BILL REQ. #:  S-3719.3 

Read first time 01/19/12.   Referred to Committee on Energy, Natural Resources & Marine Waters.

     AN ACT Relating to state parks, recreation, and natural resources fiscal matters; amending RCW 3.62.020 and 7.84.100; amending 2011 2nd sp.s. c 9 s 303 (uncodified); and declaring an emergency.

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

Sec. 1   RCW 3.62.020 and 2011 1st sp.s. c 44 s 1 are each amended to read as follows:
     (1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law.
     (2) Except as provided in RCW 10.99.080, 7.84.100(4), and this section, the county treasurer shall remit thirty-two percent of the noninterest money received under subsection (1) of this section except certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. With the exception of funds to be transferred to the judicial stabilization trust account under RCW 3.62.060(2), money remitted under this subsection to the state treasurer shall be deposited in the state general fund.
     (3) The balance of the noninterest money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund. Funds deposited under this subsection that are attributable to the county's portion of a surcharge imposed under RCW 3.62.060(2) must be used to support local trial court and court-related functions.
     (4) Except as provided in RCW 7.84.100(4), all money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
     (5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
     (6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the state general fund, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.

Sec. 2   RCW 7.84.100 and 1987 c 380 s 10 are each amended to read as follows:
     (1) A person found to have committed an infraction shall be assessed a monetary penalty. No penalty may exceed five hundred dollars for each offense unless specifically authorized by statute.
     (2) The supreme court may prescribe by rule a schedule of monetary penalties for designated infractions. The legislature requests the supreme court to adjust this schedule every two years for inflation. The maximum penalty imposed by the schedule shall be five hundred dollars per infraction and the minimum penalty imposed by the schedule shall be ten dollars per infraction. This schedule may be periodically reviewed by the legislature and is subject to its revision.
     (3) Whenever a monetary penalty is imposed by a court under this chapter, it is immediately payable. If the person is unable to pay at that time, the court may, in its discretion, grant an extension of the period in which the penalty may be paid.
     (4) The county treasurer shall remit the money received under RCW 79A.80.080(5) to the state treasurer. Money remitted under this subsection to the state treasurer must be deposited in the recreation access pass account established under RCW 79A.80.090.

Sec. 3   2011 2nd sp.s. c 9 s 303 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . (($8,955,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $8,379,000))
       $17,334,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $5,905,000
Winter Recreation Program Account -- State Appropriation . . . . . . . . . . . . $1,761,000
ORV and Nonhighway Vehicle Account -- State Appropriation . . . . . . . . . . . . $224,000
Snowmobile Account -- State Appropriation . . . . . . . . . . . . $4,848,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $363,000
Parks Renewal and Stewardship Account -- State
     Appropriation . . . . . . . . . . . . $116,087,000
Parks Renewal and Stewardship Account -- Private/Local
     Appropriation . . . . . . . . . . . . $300,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $146,822,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) (($8,876,000)) $17,334,000 of the general fund--state appropriation for fiscal year 2012 ((and $8,300,000 of the general fund--state appropriation for fiscal year 2013 are)) is provided solely to operate and maintain state parks as the commission implements a new fee structure. The goal of this structure is to make the parks system self-supporting. By August 1, 2012, state parks must submit a report to the office of financial management detailing its progress toward this goal and outlining any additional statutory changes needed for successful implementation. If the commission reduces staffing levels to meet the appropriated levels of this section, the commission shall first prioritize staffing reductions from vacant positions, headquarter and regional staff, and construction and maintenance staff, to the greatest extent possible, prior to reducing park ranger and enforcement officers.
     (2) $79,000 of the general fund--state appropriation for fiscal year 2012 and $79,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a grant for the operation of the Northwest avalanche center.
     (3) $53,928,000 of the parks renewal and stewardship account--state appropriation is provided solely for implementation of Second Substitute Senate Bill No. 5622 (state land recreation access). If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.
     (4) Prior to closing any state park, the commission must notify all affected local governments and relevant nonprofit organizations of the intended closure and provide an opportunity for the notified local governments and nonprofit organizations to elect to acquire, or enter into, a maintenance and operating contract with the commission that would allow the park to remain open.

NEW SECTION.  Sec. 4   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 takes effect immediately.