AN ACT Relating to
disbursement of funds to border areas; amending RCW 66.08.190, 66.08.195, and
43.63A.190; adding new sections to chapter 66.08 RCW; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 66.08.190 and 1991
sp.s. c 32 s 34 are each amended to read as follows:
When excess funds are
distributed, all moneys subject to distribution shall be disbursed as follows:
(1) Three-tenths of one
percent to ((the department of community development to be allocated to))
border areas under RCW 66.08.195; and
(2) From the amount
remaining after distribution under subsection (1) of this section, fifty
percent to the general fund of the state, ten percent to the counties of the
state, and forty percent to the incorporated cities and towns of the state.
(((3))) The
governor may notify and direct the state treasurer to withhold the revenues to which
the counties and cities are entitled under this section if the counties or
cities are found to be in noncompliance pursuant to RCW 36.70A.340.
Sec. 2. RCW 66.08.195 and 1988 c
229 s 3 are each amended to read as follows:
For the purposes of
this ((section, the term)) chapter: (1) "Border
area" means ((Blaine, Everson, Friday Harbor, Lynden, Nooksack,
Northport, Oroville, Port Angeles, Sumas, and that area of Whatcom county
commonly referred to as Point Roberts.
Funds allocable to
border areas under RCW 66.08.190 shall be distributed pursuant to a formula
developed by the department of community development, by rule, based on border
traffic and historical public impacts of law enforcement problems caused by the
border on local budgets. All such funds received by Whatcom county pursuant to
this allocation shall be spent within the Point Roberts area)) any incorporated city or town located
within seven miles of the Washington-Canadian border or any unincorporated area
that is a point of land surrounded on three sides by saltwater and adjacent to
the Canadian border.
(2) "Border
area per-capita law-enforcement spending" equals total per capita
expenditures in a border area on: Law enforcement operating costs, court costs,
law enforcement-related insurance, and detention expenses, minus funds
allocated to a border area under RCW 66.08.190 and section 3 of this act.
(3)
"Border-crossing traffic total" means the number of vehicles,
vessels, and aircraft crossing into the United States through a United States
customs service border crossing that enter into the border area during a
federal fiscal year, using border crossing statistics and criteria included in
guidelines adopted by the department of community, trade, and economic
development.
(4)
"Border-related crime statistic" means the sum of infractions and
citations issued, and arrests of persons permanently residing outside
Washington state in a border area during a calendar year.
NEW SECTION. Sec.
3. A new section is added
to chapter 66.08 RCW to read as follows:
Distribution of funds
to border areas under RCW 66.08.190 shall be as follows:
(1) Sixty-five percent
of the funds shall be distributed to border areas ratably based on border area
traffic totals;
(2) Twenty-five percent
of the funds shall be distributed to border areas ratably based on
border-related crime statistics; and
(3) Ten percent of the
funds shall be distributed to border areas ratably based upon border area per
capita law enforcement spending.
Distributions to an
unincorporated area that is a point of land surrounded on three sides by
saltwater and adjacent to the Canadian border shall be made to the county in
which such an area is located and may only be spent on services provided to
that area.
NEW SECTION. Sec.
4. A new section is added
to chapter 66.08 RCW to read as follows:
The department of
community, trade, and economic development shall develop guidelines to determine
the figures used under the three distribution factors defined in RCW
66.08.195. At the request of any border community, the department may review
these guidelines once every three years.
Sec. 5. RCW 43.63A.190 and 1984
c 125 s 11 are each amended to read as follows:
Funds appropriated by
the legislature as supplemental resources for border areas shall be distributed
by the state treasurer pursuant to ((a)) the formula ((developed
by the department under chapter 34.05 RCW based on border traffic and
historical public impacts of law enforcement problems caused by the border on
local budgets. All funds received by Whatcom county under this section shall
be spent within the Point Roberts area.
As used in this
section, "border area" means any incorporated city or town located
within seven miles of the Washington-Canadian border and any point of land
surrounded on three sides by water and adjacent to the Canadian border)) for distributing funds from the liquor
revolving fund to border areas, and expenditure requirements for such
distributions, under section 3 of this act.
NEW SECTION. Sec.
6. 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 July 1, 1995.
