AN ACT Relating to the district and municipal courts; amending RCW 3.02.010, 3.30.040, 3.34.020, 3.34.060, 3.34.100, 3.38.020, 3.38.030, 3.38.060, 3.46.050, 3.46.120, 3.46.150, 3.50.040, 3.50.060, 3.50.100, 3.50.805, 3.58.020, 3.58.030, 3.62.020, 3.62.040, 3.62.070, 3.62.090, 35.20.010, and 35.20.220; adding a new section to chapter 3.34 RCW; adding a new section to chapter 3.46 RCW; creating a new section; and repealing RCW 3.46.060.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to preserve local control of the district and municipal courts while improving the administration of justice by encouraging more uniformity and consistency in the application of justice in the state of Washington. The administration of justice can be improved by reducing the overlapping of court services thereby reducing excessive costs associated with overlapping jurisdictions.

It is the intent of the legislature to streamline the district and municipal courts of the state by adopting a voluntary incentive-based court consolidation program; and to insure that fees that are mutually determined by counties and cities in adopting a court consolidation plan will be low enough to provide an incentive to municipalities to contract with the district court, while insuring that the plan will not result in the counties subsidizing the processing of municipal cases.

Sec. 2. Section 1, chapter 162, Laws of 1980 and RCW 3.02.010 are each amended to read as follows:

For purposes of this chapter, a court of limited jurisdiction is any court organized under Titles 3, 35, or 35A RCW. Courts of limited jurisdiction shall comply with the minimum services for courts of limited jurisdiction established by the legislature with recommendation from the judicial council.

Sec. 3. Section 4, chapter 299, Laws of 1961 as amended by section 5, chapter 258, Laws of 1984 and RCW 3.30.040 are each amended to read as follows:

The district courts shall be open except on nonjudicial days. Sessions of the court shall be held at such places as shall be provided by the district court districting plan. The court shall sit as often as business requires in each city of the district which provides suitable courtroom facilities((~~, to hear causes in which such city is the plaintiff~~)).

Sec. 4. Section 11, chapter 299, Laws of 1961 as last amended by section 112, chapter 202, Laws of 1987 and RCW 3.34.020 are each amended to read as follows:

In each district having a population of forty thousand or more but less than sixty thousand, there shall be elected one full time district judge; in each district having a population of sixty thousand but less than one hundred twenty-five thousand, there shall be elected two full time judges; in each district having a population of one hundred twenty-five thousand but less than two hundred thousand, there shall be elected three full time judges; and in each district having a population of two hundred thousand or more there shall be elected one additional full time judge for each additional one hundred thousand persons or fraction thereof. If a district having one or more full time judges should change in population, for reasons other than change in district boundaries, sufficiently to require a change in the number of judges previously authorized to it, the change shall be made by the county legislative authority without regard to RCW 3.34.010 as now or hereafter amended and shall become effective on the second Monday of January of the year following. Upon any redistricting of the county thereafter the number of judges in the county shall be not less than the number designated under RCW 3.34.010. In a district having a population of one hundred twenty thousand people or more adjoining a metropolitan county of another state which has a population in excess of five hundred thousand, there shall be one full time judge in addition to the number otherwise allowed by this section and without regard to RCW 3.34.030 or resolution of the county legislative authority. The county legislative authority may by resolution make a part time position a full time office. The county legislative authority may by resolution provide for the election of one full time judge in addition to the number of full time judges authorized.

NEW SECTION. Sec. 5. A new section is added to chapter 3.34 RCW to read as follows:

In addition to the number of judges provided for under RCW 3.34.010 and 3.34.020, there shall be in each judicial district such additional number of judges as dictated by the weighted caseload methodology developed by the office of the administrator for the courts.

Sec. 6. Section 15, chapter 299, Laws of 1961 as amended by section 12, chapter 258, Law of 1984 and RCW 3.34.060 are each amended to read as follows:

To be eligible to file a declaration of candidacy for and to serve as a district court judge, a person must:

(1) Be a registered voter of the district court district; and

(2) Be ((~~either:~~

~~(a)~~)) a lawyer admitted to practice law in the state of Washington((~~; or~~

~~(b) A person who has been elected and has served as a justice of the peace, district judge, municipal judge, or police judge in Washington; or~~

(c) In those districts having a population of less than ten thousand persons, a person who has taken and passed the qualifying examination for the office of district judge as shall be provided by rule of the supreme court)): PROVIDED, That a person other than an attorney may be a district court judge, if the person was appointed district court judge prior to the effective date of this 1989 act.

