AN ACT Relating to local government fiscal matters; amending RCW 82.14.200, 82.14.210, 82.44.150, 82.14.050, 82.14.060, 82.46.010, 84.52.043, 41.16.060, 41.16.050, 36.18.020, 3.62.060, 12.40.020, 63.29.190, 46.16.216, 46.20.270, and 43.135.060; adding a new chapter to Title 43 RCW; adding a new section to chapter 41.26 RCW; adding a new section to chapter 41.16 RCW; adding a new section to chapter 41.18 RCW; adding a new section to chapter 44.44 RCW; adding a new section to Title 36 RCW; adding new sections to chapter 63.29 RCW; creating new sections; making appropriations; providing an expiration date; providing effective dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that there exists in the state of Washington a critical need to examine, plan, and finance criminal justice activities. It is the policy of the state of Washington to encourage self-reliance by cities, towns, and counties in meeting their local government responsibilities. However, local criminal justice needs have accelerated to such an extent that many local governments cannot continue to meet the challenges of crime. It is the policy of the state of Washington to assist cities, towns, and counties in meeting these financial needs while promoting and encouraging local solutions, improved management, coordination, and planning of criminal justice activities.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the local justice assistance board created under this chapter.

(2) "Local governments" means cities, towns, and counties.

(3) "Criminal justice activities" means all activities including operational and capital expenditures of superior, district, and municipal courts, jails or corrections, law enforcement, indigent defense, prosecution, probation, and community service.

(4) "Grants-in-aid" means moneys applied for by cities, towns, and counties and approved by the local justice assistance board based on criteria specified in this chapter.

(5) "Formula financing" means moneys distributed by formula, to counties based on criteria and approved by the local justice assistance board.

NEW SECTION. Sec. 3. (1) The local justice assistance board is created, composed of seventeen members as follows:

(a) The director of the department of community development or the director's designee;

(b) The director of financial management or the director's designee;

(d) Four representatives of cities and towns, appointed by the governor from a list of at least eight persons nominated by the association of Washington cities;

(e) Four representatives of counties, appointed by the governor from a list of at least eight persons nominated by the Washington state association of counties;

(f) One representative of sheriffs and police chiefs, appointed by the governor from a list of at least two persons nominated by the Washington association of sheriffs and police chiefs;

(g) One representative of prosecutors, appointed by the governor from a list of at least two persons nominated by the Washington association of prosecutors;

(h) Two members of the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives; and

(i) Two members of the senate, one from each of the two largest caucuses, appointed by the president of the senate.

(2) If a legislator would be ineligible for appointment to the board as a voting member under the state Constitution, that legislator shall be a nonvoting member of the board during the period of such ineligibility.

(3) Legislative members of the board and persons who are board members by virtue of holding a state office shall serve until their successors are appointed and qualified. Members of the board appointed by the governor shall serve four-year terms, except that the initial term shall be two years for half of the members of the board, as determined by the governor. Vacancies on the board shall be filed by appointment by the original appointing authority under this section. The board shall elect a chairperson from among its members.

(4) Board members shall receive no compensation, but shall be reimbursed as provided in RCW 43.03.050, 43.03.060, and 44.04.120.

NEW SECTION. Sec. 4. The director of the department of community development shall provide administrative and staff support for the board.

NEW SECTION. Sec. 5. The board may:

(1) Accept from any state or federal agency, grants or other moneys for the planning or financing of criminal justice activities and enter into agreements with any such agency concerning grants or other moneys;

(2) Provide technical assistance to local governments, including (a) training and other services to assist them in planning, applying, and qualifying for funding for criminal justice activities; and (b) assistance to improve local management, coordination, and delivery of criminal justice services;

(3) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms and conditions that are not in conflict with this chapter;

(4) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter;

(5) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.

NEW SECTION. Sec. 6. (1) The board shall adopt a formula financing methodology for funding county criminal justice activities. The formula is to be developed in a manner that provides resources to those counties most affected by extraordinary crime trends, and that encourages management efficiencies. In developing the formula, the board shall consider appropriate criteria that may include, but are not limited to:

(a) Reported crime;

(b) Bookings, filings, trials, convictions, and commitments;

(d) Costs of financing indigent defense;

(e) Population factors; and

(f) Measures of fiscal capacity, including per capita assessed valuation, per capita excise tax data, other tax base indicators, rates of taxation, and other relevant revenue information.

(2) The specific data elements and methodology for formula financing of criminal justice activities and the resulting distribution shall be presented to the fiscal committees of the legislature by September 1, 1990, and each September 1st thereafter. The board may revise the formula after consulting with the fiscal committees. The board shall distribute moneys under the formula as soon as practical, but not earlier than thirty days after submitting the formula to the fiscal committees.

NEW SECTION. Sec. 7. (1) The board shall develop a methodology to distribute grants-in-aid for local government criminal justice activities. The purpose of the grants-in-aid program is to provide ongoing assistance to reduce specific categories of crime that are causing significant effects on the local criminal justice system. The objective of all grant-in-aid awards shall be to achieve a reduction of a specific crime rate unless an applicant documents that a specific crime reduction target is not appropriate for the proposed strategy and proposes a substitute objective acceptable to the board.

(2) The board shall develop criteria for awarding grants with specific weightings given for projects that:

(a) Encourage management efficiencies, interlocal agreements, mutual assistance, or other agreements and policy coordination; and

(b) Provide resources to geographic areas with high incidence of crime or unusual problems with extraordinary crime.

(3) The board shall establish a policy as to the number of succeeding awards that may be made to a qualifying local government in order that specific crime reduction goals may be met in keeping with a strategy proposed by an applicant. The board shall establish policies that require local matching rates that may increase in succeeding award periods. The board may provide for exemptions from matching requirements for those jurisdictions that it determines are economically distressed for the purposes of chapter 82.60 RCW.

NEW SECTION. Sec. 8. (1) The board shall develop a methodology and process for distributing emergency grants-in-aid for local government criminal justice activities. The board shall identify drug crime impact areas for the purpose of expedited awards of moneys in order to meet the current crisis that is threatening public safety and the credibility of the local government criminal justice system. "Drug crime impact areas" means those local governments that are experiencing recent significant increases in criminal justice costs and activities related to drug crimes. If any awards for jail construction are awarded under this section, the conditions in section 13 (1) and (2) of this act shall apply.

