CERTIFICATION OF ENROLLMENT
HOUSE BILL 2214
1991 Special Session
Passed by the House June 26, 1991
Yeas 93 Nays 0
Speaker of the
House of Representatives
Passed by the Senate June 24, 1991
Yeas 45 Nays 1
I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2214 as passed by the House of Representatives and the Senate on the dates hereon set forth.
President of the Senate
Approved Place Style On Codes above, and Style Off Codes below.
Governor of the State of Washington
Secretary of State
State of Washington
HOUSE BILL 2214
AS AMENDED BY THE SENATE
Passed Legislature - 1991 First Special Session
State of Washington 52nd Legislature 1991 1st Special Session
By Representatives Haugen, Prince, Wang and Edmondson; by request of Task Force on City/County Finances.
Read first time June 12, 1991. Referred to Committee on Local Government.
AN ACT Relating to the municipal criminal justice assistance account; amending RCW 82.14.320; adding a new section to chapter 82.14 RCW; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 82.14.320 and 1990 2nd ex.s. c 1 s 104 are each amended to read as follows:
(1) The municipal criminal justice assistance account is created in the state treasury. The account shall consist of all motor vehicle excise tax receipts deposited into the account under chapter 82.44 RCW.
(2) No city may receive a distribution under this section from the municipal criminal justice assistance account unless:
(a) The city has a crime rate in excess of one hundred twenty-five percent of the state-wide average as calculated in the most recent annual report on crime in Washington state as published by the Washington association of sheriffs and police chiefs;
(b) The city has levied the tax authorized in RCW 82.14.030(2) at the maximum rate or the tax authorized in RCW 82.46.010(2) at the maximum rate; and
(c) The city has a per capita yield from the tax imposed under RCW 82.14.030(1) at the maximum rate of less than one hundred fifty percent of the state-wide average per capita yield for all cities from such local sales and use tax.
The moneys deposited in the municipal criminal justice ((
account for distribution under this section shall be distributed at such times
as distributions are made under RCW 82.44.150. The distributions shall be made
(a) Thirty percent of the moneys shall be distributed ratably based on population as last determined by the office of financial management to those cities eligible under subsection (2) of this section that have a crime rate determined under subsection (2)(a) of this section which is greater than two times the state-wide average crime rate. No city may receive more than fifty percent of any moneys distributed under this subsection (a).
(b) The remainder of the moneys shall be distributed to all cities eligible under subsection (2) of this section ratably based on population as last determined by the office of financial management.
(4) No city may receive more than thirty percent of all moneys distributed under subsection (3) of this section.
(5) Moneys distributed under this section shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.
(6) This section expires January 1, 1994.
NEW SECTION. Sec. 2. A new section is added to chapter 82.14 RCW to read as follows:
Beginning in January 1, 1992, no city with a population in excess of four hundred thousand shall receive any distribution of moneys from the municipal justice assistance account until the city has entered an agreement with the office of court administrator regarding the utilization of the district and municipal court information system. The agreement shall require any municipal court system of such cities to be linked to the system and be fully capable of on-line use of the data contained therein. The agreement shall specify a date by which such linkage and use shall be effective and in no event shall the date be later than January 1, 1994, unless funding is not made available by the legislature, in which case the date for linkage shall be postponed only until such funding is available.
NEW SECTION. Sec. 3. The changes contained in section 1, chapter --, Laws of 1991 1st ex. sess. (section 1 of this act) are remedial, curative, and clarify ambiguities in prior existing law. These changes shall apply retroactively to July 1, 1990.
NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 5. 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 shall take effect immediately.