Sec. 7. Section 19, chapter 299, Laws of 1961 as amended by section 16, chapter 258, Laws of 1984 and RCW 3.34.100 are each amended to read as follows:

If a district judge dies, resigns, is convicted of a felony, ceases to reside in the district, fails to serve for any reason except temporary disability, or if his or her term of office is terminated in any other manner, the office shall be deemed vacant. In counties operating under a home rule charter, the county executive authority shall fill all vacancies by appointment and in all other counties, the county legislative authority shall fill all vacancies by appointment and the judge thus appointed shall hold office until the next general election and until a successor is elected and qualified. District judges shall be granted sick leave in the same manner as other county employees.

Sec. 8. Section 26, chapter 299, Laws of 1961 as last amended by section 23, chapter 258, Laws of 1984 and RCW 3.38.020 are each amended to read as follows:

The district court districting committee shall meet at the call of the prosecuting attorney to prepare a plan for the districting of the county into one or more district court districts in accordance with the provisions of chapters 3.30 through 3.74 RCW. The plan shall include the following:

(1) The boundaries of each district proposed to be established;

(2) The number of judges to be elected in each district;

(3) The location of the central office, courtrooms and records of each court;

(4) The other places in the district, if any, where the court shall sit: PROVIDED, That pursuant to RCW 3.30.040, the court shall sit as often as business requires in each city of the district which provides suitable courtroom facilities;

(5) The number and location of district court commissioners to be authorized, if any;

(6) The departments, if any, into which each district court shall be initially organized, including municipal departments provided for in chapter 3.46 RCW;

(7) The name of each district; ((~~and~~))

(8) The allocation of the time and allocation of salary of each judge who will serve part time in a municipal department; and

(9) The compliance with the minimum services for courts of limited jurisdiction established by the supreme court pursuant to RCW 3.02.010.

Sec. 9. Section 27, chapter 299, Laws of 1961 as last amended by section 25, chapter 258, Laws of 1984 and RCW 3.38.030 are each amended to read as follows:

Upon receipt of the districting plan, the county legislative authority shall hold a public hearing, pursuant to the provisions of RCW 36.32.120(7), as now or hereafter amended. At the hearing, anyone interested in the plan may attend and be heard as to the convenience which will be afforded to the public by the plan, and as to any other matters pertaining thereto. If the county legislative authority finds that the plan proposed by the districting committee conforms to the standards set forth in chapters 3.30 through 3.74 RCW ((~~and~~)), is conducive to the best interests and welfare of the county as a whole, and complies with the minimum services for courts of limited jurisdiction established by the legislature with recommendation from the judicial council, it may adopt such plan. If the county legislative authority finds that the plan does not conform to the standards as provided in chapters 3.30 through 3.74 RCW, the county legislative authority ((~~may~~)) shall identify the areas of nonconformance and modify, revise, or amend the plan and adopt such amended or revised plan as the county's district court districting plan. The plan decided upon shall be adopted by the county legislative authority not later than six months after the classification of the county as class A or the adoption of the elective resolution.

Sec. 10. Section 30, chapter 299, Laws of 1961 as amended by section 29, chapter 258, Laws of 1984 and RCW 3.38.060 are each amended to read as follows:

Joint districts may be established containing all or part of two or more counties. The legislature finds that for the efficient administration of justice, joint district court districts which provide for full-time judges are desirable. The county containing the largest portion of the population of a joint district shall be known as the "principal county" and each joint district shall be deemed to lie within the principal county for the purpose of chapters 3.30 through 3.74 RCW. A joint district may be established by resolution of one county concurred in by a resolution of each other county: PROVIDED, That the county legislative authority of a county containing the largest portion of the population of a city may include the portions of such city lying outside the county in a joint district without concurrence of the other counties.

Elections of judges in joint districts shall be conducted and canvassed in the same manner as elections of superior court judges in joint judicial districts.

NEW SECTION. Sec. 11. A new section is added to chapter 3.46 RCW to read as follows:

For the purposes of this chapter, a "municipal department of the district court" means an administrative unit of the district court established for the orderly and efficient administration of business.