(2) The board shall award these emergency grants-in-aid no later than August 1, 1990. Any portion of the amounts appropriated for this purpose not awarded by August 1, 1990, shall be transferred by the board to the grants-in-aid program under section 7 of this act. Matching requirements shall not be required by the board for receipt of moneys under this section. Grants under this section shall not be made after August 1, 1990.

NEW SECTION. Sec. 9. The board shall keep proper records of accounts and shall be subject to audit by the state auditor. The board may request information of the state auditor as to audits of local governments receiving any moneys under this chapter.

NEW SECTION. Sec. 10. (1) On or before January 1st of each year, the board shall prepare a report on the status of criminal justice in the state of Washington. Such report may include policy recommendations to the legislature for dealing with criminal justice issues and problems.

(2) The board may conduct studies and research into criminal policies and practices as identified by the board. In conducting studies and research, the board may request assistance from the office of financial management, department of corrections, state patrol, sentencing guidelines commission, or other appropriate state, local, or federal agency or private source.

(3) The board may develop a library of materials on trends and techniques in dealing with local government criminal justice problems and issues that may be used by interested parties.

NEW SECTION. Sec. 11. (1) The criminal justice assistance account is hereby created in the state treasury. Except for unanticipated receipts under chapter 43.79 RCW, moneys in the account may be spent only after appropriation by statute. Expenditures from the account may be used only for the purposes of sections 6 through 8 of this act.

(2) On July 1, 1990, the state treasurer shall transfer twenty million dollars from the general fund to the criminal justice assistance account. On July 1, 1991, and each July 1st thereafter, the state treasurer shall transfer from the general fund to the criminal justice assistance account an amount equal to fifteen million dollars multiplied by a fraction. The numerator of the fraction is estimated state personal income for the fiscal year beginning on the date of the transfer. The denominator of the fraction is estimated state personal income for the fiscal year beginning July 1, 1990. State personal income estimates from the most recent official forecast under RCW 82.01.120 shall be used for purposes of this section. Once a transfer is made under this section, the amount of that transfer shall not be recalculated based on subsequent revisions of state personal income estimates.

NEW SECTION. Sec. 12. (1) Ten million dollars, or as much thereof as may be necessary, is appropriated from the criminal justice assistance account to the department of community development for the fiscal biennium ending June 30, 1991, for the purpose of distributions under section 6 of this act.

(2) Five million dollars, or as much thereof as may be necessary, is appropriated from the criminal justice assistance account to the department of community development for the fiscal biennium ending June 30, 1991, for the purpose of distributions under section 7 of this act.

(3) Five million dollars, or as much thereof as may be necessary, is appropriated from the criminal justice assistance account to the department of community development for the fiscal biennium ending June 30, 1991, for the purpose of distributions under section 8 of this act.

(4) Two hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of community development for the fiscal biennium ending June 30, 1991, for the purpose of administering sections 1 through 11 of this act.

NEW SECTION. Sec. 13. The sum of fourteen million four hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the state building and construction account to the local justice assistance board for the biennium ending June 30, 1991, for the purpose of providing grants to local governments for construction and expansion of jail facilities. The appropriation in this section is subject to the following conditions and limitations:

(1) Before receiving a grant, an applicant shall demonstrate an ability to complete the construction or expansion of the jail facility;

(2) The grants shall not exceed an amount equivalent to sixty-six percent of the cost per bed, up to a maximum of twelve thousand dollars per bed, created or added to a jail facility;

(3) The office of financial management shall develop eligibility criteria for grants. The intent of the criteria is to award grants based on highest need. The criteria shall include, among other things determined by the office, a requirement for a jail management plan to reduce the local jail inmate population;

(4) The office of financial management may create a local advisory committee to develop the criteria for selection of projects for funding under this section. The advisory committee shall consist of representatives of law enforcement, jail administrators, prosecutors, judges, the department of corrections, the office of financial management, and other officials as deemed appropriate by the office.

Sec. 14. Section 21, chapter 49, Laws of 1982 1st ex. sess. as last amended by section 82, chapter 57, Laws of 1985 and RCW 82.14.200 are each amended to read as follows:

There is created in the state treasury a special account to be known as the "county sales and use tax equalization account." Into this account shall be placed a portion of all motor vehicle excise tax receipts as provided in RCW 82.44.150(2). Funds in this account shall be allocated by the state treasurer according to the following procedure:

(1) Prior to April 1st of each year the director of revenue shall inform the state treasurer of the total and the per capita levels of revenues for the unincorporated area of each county and the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) for the previous calendar year.

(2) At such times as distributions are made under RCW 82.44.150, ((~~as now or hereafter amended,~~)) the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than one hundred fifty thousand dollars from the tax for the previous calendar year, an amount from the county sales and use tax equalization account sufficient, when added to the amount of revenues received the previous calendar year by the county, to equal one hundred fifty thousand dollars.

The department of revenue shall establish a governmental price index as provided in this subsection. The base year for the index shall be the end of the third quarter of 1982. Prior to November 1, 1983, and prior to each November 1st thereafter, the department of revenue shall establish another index figure for the third quarter of that year. The department of revenue may use the implicit price deflators for state and local government purchases of goods and services calculated by the United States department of commerce to establish the governmental price index. Beginning on January 1, 1984, and each January 1st thereafter, the one hundred fifty thousand dollar base figure in this subsection shall be adjusted in direct proportion to the percentage change in the governmental price index from 1982 until the year before the adjustment. Distributions made under this subsection for 1984 and thereafter shall use this adjusted base amount figure.

(3) Subsequent to the distributions under subsection (2) of this section and at such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than seventy percent of the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties as determined by the department of revenue under subsection (1) of this section, an amount from the county sales and use tax equalization account sufficient, when added to the per capita level of revenues for the unincorporated area received the previous calendar year by the county, to equal seventy percent of the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties determined under subsection (1) of this section, subject to reduction under subsections (6) and (7) of this section. When computing distributions under this section, any distribution under subsection (2) of this section shall be considered revenues received from the tax imposed under RCW 82.14.030(1) for the previous calendar year.

(4) Subsequent to the distributions under subsection (3) of this section and at such times as distributions are made under RCW 82.44.150, ((~~as now or hereafter amended,~~)) the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (2) of this section, a third distribution from the county sales and use tax equalization account. The distribution to each qualifying county shall be equal to the distribution to the county under subsection (2) of this section, subject to the reduction under subsections (6) and (7) of this section. To qualify for the total distribution under this subsection, the county must impose the tax under RCW 82.14.030(2) for the entire calendar year. Counties imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.

