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               BILL REQUEST - CODE REVISER'S OFFICE

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BILL REQ. #:   AMH-O/96

ATTY/TYPIST:   KT:mmc

BRIEF TITLE:

6211-S.E AMH GOVT AMH-O

ESSB 6211 - H COMM AMD

By Committee on Government Operations

                                        ADOPTED AS AMENDED 2/29/96

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 39.34 RCW to read as follows:

    (1) Each county, city, and town is responsible for the prosecution, adjudication, sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out these responsibilities through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements under this chapter to provide these services.  Nothing in this section is intended to alter the statutory responsibilities of each county for the prosecution, adjudication, sentencing, and incarceration for not more than one year of felony offenders, nor shall this section apply to any offense initially filed by the prosecuting attorney as a felony offense or an attempt to commit a felony offense.

    (2) The following principles must be followed in negotiating interlocal agreements or contracts:  Cities and counties must consider (a) anticipated costs of services; and (b) anticipated and potential revenues to fund the services, including fines and fees, criminal justice funding, and state-authorized sales tax funding levied for criminal justice purposes.

    (3) If an agreement as to the levels of compensation within an interlocal agreement or contract for gross misdemeanor and misdemeanor services cannot be reached between a city and county, then either party may invoke binding arbitration on the compensation issued by notice to the other party.  In the case of establishing initial compensation, the notice shall request arbitration within thirty days.  In the case of nonrenewal of an existing contract or interlocal agreement, the notice must be given one hundred twenty days prior to the expiration of the existing contract or agreement and the existing contract or agreement remains in effect until a new agreement is reached or until an arbitration award on the matter of fees is made.  The city and county each select one arbitrator, and the initial two arbitrators pick a third arbitrator.

    (4) For any city or town that has repealed a majority of that portion of its municipal code defining crimes, this section shall apply as of July 1, 1997.  For all other cities and towns, this section shall apply as of July 1, 1998.

NEW SECTION. Sec. 2.  This act shall take effect January 1, 1997."

ESSB 6211 - H COMM AMD

By Committee on Government Operations

    On page 1, line 1 of the title, after "costs;" strike the remainder of the title and insert "adding a new section to chapter 39.34 RCW; and providing an effective date."

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