Sec. 12. Section 39, chapter 299, Laws of 1961 as amended by section 2, chapter 33, Laws of 1975 and RCW 3.46.050 are each amended to read as follows:

Each city may select its ((~~full time~~)) municipal department judge or judges by election, or by appointment in such manner as the city legislative body determines: PROVIDED, That in cities having a population in excess of four hundred thousand, the municipal judges shall be elected: PROVIDED FURTHER, That no municipal department judge may be appointed or elected unless said judge is also an elected district judge.

Sec. 13. Section 46, chapter 299, Laws of 1961 as last amended by section 1, chapter 169, Laws of 1988 and RCW 3.46.120 are each amended to read as follows:

(1) All money received by the clerk of a municipal department including penalties, fines, bail forfeitures, fees and costs shall be paid by the clerk to the city treasurer.

(2) The city treasurer shall remit monthly ((~~thirty-two~~)) forty percent of the money received under this section, other than for parking infractions, and 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, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

(3) The balance of the money received under this section shall be retained by the city and deposited as provided by law.

Sec. 14. Section 49, chapter 299, Laws of 1961 as amended by section 210, chapter 258, Laws of 1984 and RCW 3.46.150 are each amended to read as follows:

Any city, having established a municipal department as provided in this chapter may, by written notice to the county legislative authority not less than ((~~thirty days prior to February 1st of any year~~)) one year prior to the commencement of the odd-year state legislative session, require the termination of the municipal department created pursuant to this chapter. However, the city may not give the written notice required by this section unless the city has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW.

Sec. 15. Section 53, chapter 299, Laws of 1961 as last amended by section 106, chapter 258, Laws of 1984 and RCW 3.50.040 are each amended to read as follows:

Within thirty days after the effective date of the ordinance creating the municipal court, the mayor of each city or town shall appoint a municipal judge or judges of the municipal court for a term of four years. The terms of judges serving on July 1, 1984, and municipal judges who are appointed to terms commencing before January 1, 1986, shall expire January 1, 1986. The terms of their successors shall commence on January 1, 1986, and on January 1 of each fourth year thereafter, pursuant to appointment or election as provided in this chapter. Appointments shall be made on or before December 1 of the year next preceding the year in which the terms commence.

The legislative authority of a city or town that has the general power of confirmation over mayoral appointments shall have the power to confirm the appointment of a municipal judge.

A person appointed as a full-time or part-time municipal judge shall be a citizen of the United States of America and of the state of Washington; and an attorney admitted to practice law before the courts of record of the state of Washington: PROVIDED, That in a municipality having a population less than five thousand persons, a person other than an attorney may be the judge if the person was appointed municipal court judge prior to the effective date of this 1989 act. Any city or town shall have authority to appoint a district judge as its municipal judge when the municipal judge is not required to serve full time. In the event of the appointment of a district judge, the city or town shall pay a pro rata share of the salary.

Sec. 16. Section 55, chapter 299, Laws of 1961 as amended by section 108, chapter 258, Laws of 1984 and RCW 3.50.060 are each amended to read as follows:

A city or town electing to establish a municipal court pursuant to this chapter may terminate such court by adoption of an appropriate ordinance. However no municipal court may be terminated unless the municipality has complied with RCW 3.50.805, 35.22.425, 35.23.595, 35.24.455, 35.27.515, 35.30.100, and 35A.11.200.

A city or town newly establishing a municipal court pursuant to this chapter shall do so by adoption of an appropriate ordinance on or before December 1 of any year, to take effect January 1 of the following year. The city or town shall notify the administrator for the courts on or before January 1 of the newly established municipal court.

Sec. 17. Section 59, chapter 299, Laws of 1961 as last amended by section 2, chapter 169, Laws of 1988 and RCW 3.50.100 are each amended to read as follows:

(1) Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, fines, forfeitures and other money imposed by any municipal court for the violation of any municipal or town ordinances shall be collected by the court clerk and, together with any other revenues received by the clerk, shall be deposited with the city or town treasurer as a part of the general fund of the city or town, or deposited in such other fund of the city or town, or deposited in such other funds as may be designated by the laws of the state of Washington.

(2) The city treasurer shall remit monthly ((~~thirty-two~~)) forty-eight percent of the money received under this section, other than for parking infractions, and 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, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

(3) The balance of the money received under this section shall be retained by the city and deposited as provided by law.