(5) Subsequent to the distributions under subsection (4) of this section and at such times as distributions are made under RCW 82.44.150, ((~~as now or hereafter amended,~~)) the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a fourth distribution from the county sales and use tax equalization account. The distribution to each qualifying county shall be equal to the distribution to the county under subsection (3) of this section, subject to the reduction under subsections (6) and (7) of this section. To qualify for the distributions under this subsection, the county must impose the tax under RCW 82.14.030(2) for the entire calendar year. Counties imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.

(6) ((Revenues distributed under this section in any calendar year shall not exceed an amount equal to seventy percent of the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties during the previous calendar year. If distributions under subsections (3) through (5) of this section cannot be made because of this limitation, then distributions under subsections (3) through (5) of this section shall be reduced ratably among the qualifying counties)) Subsequent to distributions under subsection (5) of this section and at such times as distributions are made under RCW 82.44.150, the department of revenue shall apportion and the state treasurer shall distribute to each fourth through ninth class county a fifth distribution from the county sales and use tax equalization account. The distribution to each qualifying county shall be one hundred thousand dollars or an amount that when added to the distribution under subsection (2) of this section and the previous year's distribution under RCW 82.14.030(1) equals three hundred seventy-five thousand dollars, whichever is greater.

(7) Beginning on January 1, 1992, and each January 1st thereafter, the one hundred thousand dollars and three hundred seventy-five thousand dollars in subsection (6) of this section shall be adjusted by the same percentage calculated under subsection (2) of this section.

((~~(7)~~)) (8) If inadequate revenues exist in the county sales and use tax equalization account to make the distributions under subsections (3) through ((~~(5)~~)) (6) of this section, then the distributions under subsections (3) through ((~~(5)~~)) (6) of this section shall be reduced ratably among the qualifying counties. At such time during the year as additional funds accrue to the county sales and use tax equalization account, additional distributions shall be made under subsections (3) through ((~~(5)~~)) (6) of this section to the counties.

((~~(8)~~)) (9) If the level of revenues in the county sales and use tax equalization account exceeds the amount necessary to make the distributions under subsections (2) through ((~~(5)~~)) (6) of this section, then the additional revenues shall be credited and transferred to the state general fund.

((~~(9)~~)) (10) All earnings of investments of balances in the county sales and use tax equalization account shall be credited to the general fund.

Sec. 15. Section 22, chapter 49, Laws of 1982 1st ex. sess. as last amended by section 83, chapter 57, Laws of 1985 and RCW 82.14.210 are each amended to read as follows:

There is created in the state treasury a special account to be known as the "municipal sales and use tax equalization account." Into this account shall be placed such revenues as are provided under RCW 82.44.150(3)(b). Funds in this account shall be allocated by the state treasurer according to the following procedure:

(1) Prior to April 1st of each year the director of revenue shall inform the state treasurer of the total and the per capita levels of revenues for each city and the state-wide weighted average per capita level of revenues for all cities imposing the sales and use tax authorized under RCW 82.14.030(1) for the previous calendar year.

(2) At such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each city not imposing the sales and use tax under RCW 82.14.030(2) an amount from the municipal sales and use tax equalization account equal to the amount distributed to the city under RCW 82.44.150(3)(a) multiplied by thirty-five sixty-fifths.

(3) Subsequent to the distributions under subsection (2) of this section, and at such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each city imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than seventy percent of the state-wide weighted average per capita level of revenues for all cities as determined by the department of revenue under subsection (1) of this section, an amount from the municipal sales and use tax equalization account sufficient, when added to the per capita level of revenues received the previous calendar year by the city, to equal seventy percent of the state-wide weighted average per capita level of revenues for all cities determined under subsection (1) of this section, subject to reduction under subsection (5) of this section.

(4) Subsequent to the distributions under subsection (3) of this section, and at such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each city imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a third distribution from the municipal sales and use tax equalization account. The distribution to each qualifying city shall be equal to the distribution to the city under subsection (3) of this section, subject to the reduction under subsection (5) of this section. To qualify for the distributions under this subsection, the city must impose the tax under RCW 82.14.030(2) for the entire calendar year. Cities imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.

(5) If inadequate revenues exist in the municipal sales and use tax equalization account to make the distributions under subsection (3) or (4) of this section, then the distributions under subsection (3) or (4) of this section shall be reduced ratably among the qualifying cities. At such time during the year as additional funds accrue to the municipal sales and use tax equalization account, additional distributions shall be made under subsections (3) and (4) of this section to the cities.

(6) If the level of revenues in the municipal sales and use tax equalization account exceeds the amount necessary to make the distributions under subsections (2) through (4) of this section, then the additional revenues shall be apportioned among the several cities within the state ratably on the basis of population as last determined by the office of financial management: PROVIDED, That no such distribution shall be made to those cities receiving a distribution under subsection (2) of this section.

(7) The municipal targeted fiscal assistance account is created in the state treasury. Into this account shall be placed such revenues as are provided under RCW 82.44.150(2)(b).

(8) Prior to January 1, 1991, and each January 1st thereafter, the department of revenue shall determine which cities and towns will receive distributions from the municipal targeted fiscal assistance account. Cities and towns shall be eligible to receive distributions from this account if the following conditions are met:

(a) They are receiving a distribution under subsection (3) of this section; and

(b) They have a per capita assessed valuation of property that is at or below seventy percent of the state-wide average per capita assessed valuation of property for all cities.

(9) Beginning January 1, 1991, and each January 1st thereafter, at the same time as distributions are made under RCW 82.44.150, the department of revenue shall apportion and the state treasurer shall distribute to each city and town eligible under subsection (8) of this section an amount which when added to the per capita level of revenues received from the distributions under RCW 82.14.030(1) the previous calendar year and from the current year's distributions under subsection (3) of this section equals seventy-five percent of the state-wide average per capita level of revenues for all cities and towns as determined under RCW 82.14.210(1). The minimum payment under this subsection shall be five hundred dollars in any calendar year. The maximum payment under this subsection shall be twenty-six thousand dollars in any calendar year.

