AN ACT Relating to funding for the prosecution and adjudication of serious traffic offenses; amending RCW 66.08.180; adding new sections to chapter 46.64 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 77, chapter 62, Laws of 1933 ex. sess. as last amended by section 6, chapter 5, Laws of 1981 1st ex. sess. and RCW 66.08.180 are each amended to read as follows:

Moneys in the liquor revolving fund shall be distributed by the board at least once every three months in accordance with RCW 66.08.190, 66.08.200 and 66.08.210: PROVIDED, That the board shall distribute two hundred fifty thousand dollars each calendar quarter to the office of financial management for the purposes of section 2 of this 1986 act: PROVIDED FURTHER, That the board shall reserve from distribution such amount not exceeding five hundred thousand dollars as may be necessary for the proper administration of this title: AND PROVIDED FURTHER, That all license fees, penalties and forfeitures derived under this act from class H licenses or class H licensees shall every three months be disbursed by the board to the University of Washington and to Washington State University for medical and biological research only, in such proportions as shall be determined by the board after consultation with the heads of said state institutions: AND PROVIDED FURTHER, That when the allocations in any biennium to the University of Washington and Washington State University shall amount to a total of one million dollars, the entire allocation for the remainder of the biennium shall be transferred to the general fund to be used by the department of social and health services solely to carry out the purposes of RCW 70.96.085, as now or hereafter amended: AND PROVIDED FURTHER, That twenty percent of the total amount derived from license fees pursuant to RCW 66.24.320, 66.24.330, 66.24.340, 66.24.350, 66.24.360, and 66.24.370, as such sections are now or hereafter amended, shall be transferred to the general fund to be used by the department of social and health services solely to carry out the purposes of RCW 70.96.085, as now or hereafter amended: AND PROVIDED FURTHER, That one-fourth cent per liter of the tax imposed by RCW 66.24.210 shall every three months be disbursed by the board to Washington State University solely for wine and wine grape research, extension programs related to wine and wine grape research, and resident instruction in both wine grape production and the processing aspects of the wine industry in accordance with RCW 28B.30.068. The director of financial management shall prescribe suitable accounting procedure to insure that the funds transferred to the general fund to be used by the department of social and health services and appropriated are separately accounted for.

NEW SECTION. Sec. 2. (1) From the funds provided under RCW 66.08.180, the office of financial management shall distribute grants to cities and counties to enhance the prosecution and adjudication of serious traffic offenses. "Serious traffic offenses," as used in sections 2 through 5 of this act, means driving or in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs.

(2) Applications from cities and counties for grants under this section shall be evaluated and prioritized by the office of financial management with the advice of a committee consisting of:

(a) Two prosecuting attorneys appointed by the Washington association of prosecuting attorneys;

(b) One municipal attorney and one elected municipal official appointed by the association of Washington cities;

(d) Two district court judges and one municipal court judge appointed by the Washington state magistrates association; and

(e) The administrator for the courts, or the administrator's designee.

(3) Members of the advisory committee shall be appointed within thirty days of the effective date of this act. Members of the advisory committee shall serve terms of two years. Vacancies shall be filled by appointment for the remainder of the unexpired term.

(4) Members of the advisory committee shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 3. The office of financial management shall use the following criteria in establishing priorities for grant applications under section 2 of this act:

(1) The extent to which municipalities within a county have formally or informally withdrawn from the prosecution and adjudication of serious traffic offenses;

(2) The extent to which counties and cities have increased local expenditures for the prosecution and adjudication of serious traffic offenses;

(3) The extent to which counties and cities have maintained their level of local expenditures for the prosecution and adjudication of serious traffic offenses; and

(4) The extent to which counties and cities have exceeded their overall capacity to handle court caseloads.

NEW SECTION. Sec. 4. (1) The office of financial management shall establish guidelines for grant applications consistent with the criteria set forth in section 3 of this act and shall transmit the guidelines and grant application forms to all cities and counties annually by June 15.

(2) Grant applications shall contain:

(a) Certification as to the number of employees prosecuting and adjudicating serious traffic offenses during the prior year, and the time commitment of those employees to that purpose;

(b) Quantification of filings, dismissals, pleas to reduced charges, jury trials demanded and conducted, and deferred prosecutions. This information shall be grouped by serious traffic offenses filings and total filings and shall be based on the best available data for the prior year, including statistics from the administrator for the courts, uniform crime reports, department of licensing reports, locally maintained records, and any other information deemed relevant by the office of financial management;

(c) Information on the county's or city's overall capacity to handle court caseloads, including jury and bench trials disposed of per judge, use of pro tem judges, and other techniques for handling caseloads;

(d) The use to which the grant moneys will be put and the anticipated results; and

(e) A certified statement that the grant moneys will not be used to supplant local funds.

(3) Grant applications shall be made to the office of financial management by August 1 of each year.

(4) Counties and cities may submit joint grant applications.

NEW SECTION. Sec. 5. (1) The office of financial management may award grants in whole or in part based on priority, evaluation of need, and available revenues.

(2) Cities and counties receiving grants under section 2 of this act shall ensure that local funds are not supplanted by the grant moneys. By November 1 of each year in which a grant is received, the city or county shall report to the office of financial management the manner in which grant funds were expended and the results obtained from the grant. If the grant moneys are used to supplant local funds, the local government shall repay to the state the total amount of the grant moneys received under section 2 of this act.

NEW SECTION. Sec. 6. Sections 2 through 5 of this act are each added to chapter 46.64 RCW.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.