to appoint guardian 131.00 149.00
Petition to appoint conservator or make other
protective order 131.00 149.00
Opposing petition in testacy or appointment
proceedings or appointment of guardian or
conservator 131.00 149.00
Single estate application or petition under
title 14, chapter 3, section 14‑3938 131.00 149.00
Domestic relations case for which a fee is not
specifically prescribed 131.00 149.00
D Subsequent case filing fee
Filing answer to annulment $ 66.00 74.00
Filing for dissolution/legal separation answer 66.00 74.00
Any person opposing contested petition if no
prior payment made 66.00 74.00
Postadjudication petitions in
domestic relations cases 66.00 74.00
Postjudgment activities in probate cases 66.00 74.00
E Minimum clerk fee
Filing power of attorney $ 26.00 30.00
Change of venue to another county transmittal
fee 26.00 30.00
Change of venue to another county pursuant to
section 12‑404 transmittal fee 26.00 30.00
Filing transcript and docketing judgment from
any courts 26.00 30.00
Issuance of writs of: attachment, execution,
possession, restitution, prohibition and
enforcement of order of judgment‑garnishment 26.00 30.00
Certified copy or abstract of marriage
application or license 26.00 30.00
Certificate of correctness of copy of record 26.00 30.00
Justice of peace certificate 26.00 30.00
Each certificate of clerk to any matter in
clerk's record not specifically provided 26.00 30.00
Filing any paper or performing any act for which
a fee is not specifically prescribed 26.00 30.00
Subpoena - (civil) 26.00 30.00
Research in locating a document (per year or
source researched) 26.00 30.00
Exemplification (per certification) 26.00 30.00
Authentication (per certification) 26.00 30.00
Seal a court file 26.00 30.00
Reopen a sealed court file 26.00 30.00
Retrieve bank records 26.00 30.00
Reel of film alpha index per year (plus per
page fee below) 26.00 30.00
Payment history report 26.00 30.00
Certification under one document certification 26.00 30.00
Civil traffic appeal 26.00 30.00
F Per page fee
Making copies (on appeal and on request)
per page $ .50
Making extra copies per page .50
Making photographic or photostatic copies
per page .50
Comparison fee of papers furnished by applicant
per page .50
Alpha index per page .50
G Special fees
Small claim tax case $ 22.00 24.00
Marriage license and return of a
marriage license 72.00 83.00
Postage and handling 7.00
Notary services 7.00
Stop payment on check 14.00 16.00
B. The clerk of the superior court shall receive the fees prescribed in subsection A of this section for the following services:
1. Making copies of papers and records required to be made by the clerk on appeal, and copies of papers and records in the clerk's office made on request in other cases, for each legal size page of original.
2. Making extra copies of the papers and records mentioned in paragraph 1 of this subsection, required or requested for each page of copy of such papers and records.
3. In a clerk's office, in which a photographic or photostatic method of recording is used or is available for use in cooperation with other public offices, preparing copies enumerated in paragraphs 1 and 2 of this subsection for each page of copy or fraction of a page of copy. Portions of several pages of records may be combined in one page of copy. The clerk may prepare an abstract of marriage in lieu of a reproduction of the recorded marriage license. The fee shall apply to matters whether recorded in such office by longhand, typing, electronic, photographic or photostatic methods. The fees for copies are exclusive of the fees for certification or authentication.
4. Issuing a certificate as to official capacity of a justice of the peace and affixing a seal to the certificate.
5. Each subpoena issued in a civil proceeding or filing any paper or performing any act for which a fee is not specifically prescribed by law, but the clerk shall not charge for the clerk's services in administering the oath in connection with any affidavit, petition, letters or other pleading or document which that, after administration of the oath therefor, is promptly filed by the clerk and becomes a part of a case or matter of record in the office of the clerk.
C. In addition to the fees required by subsection A of this section, the clerk shall charge and collect a surcharge of fifteen dollars for each filing of a postadjudication petition in a domestic relations case for which a fee presently is charged under class D in subsection A of this section. The surcharge shall be used exclusively to fund domestic relations education and mediation programs established pursuant to section 25‑413. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the domestic relations education and mediation fund established by section 25‑413.
D. Excluding the monies that are collected pursuant to subsection C of this section, each month the clerk shall transmit seventy‑five per cent percent of the monies collected for subsequent case filing fees for postadjudication petitions in domestic relations cases under class D in subsection A of this section to the county treasurer for deposit in the expedited child support and parenting time fund established pursuant to section 25‑412. The remaining twenty‑five per cent percent of the monies collected pursuant to this subsection shall be distributed pursuant to section 12‑284.03.
E. At the commencement of each action for annulment, dissolution of marriage, legal separation, maternity or paternity, the petitioner shall pay to the clerk of the court the initial case filing fee for the action provided in subsection A of this section. At the time of filing a response, the respondent shall pay to the clerk of the court the subsequent case filing fee for the action provided in subsection A of this section. In each county where the superior court has established a conciliation court, the petitioner and respondent shall each pay to the clerk a sixty‑five dollar fee. The monies from the additional fee shall be used to carry out the purposes of the conciliation court pursuant to title 25, chapter 3, article 7.
F. In garnishment matters:
1. A fee shall not be charged for filing an affidavit seeking only the release of exempt wages.
2. A fee shall not be charged for filing a garnishee's answer, for filing a judgment against the garnishee or for the issuance or return of process incident to such a judgment.
3. For any contest relating to or any controversion of a garnishment matter, unless the contesting party has paid an appearance fee in that cause, the required appearance fee shall be paid, except that the garnishee shall not pay a clerk's fee.