(10) Subsequent to the distributions under subsection (9) of this section and at such times as distributions are made under RCW 82.44.150, the department of revenue shall apportion and the state treasurer shall distribute to each city and town imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate during the full previous calendar year and receiving a distribution under subsection (9) of this section a second distribution from the municipal targeted fiscal assistance account. The distribution to each qualifying city or town shall be equal to the distribution to the city or town under subsection (9) of this section. Cities imposing the tax for less than the full calendar year shall qualify for prorated allocation under this subsection proportionate to the number of months of the year during which the tax was imposed.

(11) If inadequate revenues exist in the municipal targeted fiscal assistance account to make the distributions under subsections (9) and (10) of this section, the distributions under subsection (10) of this section shall be ratably reduced to the qualifying cities and towns. If inadequate revenues still exist then the distributions under subsection (9) of this section shall be ratably reduced.

(12) If the level of revenues in the municipal targeted fiscal assistance account exceeds the amount necessary to make the distributions under this section, then the additional revenues shall be credited and transferred to the state general fund.

(13) For a city or town initially incorporated on or after January 1, 1983, at the time distributions are made under subsection (3) of this section, the state treasurer shall place into a separate designated account for such city or town a pro rata amount of the revenues received under RCW 82.44.150(3)(b) equal to the city's or town's population multiplied by the amount of equalization funds to which the city or town would be entitled if its per capita yield the previous calendar year were zero. Such account shall take effect on January 1st of the first full calendar year during which the city or town imposes the taxes authorized by RCW 82.14.030(1) and shall cease to exist on December 31st of that year.

((~~(8) All earnings of investments of balances in the municipal sales and use tax equalization account shall be credited to the general fund.~~))

(14) At the time that sales and use tax distributions are made pursuant to RCW 82.14.060, the revenues in such designated account shall be added to the city's or town's sales and use tax distributions so as to provide to such city or town an amount which reflects what such jurisdiction's entitlement from the municipal sales and use tax equalization account would have been if the actual distributions of sales and use tax revenues to such city or town had been received the previous full calendar year. Any excess revenues remaining in such designated account upon its expiration shall be apportioned according to subsection (6) of this section. If the department of revenue determines during the year that any funds in the designated account are not necessary for the purposes of distribution under this subsection, the department may deposit those funds in the municipal sales and use tax equalization account to be apportioned according to subsection (6) of this section.

(15) All earnings of investments of balances in the municipal sales and use tax equalization account shall be credited to the general fund.

Sec. 16. Section 1, chapter 18, Laws of 1988 and RCW 82.44.150 are each amended to read as follows:

(1) The director of licensing shall on the twenty-fifth day of February, May, August, and November of each year, commencing with November, 1971, advise the state treasurer of the total amount of motor vehicle excise taxes remitted to the department of licensing during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively, except for those payable under RCW 82.44.020(6) and 82.44.030, from motor vehicle owners residing within each municipality which has levied a tax under RCW 35.58.273, which amount of excise taxes shall be determined by the director as follows:

The total amount of motor vehicle excise taxes remitted to the department, except those payable under RCW 82.44.020(6) and 82.44.030, from each county shall be multiplied by a fraction, the numerator of which is the population of the municipality residing in such county, and the denominator of which is the total population of the county in which such municipality or portion thereof is located. The product of this computation shall be the amount of excise taxes from motor vehicle owners residing within such municipality or portion thereof. Where the municipality levying a tax under RCW 35.58.273 is located in more than one county, the above computation shall be made by county, and the combined products shall provide the total amount of motor vehicle excise taxes from motor vehicle owners residing in the municipality as a whole. Population figures required for these computations shall be supplied to the director by the office of financial management, who shall adjust the fraction annually.

(2) On the first day of the months of January, April, July, and October of each year, the state treasurer based upon information provided by the department of licensing shall make the following apportionment and distribution of motor vehicle excise taxes deposited in the general fund except taxes collected under RCW 82.44.020(6)((.)):

(a) A sum equal to seventeen percent thereof shall be ((~~paid~~)) distributed to cities and towns ((~~in the proportions and for the purposes hereinafter set forth~~)) as provided in subsections (3) and (4) of this section;

(b) A sum equal to one-half of one percent shall be distributed to the municipal targeted fiscal assistance account created under RCW 82.14.210(7);

(c) A sum equal to ((~~two~~)) three percent thereof shall be ((~~allocable~~)) distributed to the county sales and use tax equalization account under RCW 82.14.200; and

(d) A sum equal to four and two-tenths percent of the special excise tax levied under RCW 35.58.273 by those municipalities authorized to levy a special excise tax at a rate not exceeding ninety-six one-hundredths of one percent on the fair market value of every motor vehicle owned by a resident of such municipality shall be deposited in the rail development account established in RCW 47.78.010.

(3) The amount payable to cities and towns shall be apportioned among the several cities and towns within the state according to the following formula:

(a) Sixty-five percent of the sum specified in subsection (2) of this section to be paid to cities and towns shall be apportioned ratably on the basis of population as last determined by the office of financial management.

(b) Thirty-five percent of the sum specified in subsection (2) of this section to be paid to cities and towns shall be apportioned to cities and towns under RCW 82.14.210.

(4) When so apportioned, the amount payable to each such city and town shall be transmitted to the city treasurer thereof, and shall be utilized by such city or town for the purposes of police and fire protection and the preservation of the public health therein, and not otherwise. In case it be adjudged that revenue derived from the excise tax imposed by this chapter cannot lawfully be apportioned or distributed to cities or towns, all moneys directed by this section to be apportioned and distributed to cities and towns shall be credited and transferred to the state general fund.

(5) On the first day of the months of January, April, July, and October of each year, the state treasurer, based upon information provided by the department of licensing, shall remit motor vehicle excise tax revenues imposed and collected under RCW 35.58.273 as follows:

(a) The amount required to be remitted by the state treasurer to the treasurer of any municipality levying the tax shall not exceed in any calendar year the amount of locally-generated tax revenues, excluding the excise tax imposed under RCW 35.58.273 for the purposes of this section, which shall have been budgeted by the municipality to be collected in such calendar year for any public transportation purposes including but not limited to operating costs, capital costs, and debt service on general obligation or revenue bonds issued for these purposes; and

(b) In no event may the amount remitted in a single calendar quarter exceed the amount collected on behalf of the municipality under RCW 35.58.273 during the calendar quarter next preceding the immediately preceding quarter.

