BP BHEAD INT S [atlas:bill]

AN ACT Relating to financial assistance to cities, towns, and counties for the investigation of extraordinary crimes; amending RCW 43.84.092, 9.94A.386, and 3.62.090; adding new sections to chapter 43.101 RCW; adding a new section to chapter 9.92 RCW; adding a new section to chapter 3.62 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.101 RCW to read as follows:

The extraordinary criminal investigations assistance account is created in the state treasury. All receipts from moneys collected under 1998 c . . . s 5 (section 5 of this act), 1998 c . . . s 6 (section 6 of this act), section 7 of this act, and section 8 of this act must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to reimburse the extraordinary salary costs incurred by local law enforcement in the investigations of extraordinary crimes and for the administrative costs of processing claims.

NEW SECTION. Sec. 2. A new section is added to chapter 43.101 RCW to read as follows:

Cities, towns, and counties may submit claims to the commission for reimbursement from the extraordinary criminal investigations assistance account. The claims shall be limited to the costs of law enforcement officer salaries incurred in the investigation of a case. All claims submitted to the commission shall be forwarded to the Washington association of sheriffs and police chiefs. The association shall review the claim using the procedures and criteria adopted under section 3 of this act. The association shall make a recommendation to the commission on how much, if any, should be paid on the claim.

NEW SECTION. Sec. 3. A new section is added to chapter 43.101 RCW to read as follows:

The Washington association of sheriffs and police chiefs shall, at a public meeting, adopt procedures and criteria for reimbursement awards under section 2 of this act. The procedures shall include, at a minimum, how long claims are to take to be evaluated, documentation required as part of the claim, and how claims are to be processed or prioritized when claims exceed available revenue. The criteria shall identify the types of extraordinary criminal investigations eligible for reimbursement and shall also include, at a minimum, the following factors: Nature of the crime; cost of the investigation; size of the jurisdiction or jurisdictions; and ability of the jurisdiction or jurisdictions to pay. Upon adoption, the procedures and criteria shall be transmitted to the commission. The criteria and procedures, and any amendments thereto, are public records within the meaning of chapter 42.17 RCW. A revision to the criteria or process must also be adopted by the association in a public meeting and forwarded to the commission.

NEW SECTION. Sec. 4. A new section is added to chapter 43.101 RCW to read as follows:

Subject to available moneys and to appropriation, the commission may reimburse investigative costs from the extraordinary criminal investigations assistance account. Reimbursements may be made only in the amount recommended by the Washington association of sheriffs and police chiefs. Reimbursement may not exceed the costs of law enforcement salaries incurred in the investigation of the case. Reimbursement may not be made for overhead equipment, officer training, officer benefits, consultants, outside experts, or any expense other than the salaries of the investigating officers. The commission may withhold recommended reimbursements only if the account lacks sufficient moneys, if the commission has cause to believe the claim or claim amount is fraudulent, or if the commission believes the claim was not reviewed in accordance with the published criteria and procedures.

Sec. 5. RCW 43.84.092 and 1997 c 218 s 5 are each amended to read as follows:

(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the extraordinary criminal investigations assistance fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the perpetual surveillance and maintenance account, the public employees' retirement system plan I account, the public employees' retirement system plan II account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan I account, the teachers' retirement system plan II account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' relief and pension principal account, the volunteer fire fighters' relief and pension administrative account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan I retirement account, the Washington law enforcement officers' and fire fighters' system plan II retirement account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the central Puget Sound public transportation account, the city hardship assistance account, the county arterial preservation account, the department of licensing services account, the economic development account, the essential rail assistance account, the essential rail banking account, the ferry bond retirement fund, the gasohol exemption holding account, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway construction stabilization account, the highway safety account, the marine operating fund, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the small city account, the special category C account, the state patrol highway account, the transfer relief account, the transportation capital facilities account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation revolving loan account, and the urban arterial trust account.

(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

Sec. 6. RCW 9.94A.386 and 1984 c 209 s 23 are each amended to read as follows:

On all sentences under this chapter the court shall first impose and collect a twenty-dollar fine for each felony committed. Revenue from this fine shall be forwarded to the state treasurer for deposit in the extraordinary criminal investigations assistance account. This fine shall not be waived or reduced under any circumstances. After imposing and collecting this fine, the court may impose additional fines according to the following ranges:

Class A felonies $0 - 50,000

Class B felonies $0 - 20,000

Class C felonies $0 - 10,000

NEW SECTION. Sec. 7. A new section is added to chapter 9.92 RCW to read as follows:

When sentencing any offender for any misdemeanor or gross misdemeanor, the court shall impose and collect a ten-dollar fine for each misdemeanor or gross misdemeanor committed before imposing any other fine. Revenue from this fine shall be forwarded to the state treasurer for deposit in the extraordinary criminal investigations assistance account. The fine shall not be waived or reduced under any circumstances.

NEW SECTION. Sec. 8. A new section is added to chapter 3.62 RCW to read as follows:

When sentencing any offender for any misdemeanor or gross misdemeanor, all courts organized under Title 3 or 35 RCW shall impose and collect a ten-dollar fine for each misdemeanor or gross misdemeanor committed before imposing any other fine. Revenue from this fine shall be forwarded to the state treasurer for deposit in the extraordinary criminal investigations assistance account. The fine shall not be waived or reduced under any circumstances.

Sec. 9. RCW 3.62.090 and 1997 c 331 s 4 are each amended to read as follows:

(1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions, by all courts organized under Title 3 or 35 RCW a public safety and education assessment equal to sixty percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required by this section shall not be suspended or waived by the court.

(2) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions and for fines levied under RCW 46.61.5055, and in addition to the public safety and education assessment required under subsection (1) of this section, by all courts organized under Title 3 or 35 RCW, an additional public safety and education assessment equal to fifty percent of the public safety and education assessment required under subsection (1) of this section, which shall be remitted to the state treasurer and deposited as provided in RCW 43.08.250. The additional assessment required by this subsection shall not be suspended or waived by the court.

(3) This section does not apply to the fee imposed under RCW 43.63.110(6) nor to the fine imposed under section 8 of this act.

NEW SECTION. Sec. 10. This act takes effect January 1, 1999.