BILL REQ. #:  S-0035.1 

Read first time 01/19/09.   Referred to Committee on Judiciary.

     AN ACT Relating to addressing the enforceability of court rules that create new nonconstitutionally mandated programs, or increase levels of service under existing programs, on any political subdivision of the state; and amending RCW 43.135.060 and 2.04.190.

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

Sec. 1   RCW 43.135.060 and 1998 c 321 s 15 are each amended to read as follows:
     (1) After July 1, 1995, the legislature shall not impose responsibility for new programs or increased levels of service under existing programs on any political subdivision of the state unless the subdivision is fully reimbursed by the state for the costs of the new programs or increases in service levels. Reimbursement by the state may be made by: (a) A specific appropriation; or (b) increases in state distributions of revenue to political subdivisions occurring after January 1, 1998.
     (2) After July 1, 2008, any court rule enacted by the supreme court that creates a new nonconstitutionally mandated program or that increases levels of service under existing programs on any political subdivision of the state shall not be enforceable unless a specific appropriation is made to cover the costs of the new program or the increased level of service.
     (3) If by order of any court, or legislative enactment, the costs of a federal or local government program are transferred to or from the state, the otherwise applicable state expenditure limit shall be increased or decreased, as the case may be, by the dollar amount of the costs of the program.
     (((3))) (4) The legislature, in consultation with the office of financial management or its successor agency, shall determine the costs of any new programs or increased levels of service under existing programs imposed on any political subdivision or transferred to or from the state.
     (((4))) (5) Subsection (1) of this section does not apply to the costs incurred for voting devices or machines under RCW ((29.04.200)) 29A.12.150.

Sec. 2   RCW 2.04.190 and 1987 c 202 s 101 are each amended to read as follows:
     The supreme court shall have the power to prescribe, from time to time, the forms of writs and all other process, the mode and manner of framing and filing proceedings and pleadings; of giving notice and serving writs and process of all kinds; of taking and obtaining evidence; of drawing up, entering and enrolling orders and judgments; and generally to regulate and prescribe by rule the forms for and the kind and character of the entire pleading, practice and procedure to be used in all suits, actions, appeals and proceedings of whatever nature by the supreme court, superior courts, and district courts of the state. In prescribing such rules the supreme court shall have regard to the simplification of the system of pleading, practice and procedure in said courts to promote the speedy determination of litigation on the merits. Any court rule enacted by the supreme court that creates a new nonconstitutionally mandated program or that increases levels of service under existing programs on any political subdivision of the state shall not be enforceable unless a specific appropriation is made to cover the costs of the new program or the increased level of service.