(6) At the close of each calendar year accounting period, but not later than April 1, each municipality that has received motor vehicle excise taxes under subsection (5) of this section shall transmit to the director of licensing and the state auditor a written report showing by source the previous year's budgeted tax revenues for public transportation purposes as compared to actual collections. Any municipality that has not submitted the report by April 1 shall cease to be eligible to receive motor vehicle excise taxes under subsection (5) of this section until the report is received by the director of licensing. If a municipality has received more or less money under subsection (5) of this section for the period covered by the report than it is entitled to receive by reason of its locally-generated collected tax revenues, the director of licensing shall, during the next ensuing quarter that the municipality is eligible to receive motor vehicle excise tax funds, increase or decrease the amount to be remitted in an amount equal to the difference between the locally-generated budgeted tax revenues and the locally-generated collected tax revenues. In no event may the amount remitted for a calendar year exceed the amount collected on behalf of the municipality under RCW 35.58.273 during that same calendar year. At the time of the next fiscal audit of each municipality, the state auditor shall verify the accuracy of the report submitted and notify the director of licensing of any discrepancies.

(7) The motor vehicle excise taxes imposed under RCW 35.58.273 and required to be remitted under this section shall be remitted without legislative appropriation.

(8) Any municipality levying and collecting a tax under RCW 35.58.273 which does not have an operating, public transit system or a contract for public transportation services in effect within one year from the initial effective date of the tax shall return to the state treasurer all motor vehicle excise taxes received under subsection (5) of this section.

Sec. 17. Section 6, chapter 94, Laws of 1970 ex. sess. as last amended by section 81, chapter 57, Laws of 1985 and RCW 82.14.050 are each amended to read as follows:

The counties, metropolitan municipal corporations and cities shall contract, prior to the effective date of a resolution or ordinance imposing a sales and use tax, the administration and collection to the state department of revenue, which shall deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes collected for administration and collection expenses incurred by the department. The remainder of any portion of any tax authorized by this chapter which is collected by the department of revenue shall be deposited by the state department of revenue in the local sales and use tax account hereby created in the state treasury. Moneys in the local sales and use tax account may be spent only for distribution to counties, metropolitan municipal corporations, and cities imposing a sales and use tax. All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW, as they now exist or may hereafter be amended, shall, insofar as they are applicable to state sales and use taxes, be applicable to taxes imposed pursuant to this chapter. All earnings of investments of balances in the local sales and use tax account shall be credited to the local sales and use tax account and distributed to the counties, metropolitan municipal corporations, and cities monthly.

Sec. 18. Section 7, chapter 94, Laws of 1970 ex. sess. as last amended by section 11, chapter 4, Laws of 1981 2nd ex. sess. and RCW 82.14.060 are each amended to read as follows:

((~~Bimonthly~~)) Monthly the state treasurer shall make distribution from the local sales and use tax account to the counties, metropolitan municipal corporations and cities the amount of tax collected on behalf of each county, metropolitan municipal corporation or city, less the deduction provided for in RCW 82.14.050. The state treasurer shall make the distribution under this section without appropriation.

In the event that any ordinance or resolution imposes a sales and use tax at a rate in excess of the applicable limits contained herein, such ordinance or resolution shall not be considered void in toto, but only with respect to that portion of the rate which is in excess of the applicable limits contained herein.

NEW SECTION. Sec. 19. Sections 16 and 17 of this act shall not be effective for earnings on balances prior to July 1, 1990, regardless of when a distribution is made.

Sec. 20. Section 11, chapter 49, Laws of 1982 1st ex. sess. and RCW 82.46.010 are each amended to read as follows:

(1) ((~~Subject to the enactment into law of the 1982 amendment to RCW 82.02.020 by section 5, chapter 49, Laws of 1982 1st ex. sess.,~~)) The governing body of any county or any city may impose an excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-quarter of one percent of the selling price.

(2) ((~~Subject to the enactment into law of the 1982 amendment to RCW 82.02.020 by section 5, chapter 49, Laws of 1982 1st ex. sess., in lieu of imposing the tax authorized in RCW 82.14.030(2),~~)) The governing body of any county or any city may impose an additional excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-half of one percent of the selling price.

(3) Taxes imposed under this section shall be collected from persons who are taxable by the state under chapter 82.45 RCW upon the occurrence of any taxable event within the unincorporated areas of the county or within the corporate limits of the city, as the case may be.

(4) Taxes imposed under this section shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes as imposed by the state under chapter 82.45 RCW.

(5) As used in this section, "city" means any city or town.

NEW SECTION. Sec. 21. A new section is added to chapter 41.26 RCW to read as follows:

(1) For taxes levied for collection in 1991 through 2021 only, the legislative authority of any county may levy an annual property tax of three cents per thousand dollars of assessed valuation of the property in the taxing district for the purpose of paying for disability benefits under RCW 41.26.150 including, but not limited to, medical benefits, nursing home benefits, congregate care benefits, or any related health benefits.

(2) The receipts from the tax imposed under this section shall be distributed as follows:

(a) Each city or town located within the county that is obligated to pay disability benefits under RCW 41.26.150 shall receive a portion of these tax receipts equal to the total receipts for the county under this section, multiplied by a fraction. The numerator of the fraction is the number of persons for whom the city or town is obligated to pay such benefits. The denominator of the fraction is the total number of persons eligible to receive such benefits in the county.

(b) The county shall retain the remainder of the receipts under this section.

(3) The receipts from tax under this section, and any interest earnings from these tax receipts, shall be used exclusively to pay for disability benefits under RCW 41.26.150.

(4) This section shall expire December 31, 2021.

Sec. 22. Section 134, chapter 195, Laws of 1973 1st ex. sess. as last amended by section 36, chapter 378, Laws of 1989 and RCW 84.52.043 are each amended to read as follows:

Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:

(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and ((~~thirty-seven and one-half~~)) sixty cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

(2) Except as provided in RCW 84.52.100, the aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and fifty-five cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; and (d) ((~~levies for emergency medical care or emergency medical services imposed under RCW 84.52.069~~)) levies for medical services and related health care as provided under section 21 of this act.