Sec. 18. Section 203, chapter 258, Laws of 1984 and RCW 3.50.805 are each amended to read as follows:

(1) A municipality operating a municipal court under this chapter shall not terminate that court unless written notice is provided to the county legislative authority not less than one year prior to the commencement of the odd-year state legislative session and the municipality has reached an agreement with the appropriate county or another municipality under chapter 39.34 RCW under which the county or municipality is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district or municipal court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county or municipality are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county or municipality have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW. A municipality that has entered into agreements with other municipalities that have terminated their municipal courts may not thereafter terminate its court unless each municipality has reached an agreement with the appropriate county in accordance with this section.

(2) A municipality operating a municipal court under this chapter may not repeal in its entirety that portion of its municipal code defining crimes while retaining the court's authority to hear and determine traffic infractions under chapter 46.63 RCW unless written notice is provided to the county legislative authority not less than one year prior to the commencement of the odd-year state legislative session and the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW.

(3) A municipality operating a municipal court under this chapter may not repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless written notice is provided to the county legislative authority not less than one year prior to the commencement of the odd-year state legislative session and the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW.

Sec. 19. Section 101, chapter 299, Laws of 1961 as last amended by section 35, chapter 258, Laws of 1984 and RCW 3.58.020 are each amended to read as follows:

The annual salaries of part-time district judges shall be set by the county legislative authority in each county in ((~~accordance with the minimum and maximum salaries provided in this subsection:~~

~~(1) In districts having a population under two thousand five hundred persons, the salary shall be not less than one thousand five hundred dollars nor more than twelve thousand dollars;~~

(2) In districts having a population of two thousand five hundred persons or more, but less than five thousand, the salary shall be set at not less than one thousand eight hundred dollars nor more than fifteen thousand five hundred dollars;

(3) In districts having a population of five thousand persons or more, but less than seven thousand five hundred, the salary shall be set at no less than one thousand eight hundred or more than twenty-five thousand dollars;

(4) In districts having a population of seven thousand five hundred persons or more, but less than ten thousand, the salary shall be set at not less than two thousand two hundred fifty dollars or more than thirty thousand dollars;

(5) In districts having a population of ten thousand persons or more, but less than twenty thousand, the salary shall be set at no less than three thousand dollars or more than thirty-two thousand dollars;

(6) In districts having a population of twenty thousand persons or more, but less than thirty thousand, the salary shall be set at not less than five thousand two hundred fifty dollars or more than forty thousand dollars)) a pro rata amount of the annual salary of a full-time district court judge established by the Washington citizen's commission of salaries for elected officials.

Sec. 20. Section 102, chapter 299, Laws of 1961 as amended by section 36, chapter 258, Laws of 1984 and RCW 3.58.030 are each amended to read as follows:

The compensation of judges, clerks, judges pro tempore, deputy clerks, and court commissioners payable by the county shall be paid monthly out of the county treasury from the same funds out of which other salaried county officers are paid. One-half of the salary and all benefits of each of the district court judges shall be paid by the state, and the other one-half by the county or counties for which the judge is elected. In cases where a judge is provided for more than one county, that portion of the judge's salary which is to be paid by the counties shall be apportioned between or among them according to the assessed value of their taxable property, to be determined by the assessment next preceding the time for which such salary is to be paid. The county auditor shall draw a warrant on the treasurer of such county on the first Monday of each month for the amount of salary due for the previous month from such county to the state treasurer, and the state treasurer shall issue a warrant to each district judge.

Sec. 21. Section 106, chapter 299, Laws of 1961 as last amended by section 3, chapter 169, Laws of 1988 and RCW 3.62.020 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 division of municipal corporations, noting the information necessary for crediting of such funds as required by law.

(2) The county treasurer shall remit ((~~thirty-two~~)) forty percent of the 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. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

(3) The balance of the money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.

(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.

Sec. 22. Section 108, chapter 299, Laws of 1961 as last amended by section 4, chapter 169, Laws of 1988 and RCW 3.62.040 are each amended to read as follows:

(1) Except as provided in subsection (4) of this section, all costs, fines, forfeitures and penalties assessed and collected, in whole or in part, by district courts because of violations of city ordinances shall be remitted by the clerk of the district court at least monthly directly to the treasurer of the city wherein the violation occurred.

(2) The city treasurer shall remit monthly ((~~thirty-two~~)) forty percent of the money received under this section, other than for parking infractions and 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, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

(3) The balance of the money received under this section shall be retained by the city and deposited as provided by law.

