H-3840 _______________________________________________
HOUSE BILL NO. 2736
_______________________________________________
State of Washington 51st Legislature 1990 Regular Session
By Representatives Chandler, Jesernig, Dellwo, Crane, Heavey, Padden, Kirby, Bowman, Smith, Holland, Tate, Youngsman, Wolfe, Moyer, D. Sommers, Silver, Van Luven, Ferguson, Ballard, Hankins and Rayburn
Read first time 1/19/90 and referred to Committees on Judiciary/Appropriations.
AN ACT Relating to disposition of revenue; and amending RCW 3.46.120, 3.50.100, 3.62.020, 3.62.040, 3.62.090, 10.82.070, and 35.20.220.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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 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. 2. 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 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. 3. 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))) (2) 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 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)))
(2) 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. 4. 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))) (2) 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 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)))
(2) 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. 5. Section 3, page 421, Laws of 1873 as last amended by section 5, chapter 169, Laws of 1988 and RCW 10.82.070 are each amended to read as follows:
(((1)))
All sums of money derived from costs, fines, penalties, and forfeitures imposed
or collected, in whole or in part, by a superior court for violation of orders
of injunction, mandamus and other like writs, for contempt of court, or for
breach of the penal laws shall be paid in cash by the person collecting the
same, within twenty days after the collection, to the county treasurer of the
county in which the same have accrued.
(((2)
The county treasurer shall remit monthly thirty-two percent of the money received
under this section except for certain costs to the state treasurer for deposit
as provided under RCW 43.08.250 and shall deposit the remainder as provided by
law. "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.
(3))) All fees, fines, forfeitures and penalties collected
or assessed by a district court because of the violation of a state law shall
be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
All fees, fines, forfeitures, and penalties collected or assessed by a superior
court in cases on appeal from a lower court shall be remitted to the municipal
or district court from which the cases were appealed.
Sec. 6. 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 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. 7. 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 percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, 10.82, 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)) as provided in
chapters 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. The additional assessment
required by this subsection shall not be suspended or waived by the court.