Sec. 23. Section 6, chapter 91, Laws of 1947 as last amended by section 2, chapter 319, Laws of 1987 and RCW 41.16.060 are each amended to read as follows:

It shall be the duty of the legislative authority of each municipality, each year ((~~as a part of its annual tax levy, to levy and place in~~)) to transfer into the fund ((~~a tax of~~)) an amount of money equal to twenty-two and one-half cents per thousand dollars of the municipality's assessed value ((~~against all the taxable property of such municipality: PROVIDED, That~~)). However, if a report by a qualified actuary on the condition of the fund establishes that the whole or any part of ((~~said dollar rate~~)) this amount of money is not necessary to maintain the actuarial soundness of the fund, the ((~~levy of said twenty-two and one-half cents per thousand dollars of assessed value may be omitted, or the whole or any part of said dollar rate may be levied and used for any other municipal purpose~~)) municipality need transfer to the fund only the amount that the actuary finds is necessary to maintain the actuarial soundness of the fund.

Further, it shall be the duty of the legislative authority of each municipality, each year ((~~as a part of its annual tax levy and in addition to the city levy limit set forth in RCW 84.52.043, to levy and place in~~)) to transfer an additional amount of money into the fund ((~~an additional tax~~)) of up to an amount equal to twenty-two and one-half cents per thousand dollars of the municipality's assessed value ((~~against all taxable property of such municipality: PROVIDED, That~~)) if a report by a qualified actuary establishes that ((~~all or any part of the additional twenty-two and one-half cents per thousand dollars of assessed value levy is unnecessary~~)) such moneys are necessary to meet the estimated demands on the fund under this chapter for the ensuing budget year((, the levy of said additional twenty-two and one-half cents per thousand dollars of assessed value may be omitted, or the whole or any part of such dollar rate may be levied and used for any other municipal purpose: PROVIDED FURTHER, That cities that have annexed to library districts according to RCW 27.12.360 through 27.12.395 and/or fire protection districts according to RCW 52.04.061 through 52.04.081 shall not levy this additional tax to the extent that it causes the combined levies to exceed the statutory or constitutional limits.

~~The amount of a levy under this section allocated to the pension fund may be reduced in the same proportion as the regular property tax levy of the municipality is reduced by chapter 84.55 RCW~~)).

Sec. 24. Section 5, chapter 91, Laws of 1947 as last amended by section 3, chapter 296, Laws of 1986 and RCW 41.16.050 are each amended to read as follows:

There is hereby created and established in the treasury of each municipality a fund which shall be known and designated as the firemen's pension fund, which shall consist of: (1) All bequests, fees, gifts, emoluments or donations given or paid thereto; (2) ((~~forty-five percent of all moneys received~~)) contributions made by the state from taxes on fire insurance premiums; (3) taxes paid pursuant to the provisions of RCW 41.16.060; (4) interest on the investments of the fund; and (5) contributions by firemen as provided for herein.

Forty-five percent of the moneys received by the state from the insurance premiums tax on fire insurance premiums ((~~under the provisions of this chapter~~)) shall be distributed to cities, towns, and fire protection districts in the proportion that the number of ((~~paid~~)) retired firemen and widows or widowers in the city, town or fire protection district bears to the total number of paid firemen throughout the state to be ascertained in the following manner: The secretary of the firemen's pension board of each city, town and fire protection district now or hereafter coming under the provisions of this chapter shall within thirty days after June 7, 1961, and on or before the fifteenth day of January thereafter, certify to the state treasurer the number of ((~~paid~~)) firemen ((~~in the fire department in~~)) and former firemen who are eligible for benefits under chapter 41.16 or 41.18 RCW from such city, town or fire protection district together with the number of their widows and widowers who are eligible for such pension benefits and the number of former pension system members whose interests are being distributed to children of such members. The state treasurer shall on or before the first day of June of each year deliver to the treasurer of each city, town and fire protection district coming under the provisions of this chapter his warrant, payable to each city, town or fire protection district for the amount due such city, town or fire protection district ascertained as herein provided and the treasurer of each such city, town or fire protection district shall place the amount thereof to the credit of the firemen's pension fund of such city, town or fire protection district.

Annually, on or before the first day of September, any money remaining in the firemen's pension fund of a city, town, or fire protection district, that was obtained from distributions of the state insurance premiums tax on fire insurance premiums, shall be transferred to the state treasurer if no persons are eligible for pension benefits under chapter 41.16 or 41.18 RCW. The money so transferred to the state treasurer shall be distributed to cities, towns, and fire protection districts by the state treasurer, in the same manner as fire insurance premium tax receipts are distributed, when the next distribution of such fire insurance premium tax receipts is made.

NEW SECTION. Sec. 25. A new section is added to chapter 41.16 RCW to read as follows:

On or before the first day of November of each year, each municipality that has a pension system created under this chapter shall provide to the state actuary such information as the state actuary needs to analyze the fiscal condition of the retirement system.

NEW SECTION. Sec. 26. A new section is added to chapter 41.18 RCW to read as follows:

NEW SECTION. Sec. 27. A new section is added to chapter 44.44 RCW to read as follows:

The state actuary shall adopt rules detailing the information that is to be provided by municipalities under sections 25 and 26 of this act, and shall submit a report to the legislature on or before the first day of January of each year analyzing the fiscal condition of each retirement system.

NEW SECTION. Sec. 28. A new section is added to Title 36 RCW to read as follows:

(1) The legislative authority of a county may impose a tax on employers in the unincorporated area of the county for the privilege of doing business. The following conditions shall apply:

(a) The tax shall be measured by the number of employees.

(b) The tax may be imposed by ordinance. The ordinance may provide exemptions for classes of employers, including but not limited to nonprofit organizations and government agencies.

(d) The tax shall not exceed five dollars per month per employee.

(2) Revenues derived from the imposition of the tax authorized under subsection (1) of this section may be used for any legal purpose.

Sec. 29. Section 1, chapter 342, Laws of 1989 and RCW 36.18.020 are each amended to read as follows:

Clerks of superior courts shall collect the following fees for their official services:

(1) The party filing the first or initial paper in any civil action, including an action for restitution, or change of name, shall pay, at the time said paper is filed, a fee of ((~~seventy-eight~~)) one hundred dollars ((~~except~~)). In proceedings filed under RCW 26.50.030 or 49.60.227 ((~~where~~)) the petitioner shall pay a filing fee of twenty dollars, or an unlawful detainer action under chapter 59.18 or 59.20 RCW where the plaintiff shall pay a filing fee of ((~~thirty~~)) forty dollars. If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay, prior to proceeding with the unlawful detainer action, an additional ((~~forty-eight~~)) sixty dollars which shall be considered part of the filing fee. The ((~~thirty~~)) forty dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.

