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.
(3)
The moneys deposited in the municipal criminal justice (([assistance])) assistance
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
as follows:
(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.The text of the
following section has been vetoed by the Governor. It is noted in bold italic.
*
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.
*Sec. 2
was vetoed, see message at end of chapter.
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.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to section 2,
House Bill No. 2214 entitled:
"AN ACT Relating to the
municipal criminal justice assistance account."
This
bill was intended to rectify an ambiguity resulting from a partial veto of
Chapter 311, Laws of 1991. That measure defined criminal justice purposes and
established a base year for supplanting provisions of the local criminal
justice assistance provided by the Legislature in 1990. Section 3 of Chapter
311, Laws of 1991, contained the same language as sections 1 and 2 of this
bill.
I
vetoed section 3 because I believe it to be inappropriate to withhold
critically needed criminal justice funds to effect an administrative agreement
between two public entities. For these same reasons, I am vetoing section 2 of
House Bill No. 2214.
With
the exception of section 2, House Bill No. 2214 is approved."