G. A person who is cited to appear and defend an order to show cause shall not be charged an appearance fee. The person may stipulate to or consent to the entry of an order without the payment of an appearance fee. An appearance fee shall be paid if the person is present in person or by an attorney and does one or more of the following:
1. Requests affirmative relief or counterrelief.
2. Attacks the sufficiency of process or the proceedings.
3. Takes other affirmative action.
H. A petitioner shall not be charged a fee for requesting an order of protection pursuant to section 13‑3602 or an injunction against harassment pursuant to section 12‑1809. A defendant shall not be charged an answer fee in an order of protection action if the defendant requests a hearing pursuant to section 13‑3602, subsection I or in an injunction against harassment action if the defendant requests a hearing pursuant to section 12‑1809, subsection H.
I. A person who files a registrar's order pursuant to section 32‑1166.06 shall not be charged a fee.
J. The clerk of the court shall charge and collect a forty‑six dollar filing fee for a petition for emancipation of a minor filed pursuant to chapter 15 of this title. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the emancipation administrative costs fund established by section 12-2456.
K. Except for monies that are collected pursuant to subsections C, D, E and J of this section, the clerk of the superior court shall transmit monthly to the county treasurer all monies collected pursuant to this section for distribution or deposit pursuant to section 12‑284.03.
L. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the per cent percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.
Sec. 2. Section 12-284.03, Arizona Revised Statutes, is amended to read:
12-284.03. Distribution of fees
A. Excluding the monies that are kept by the court pursuant to subsection B of this section, the county treasurer shall transmit, distribute or deposit all monies received from the clerk of the superior court pursuant to section 12‑284, subsection K as follows:
1. 1.28 1.20 percent to the state treasurer for deposit in the resource center fund established by and for the purposes of section 41‑2402, subsection G.
2. 8.70 8.18 percent to the state treasurer for deposit in the domestic violence services fund established by section 36‑3002.
3. 1.89 1.78 percent to the state treasurer for deposit in the child abuse prevention fund established by section 8‑550.01.
4. In the county law library fund established by section 12‑305, either:
(a) 7.47 7.02 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 14.99 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
5. 0.34 0.32 percent to the state treasurer for deposit in the alternative dispute resolution fund established by section 12‑135.
6. To the elected officials' retirement plan fund established by section 38‑802, either of the following percentages, which shall be distributed to the fund pursuant to section 38‑810:
(a) 23.31 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 14.99 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
7. 18.74 17.62 percent to the state treasurer for deposit in the judicial collection enhancement fund established by section 12‑113.
8. 0.25 0.24 percent to the state treasurer for deposit in the confidential intermediary and fiduciary fund established by section 8‑135.
9. In the county general fund, the following percentages:
(a) 30.66 28.81 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 31.46 29.56 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
10. 6.00 percent to the elected officials' retirement plan fund established by section 38‑802 for the purpose of funding a portion of the employers' contributions required pursuant to section 38‑810.
B. 7.36 6.92 percent of the monies transmitted, distributed or deposited pursuant to subsection A of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12‑116, subsection B.
Sec. 3. Section 22-281, Arizona Revised Statutes, is amended to read:
22-281. Fees and deposits
A. Justices of the peace shall receive fees established and classified as follows in civil actions:
Class Description Fee
A Initial case filing fee
Civil filing fees $ 65.00 73.00
B Subsequent case filing fee
Civil filing fees – defendant $ 35.00 40.00
C Initial case filing fee
Forcible entry and detainer filings $ 30.00 35.00
Small claims filing 23.00 25.00
D Subsequent case filing fee
Small claims answer $ 13.00 15.00
Forcible entry and detainer
filings – defendant 16.00 18.00
E Minimum clerk fee
Document and transcript transfer on appeal $ 24.00 28.00
Certification of any documents 24.00 28.00
Issuance of writs 24.00 28.00
Filing any paper or performing any act for
which a fee is not specifically prescribed 24.00 28.00
Subpoena (civil) 24.00 28.00
Research in locating a document 24.00 28.00
Seal a court file 24.00 28.00
Reopen a sealed court file 24.00 28.00
Record duplication 24.00 28.00
F Per page fee
Copies of any documents per page $ 0.50
G Special fees
Small claims service by mail $ 8.00
B. This section does not deprive the parties to the action of the privilege of depositing amounts with the justice, in addition to those set forth in this section, for use in connection with the payment of constable's and sheriff's fees for service of process, levying of writs and other services for which fees are otherwise provided by law.
C. Excluding the monies that are kept by the court pursuant to subsection D of this section, justices of the peace shall transmit monthly to the county treasurer all monies collected pursuant to subsection A of this section. The county treasurer shall distribute or deposit all of the monies received pursuant to this subsection as follows:
1. To the state treasurer for deposit in the judicial collection enhancement fund established by section 12‑113, in the following percentages:
(a) 15.74 14.80 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 17.27 16.23 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
2. To the state treasurer for deposit in the alternative dispute resolution fund established by section 12‑135, in the following percentages:
(a) 1.80 1.69 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 2.01 1.89 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
3. To the elected officials' retirement plan fund established by section 38‑802, either of the following percentages, which shall be distributed to the fund pursuant to section 38‑810:
(a) 23.31 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 14.99 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
4. To the county general fund, in the following percentages:
(a) 53.14 49.95 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 59.05 55.51 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
5. 6.00 percent to the elected officials' retirement plan fund established by section 38‑802 for the purpose of funding a portion of the employers' contributions required pursuant to section 38‑810.
D. In counties with a population of more than five hundred thousand persons, 6.01 5.65 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12‑116, subsection B.
E. In counties with a population of five hundred thousand persons or less, 6.68 6.28 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12‑116, subsection B.
F. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the per cent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.
Sec. 4. Requirements for enactment; two-thirds vote
Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.
APPROVED BY THE GOVERNOR MAY 16, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 16, 2018.