(2) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when said paper is filed, a fee of ((~~seventy-eight~~)) one hundred dollars.

(3) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing, a fee of ((~~fifteen~~)) twenty dollars.

(4) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of ((~~five~~)) twenty dollars shall be paid.

(5) For the filing of a petition for modification of a decree of dissolution, a fee of twenty dollars shall be paid.

(6) The party filing a demand for jury ((~~of six in a civil action, shall pay, at the time of filing, a fee of twenty-five dollars; if the demand is for a jury of twelve the fee shall be fifty dollars~~)) shall pay, at the time of making the demand, an initial amount equal to one daily jury fee and an additional amount at the conclusion of the time the jury was required equal to the daily jury fee multiplied by the actual number of days required. The daily fee shall be sixty dollars for a jury of six and one hundred twenty dollars for a jury of twelve. If, after the party files a demand for a jury of six and pays the required fee, any other party to the action requests a jury of twelve, ((an)) the additional ((~~twenty-five dollar~~)) fee ((~~will be required of~~)) shall be paid by the party demanding the increased number of jurors.

(7) For filing any paper, not related to or a part of any proceeding, civil or criminal, or any probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law, or for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170, the clerk shall collect ((~~two~~)) twenty dollars.

(8) For copying an instrument on file or of record in the clerk's office, a fee of one dollar per page. For ((~~preparing, transcribing or~~)) certifying any instrument on file or of record in the clerk's office, with or without seal, ((~~for the first page or portion thereof,~~)) a fee of ((~~two~~)) three dollars((~~, and for each additional page or portion thereof, a fee of one dollar~~)). For authenticating or exemplifying any instrument, a fee of ((~~one~~)) three dollars for each additional seal affixed.

(9) For executing a certificate, with or without a seal, a fee of two dollars shall be charged.

(10) For each garnishee defendant named in an affidavit for garnishment and for each writ of attachment, a fee of ((~~five~~)) twenty dollars shall be charged.

(11) For approving a bond, including justification thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.

(12) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of ((~~seventy-eight~~)) one hundred dollars((~~: PROVIDED, HOWEVER,~~)). A fee of ((~~two~~)) twenty dollars shall be charged for filing a will only, when no probate of the will is contemplated. Except as provided for in subsection (13) of this section a fee of ((~~two~~)) twenty dollars shall be charged for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170.

(13) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96.170, there shall be paid a fee of seventy-eight dollars.

(14) For the issuance of each certificate of qualification and each certified copy of letters of administration, letters testamentary or letters of guardianship there shall be a fee of ((~~two~~)) three dollars.

(15) For the preparation of a passport application there shall be a fee of four dollars.

(16) For searching records for which a written report is issued there shall be a fee of eight dollars per hour.

(17) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of ((~~seventy~~)) one hundred dollars.

(18) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.

(19) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.

(20) For filing a document with the court for a motion or motions, a fee of ten dollars shall be charged.

Sec. 30. Section 110, chapter 299, Laws of 1961 as last amended by section 2, chapter 382, Laws of 1987 and RCW 3.62.060 are each amended to read as follows:

In any civil action commenced before or transferred to a district court, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of ((~~twenty-five~~)) fifty dollars. No party shall be compelled to pay to the court any other fees or charges up to and including the rendition of judgment in the action.

Sec. 31. Section 2, chapter 187, Laws of 1919 as amended by section 58, chapter 258, Laws of 1984 and RCW 12.40.020 are each amended to read as follows:

A small claims action shall be commenced by the plaintiff filing a claim, in the form prescribed by RCW 12.40.050, in the small claims department. A filing fee of ((~~ten~~)) twenty dollars shall be paid when the claim is filed.

NEW SECTION. Sec. 32. A new section is added to chapter 63.29 RCW to read as follows:

A local government holding abandoned intangible property that is not forwarded to the department of revenue, as authorized under RCW 63.29.170, shall not be required to maintain current records of this property for longer than five years after the property is presumed to be abandoned, and at that time may archive records of this intangible property and transfer the intangible property to its general fund. However, the local government shall remain liable to pay the intangible property to a person or entity subsequently establishing its ownership of this intangible property.

Sec. 33. Section 19, chapter 179, Laws of 1983 and RCW 63.29.190 are each amended to read as follows:

(1) Except as otherwise provided in subsections (2) and (3) of this section, a person who is required to file a report under RCW 63.29.170, within six months after the final date for filing the report as required by RCW 63.29.170, shall pay or deliver to the department all abandoned property required to be reported. Counties, cities, towns, and other municipal and quasi-municipal corporations which hold funds representing warrants canceled pursuant to RCW 36.22.100 and 39.56.040, excess proceeds from property tax and irrigation district foreclosures, and property tax overpayments or refunds, may retain such funds until the owner notifies them and establishes ownership.

(2) If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the department, and the property will no longer be presumed abandoned. In that case, the holder shall file with the department a verified written explanation of the proof of claim or of the error in the presumption of abandonment.

(3) Property reported under RCW 63.29.170 for which the holder is not required to report the name of the apparent owner must be delivered to the department at the time of filing the report.

(4) The holder of an interest under RCW 63.29.100 shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the department. Upon delivery of a duplicate certificate to the department, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability of every kind in accordance with RCW 63.29.200 to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the department, for any losses or damages resulting to any person by the issuance and delivery to the department of the duplicate certificate.

NEW SECTION. Sec. 34. A new section is added to chapter 63.29 RCW to read as follows:

Any funds covered by RCW 63.29.190 that were received by the state prior to the effective date of this act shall be retained by the state of Washington, and any such funds not remitted to the state prior to the effective date of this act may be retained as provided for under RCW 63.29.190.

Sec. 35. Section 1, chapter 224, Laws of 1984 and RCW 46.16.216 are each amended to read as follows:

(1) To renew a vehicle license, an applicant shall satisfy all listed standing, stopping, and parking violations for the vehicle incurred while the vehicle was registered in the applicant's name and forwarded to the department pursuant to RCW 46.20.270(3). For the purposes of this section, "listed" standing, stopping, and parking violations include only those violations for which notice has been received from local agencies by the department ((~~one hundred fifty~~)) ninety days or more before the date the vehicle license expires and that are placed on the records of the department. Notice of such violations received by the department later than ((~~one hundred fifty~~)) ninety days before that date that are not satisfied shall be considered by the department in connection with any applications for license renewal in any subsequent license year. The renewal application may be processed by the department or its agents only if the applicant:

(a) Presents a preprinted renewal application showing no listed standing, stopping, and parking violations, or in the absence of such presentation, the agent verifies the information that would be contained on the preprinted renewal application; or

(b) If listed standing, stopping, and parking violations exist, presents proof of payment and pays a ((~~ten~~)) fifteen dollar surcharge.

