SENATE BILL REPORT

                   SB 5542

              As Reported By Senate Committee On:

               Law & Justice, February 13, 1995

                  Ways & Means, March 1, 1995

Title:  An act relating to payment for additional judicial positions.

Brief Description:  Requiring counties to pay for additional judicial positions.

Sponsors:  Senator Smith.

Brief History:

Committee Activity:  Law & Justice:  2/9/95, 2/13/95 [w/oRec-WM].

Ways & Means:  3/1/95 [DPS].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That it be referred to Committee on Ways & Means without recommendation.

  Signed by Senators C. Anderson, Vice Chair; Hargrove, Johnson, Long, McCaslin, Roach and Schow.

Staff:  Dick Armstrong (786-7460)

Background:  Traditionally, legislation which authorizes additional superior court judicial positions contains language which makes the positions conditional on the legislative authority of the county approving the position and agreeing to pay for the position with county funds.

It is suggested that this "boilerplate language" be placed in the statutes on a permanent basis to simplify the drafting and codifying of future legislation and at the same time, eliminate concerns that such additional judicial positions might be considered an unfunded mandate under Initiative 601.

Statutes governing additional district court positions presently require the counties to pay for additional judge positions.

Summary of Substitute Bill:  Additional superior and district court judicial positions in a county created after January 1, 1995 are only effective if the legislative authority of the county documents its approval of the position and agrees to pay for the costs of the position out of county funds, unless otherwise provided by law.

Substitute Bill Compared to Original Bill:  The original bill was not considered.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.

SENATE COMMITTEE ON WAYS & MEANS

Majority Report:  That Substitute Senate Bill No. 5542 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Rinehart, Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Gaspard, Hochstatter, Johnson, Long, McDonald, Moyer, Sheldon, Snyder, Spanel, Sutherland, West, Winsley and Wojahn.

Staff:  Linda Brownell (786-7913)

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.