(4) All money collected for city parking infractions shall be remitted by the clerk of the district court at least monthly to the city treasurer for deposit in the city's general fund.

Sec. 23. Section 111, chapter 299, Laws of 1961 as last amended by section 39, chapter 258, Laws of 1984 and RCW 3.62.070 are each amended to read as follows:

Except in traffic cases wherein bail is forfeited or a monetary penalty paid to a violations bureau, and except in cases filed in municipal departments established pursuant to chapter 3.46 RCW and except in cases where a city has contracted with another city for such services pursuant to chapter 39.34 RCW, in every criminal or traffic infraction action filed by a city for an ordinance violation, the city shall be charged a ((~~filing~~)) fee determined pursuant to an agreement as provided for in chapter 39.34 RCW, the interlocal cooperation act, between the city and the county providing the court service. The Washington state judicial council, with input from county and city officials, shall determine a formula to be used by the contracting entities to determine the fees paid. The fees to be paid may be determined on a per case basis, per hour basis, or any other mutually agreeable arrangement. In such criminal or traffic infraction actions the cost of providing services necessary for the preparation and presentation of a defense at public expense are not within the filing fee and shall be paid by the city. In all other criminal or traffic infraction actions, no filing fee shall be assessed or collected: PROVIDED, That in such cases, for the purposes of RCW 3.62.010, four dollars or the agreed filing fee of each fine or penalty, whichever is greater, shall be deemed filing costs. In the event no agreement is reached between a municipal corporation and the county providing the court service within ninety days of September 1, 1979, the municipal corporation and the county shall be deemed to have entered into an agreement to submit the issue to arbitration pursuant to chapter 7.04 RCW, and the municipal corporation and the county shall be entitled to the same rights and subject to the same duties as other parties who have agreed to submit to arbitration pursuant to chapter 7.04 RCW. In the event that such issue is submitted to arbitration, the arbitrator or arbitrators shall only consider those additional costs borne by the county in providing district court services for such city.

Sec. 24. Section 337, chapter 258, Laws of 1984 as amended by section 4, chapter 98, Laws of 1986 and RCW 3.62.090 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~~)) one hundred 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 46.61.515, 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.))

Sec. 25. Section 35.20.010, chapter 7, Laws of 1965 as last amended by section 201, chapter 258, Laws of 1984 and RCW 35.20.010 are each amended to read as follows:

(1) There ((~~is hereby~~)) may be created and established in each incorporated city of this state having a population of more than four hundred thousand inhabitants, as shown by the federal or state census, whichever is the later, a municipal court, which shall be styled "The Municipal Court of .......... (name of city)," hereinafter designated and referred to as the municipal court, which court shall have jurisdiction and shall exercise all the powers by this chapter declared to be vested in such municipal court, together with such powers and jurisdiction as is generally conferred in this state either by common law or statute.

(2) A municipality operating a municipal court under this section may terminate that court if the municipality provides written notice to the county legislative authority not less than one year prior to the commencement of the odd-year state legislative session and the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW.

Sec. 26. Section 35.20.220, chapter 7, Laws of 1965 as last amended by section 6, chapter 169, Laws of 1988 and RCW 35.20.220 are each amended to read as follows:

(1) The chief clerk, under the supervision and direction of the court administrator of the municipal court, shall have the custody and care of the books, papers and records of said court; he shall be present by himself or deputy during the session of said court, and shall have the power to swear all witnesses and jurors, and administer oaths and affidavits, and take acknowledgments. He shall keep the records of said court, and shall issue all process under his hand and the seal of said court, and shall do and perform all things and have the same powers pertaining to his office as the clerks of the superior courts have in their office. He shall receive all fines, penalties and fees of every kind, and keep a full, accurate and detailed account of the same; and shall on each day pay into the city treasury all money received for said city during the day previous, with a detailed account of the same, and taking the treasurer's receipt therefor.

(2) The city treasurer shall remit monthly ((~~thirty-two~~)) forty percent of the money received under this section, other than for parking infractions and 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, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

(3) The balance of the money received under this section shall be retained by the city and deposited as provided by law.

NEW SECTION. Sec. 27. Section 40, chapter 299, Laws of 1961, section 75, chapter 258, Laws of 1984 and RCW 3.46.060 are each repealed.