(2) The ((~~ten dollar~~)) surcharge shall be allocated as follows:

(a) ((~~Five~~)) Ten dollars shall be deposited in the motor vehicle fund to be used exclusively for the administrative costs of the department of licensing; and

(b) Five dollars shall be retained by the agent handling the renewal application to be used by the agent for the administration of this section.

(3) If there is a change in the registered owner of the vehicle, the department shall forward the information regarding the change to the local charging jurisdiction and release any hold on the renewal of the vehicle license resulting from parking violations incurred while the certificate of license registration was in a previous registered owner's name.

(4) The department shall send to all registered owners of vehicles who have been reported to have outstanding listed parking violations, at the time of renewal, a statement setting out the dates and jurisdictions in which the violations occurred as well as the amounts of unpaid fines and penalties relating to them and the surcharge to be collected.

Sec. 36. Section 46.20.270, chapter 12, Laws of 1961 as last amended by section 5, chapter 14, Laws of 1982 1st ex. sess. and RCW 46.20.270 are each amended to read as follows:

(1) Whenever any person is convicted of any offense for which this title makes mandatory the suspension or revocation of the driver's license of such person by the department, the privilege of the person to operate a vehicle is suspended until the department takes the action required by this chapter, and the court in which such conviction is had shall forthwith secure the immediate forfeiture of the driver's license of such convicted person and immediately forward such driver's license to the department, and on failure of such convicted person to deliver such driver's license the judge shall cause such person to be confined for the period of such suspension or revocation or until such driver's license is delivered to such judge: PROVIDED, That if the convicted person testifies that he or she does not and at the time of the offense did not have a current and valid vehicle driver's license, the judge shall cause such person to be charged with the operation of a motor vehicle without a current and valid driver's license and on conviction punished as by law provided, and the department may not issue a driver's license to such persons during the period of suspension or revocation: PROVIDED, ALSO, That if the driver's license of such convicted person has been lost or destroyed and such convicted person makes an affidavit to that effect, sworn to before the judge, the convicted person may not be so confined, but the department may not issue or reissue a driver's license for such convicted person during the period of such suspension or revocation: PROVIDED, That perfection of notice of appeal shall stay the execution of sentence including the suspension and/or revocation of the driver's license.

(2) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in Title 46 RCW which occur on federal installations within this state, shall forward to the department within ten days of a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine or penalty, a plea of guilty or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.

(3) Every municipality having jurisdiction over offenses committed under this chapter, or under any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, may forward to the department within ten days of failure to respond, failure to pay a penalty, failure to appear at a hearing to contest the determination that a violation of any statute, ordinance, or regulation relating to standing, stopping, or parking has been committed, or failure to appear at a hearing to explain mitigating circumstances, an abstract of the citation record in the form prescribed by rule of the department, showing the finding by such municipality that ((~~three~~)) two or more violations of laws governing standing, stopping, and parking have been committed and indicating the nature of the defendant's failure to act. Such violations may not have occurred while the vehicle is stolen from the registered owner or is leased or rented under a bona fide commercial vehicle lease or rental agreement between a lessor engaged in the business of leasing vehicles and a lessee who is not the vehicle's registered owner. The department may enter into agreements of reciprocity with the duly authorized representatives of the states for reporting to each other violations of laws governing standing, stopping, and parking.

(4) For the purposes of Title 46 RCW the term "conviction" means a final conviction in a state or municipal court or by any federal authority having jurisdiction over offenses substantially the same as those set forth in Title 46 RCW which occur on federal installations in this state, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic law violation charge, regardless of whether the imposition of sentence is deferred or the penalty is suspended.

(5) For the purposes of Title 46 RCW the term "finding that a traffic infraction has been committed" means a failure to respond to a notice of infraction or a determination made by a court pursuant to this chapter. Payment of a monetary penalty made pursuant to RCW 46.63.070(2) is deemed equivalent to such a finding.

Sec. 37. Section 6, chapter 1, Laws of 1980 and RCW 43.135.060 are each amended to read as follows:

(1) ((The legislature shall not impose responsibility for new programs or increased levels of service under existing programs on any taxing district unless the districts are reimbursed for the costs thereof by the state.

(2) That proportion of state tax revenue which consists of direct state appropriations to taxing districts taken as a group shall not be decreased below that proportion appropriated in the biennium immediately preceding January 1, 1980: PROVIDED, This proportion shall be decreased in any fiscal year only if: (a) The legislature decreases the state tax revenue limit for that fiscal year by an amount equal to the dollar amount of any decrease in direct state appropriations to taxing districts taken as a whole; or (b) the state tax revenue limit has been increased under RCW 43.135.050(3) or 43.135.060(3) and the decrease of the proportion is commensurate with the increase in the state tax revenue limit.

~~(3)~~)) If by order of any court, or legislative enactment, the costs of a federal or taxing district program are transferred to or from the state, the otherwise applicable state tax revenue limit shall be increased or decreased, as the case may be, by the dollar amount of the costs of the program.

((~~(4)~~)) (2) 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 taxing district or~~)) transferred to or from the state under subsection (1) of this section.

NEW SECTION. Sec. 38. Sections 1 through 11 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 39. Sections 1 through 11 of this act shall expire December 31, 1995.

NEW SECTION. Sec. 40. The expiration of sections 1 through 11 and 21 of this act shall not be construed as affecting any existing right acquired or liability or obligation incurred under that section or under any rule or order adopted under that section, nor as affecting any proceeding instituted under that section.

NEW SECTION. Sec. 41. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 42. 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 shall take effect immediately except for sections 14 through 16 and 23 through 27 of this act, which shall take effect on January 1, 1991, and sections 35 and 36 of this act which shall take effect on July 1, 1990.

NEW SECTION. Sec. 43. Section 22 of this act shall be effective for taxes levied for collection in 1991 and thereafter.