AN ACT Relating to local government administration of criminal laws; amending RCW 82.46.010; adding new sections to chapter 2.56 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature recognizes that local governments face mounting costs in meeting their duty to administer the criminal justice system. The legislature also finds that means are available for local governments to improve the administration of the courts and the criminal justice system through efficiencies, cost savings, increased collections of fees, fines, forfeitures, and penalties and through delivery of improved services. It is the intent of the legislature to make additional funding for the administration of the criminal justice system available to those local governments that demonstrate a commitment to improving their criminal justice and court systems.

Sec. 2. Section 11, chapter 49, Laws of 1982 1st ex. sess. and RCW 82.46.010 are each amended to read as follows:

(1) Subject to the enactment into law of the 1982 amendment to RCW 82.02.020 by section 5, chapter 49, Laws of 1982 1st ex. sess., the governing body of any county or any city may impose an excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-quarter of one percent of the selling price.

(2) Subject to the enactment into law of the 1982 amendment to RCW 82.02.020 by section 5, chapter 49, Laws of 1982 1st ex. sess., in lieu of imposing the tax authorized in RCW 82.14.030(2), the governing body of any county or any city may impose an additional excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-half of one percent of the selling price.

(3) When authorized by, and subject to the limitations of, section 3 of this act, the governing body of any county may impose an additional excise tax on each sale of real property in the county at a rate not exceeding one-tenth of one percent of the selling price.

(4) Taxes imposed under this section shall be collected from persons who are taxable by the state under chapter 82.45 RCW upon the occurrence of any taxable event within the unincorporated areas of the county or within the corporate limits of the city, as the case may be.

((~~(4)~~)) (5) Taxes imposed under this section shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes as imposed by the state under chapter 82.45 RCW.

((~~(5)~~)) (6) As used in this section, "city" means any city or town.

NEW SECTION. Sec. 3. (1) The office of financial management shall certify when a county has met the requirements of section 4 of this act. Certification authorizes the county to impose the real estate excise tax provided for in RCW 82.46.010(3).

(2) Except as otherwise required by RCW 82.46.030(1), revenue from any tax authorized pursuant to this section shall be used exclusively for the administration of a county's criminal law system. For purposes of this section, the administration of a criminal law system includes the enforcement of criminal laws, the maintenance and operation of courts for criminal proceedings, the prosecution and trial of criminal offenders, and the confinement or supervision of those offenders. The revenue shall not be used to replace other funding already used by, and still available to, the county for the administration of its criminal justice system.

(3) The state auditor shall annually audit each county authorized to impose the tax provided for in RCW 82.46.010(3). The state auditor shall determine whether the county is in compliance with subsection (2) of this section. If the auditor determines that a county is not in compliance, the auditor shall rescind authority for the county to impose the tax. After rescission, the county may not again be authorized to impose the tax for at least two years and until the auditor is satisfied the county will comply with subsection (2) of this section.

NEW SECTION. Sec. 4. (1) The office of financial management, after consultation with the administrator for the courts, shall establish court-related cost savings standards for counties and courts in order to implement section 3 of this act. The office of financial management shall calculate the savings that counties could realize from using the standards. Any county that the office of financial management certifies has achieved ninety percent or more of the possible savings may impose the real estate excise tax provided for in RCW 82.46.010(3).

(2) The court-related cost savings standards shall include the following:

(a) Use by superior courts of mediation and other pretrial procedures for handling temporary and permanent child custody and visitation disputes, including:

(i) Mandatory settlement conferences;

(ii) Preliminary, threshold hearings in custody or visitation modifications, including compliance with RCW 26.09.270; and

(iii) Referral to family court or to mediation of all custody or visitation issues;

(b) Use by the superior court and courts of limited jurisdiction within a county of a combined and uniform jury selection procedure;

(c) Use of a model plan developed by the administrator for the courts for the collection of fees, fines, forfeitures, and penalties in the superior courts and courts of limited jurisdiction; and

(d) Use by counties of double occupancy in jail cells in up to ninety percent of all cells.

(3) A county may satisfy all or part of the ninety percent cost savings requirement of subsection (1) of this section by demonstrating to the satisfaction of the office of financial management that it has used cost-saving measures other than or in addition to those listed in subsection (2) of this section to achieve the required amount of cost savings.

NEW SECTION. Sec. 5. The official record of any court proceeding of a superior court or a court of limited jurisdiction is the property of the court and may not be sold by any private person.

NEW SECTION. Sec. 6. Sections 3, 4, and 5 of this act shall be added to chapter 2.56 RCW.

NEW SECTION. Sec. 7. 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. 8. 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.