BILL REQ. #: S-0268.4
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/12/09. Referred to Committee on Ways & Means.
AN ACT Relating to consolidating accounts into the state general fund; amending RCW 3.50.100, 3.62.020, 3.62.040, 7.68.030, 7.68.035, 7.68.085, 9A.82.110, 9.68A.120, 10.82.090, 10.105.010, 28A.150.380, 28A.505.210, 28A.505.220, 35.20.220, 36.18.012, 36.18.025, 36.70A.130, 39.42.070, 41.05.068, 43.08.250, 43.17.150, 43.41.260, 43.72.900, 43.79.480, 43.99H.060, 43.99K.030, 43.99L.040, 43.135.025, 46.61.5058, 66.24.210, 66.24.290, 67.70.240, 67.70.340, 69.50.505, 70.05.125, 70.47.015, 70.96A.350, 70.146.010, 70.146.020, 70.146.075, 70.190.010, 72.09.111, 74.09.053, 77.12.201, 82.08.150, 82.24.026, 82.24.027, 82.24.028, 82.26.020, 82.32.390, 82.64.020, 83.100.220, 84.52.067, and 90.71.370; reenacting and amending RCW 2.56.030, 36.18.020, 43.84.092, 43.135.045, 48.14.0201, 69.50.520, 72.09.480, 82.04.260, and 82.24.020; creating a new section; repealing RCW 41.45.230, 41.45.233, 70.146.030, 70.146.040, 70.146.060, 70.146.080, 83.100.230, and 84.52.068; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 On July 1, 2009, the state treasurer shall
transfer to the state general fund all unexpended balances of the
public safety and education account, health services account, violence
reduction and drug enforcement account, student achievement fund,
education legacy trust account, pension funding stabilization account,
water quality account, and equal justice subaccount.
Sec. 2 RCW 2.56.030 and 2008 c 291 s 4 and 2008 c 279 s 3 are
each reenacted and amended to read as follows:
The administrator for the courts shall, under the supervision and
direction of the chief justice:
(1) Examine the administrative methods and systems employed in the
offices of the judges, clerks, stenographers, and employees of the
courts and make recommendations, through the chief justice, for the
improvement of the same;
(2) Examine the state of the dockets of the courts and determine
the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the
assignment of judges where courts are in need of assistance and carry
out the direction of the chief justice as to the assignments of judges
to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports
of the business transacted by the courts and transmit the same to the
chief justice to the end that proper action may be taken in respect
thereto;
(5) Prepare and submit budget estimates of state appropriations
necessary for the maintenance and operation of the judicial system and
make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to
the expenditure of public moneys, state and local, for the maintenance
and operation of the judicial system and the offices connected
therewith;
(7) Obtain reports from clerks of courts in accordance with law or
rules adopted by the supreme court of this state on cases and other
judicial business in which action has been delayed beyond periods of
time specified by law or rules of court and make report thereof to
supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW
2.56.060;
(9) Submit annually, as of February 1st, to the chief justice, a
report of the activities of the administrator's office for the
preceding calendar year including activities related to courthouse
security;
(10) Administer programs and standards for the training and
education of judicial personnel;
(11) Examine the need for new superior court and district court
judge positions under an objective workload analysis. The results of
the objective workload analysis shall be reviewed by the board for
judicial administration which shall make recommendations to the
legislature. It is the intent of the legislature that an objective
workload analysis become the basis for creating additional district and
superior court positions, and recommendations should address that
objective;
(12) Provide staff to the judicial retirement account plan under
chapter 2.14 RCW;
(13) Attend to such other matters as may be assigned by the supreme
court of this state;
(14) Within available funds, develop a curriculum for a general
understanding of child development, placement, and treatment resources,
as well as specific legal skills and knowledge of relevant statutes
including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules,
interviewing skills, and special needs of the abused or neglected
child. This curriculum shall be completed and made available to all
juvenile court judges, court personnel, and service providers and be
updated yearly to reflect changes in statutes, court rules, or case
law;
(15) Develop, in consultation with the entities set forth in RCW
2.56.150(3), a comprehensive statewide curriculum for persons who act
as guardians ad litem under Title 13 or 26 RCW. The curriculum shall
be made available July 1, 2008, and include specialty sections on child
development, child sexual abuse, child physical abuse, child neglect,
domestic violence, clinical and forensic investigative and interviewing
techniques, family reconciliation and mediation services, and relevant
statutory and legal requirements. The curriculum shall be made
available to all superior court judges, court personnel, and all
persons who act as guardians ad litem;
(16) Develop a curriculum for a general understanding of crimes of
malicious harassment, as well as specific legal skills and knowledge of
RCW 9A.36.080, relevant cases, court rules, and the special needs of
malicious harassment victims. This curriculum shall be made available
to all superior court and court of appeals judges and to all justices
of the supreme court;
(17) Develop, in consultation with the criminal justice training
commission and the commissions established under chapters 43.113,
43.115, and 43.117 RCW, a curriculum for a general understanding of
ethnic and cultural diversity and its implications for working with
youth of color and their families. The curriculum shall be available
to all superior court judges and court commissioners assigned to
juvenile court, and other court personnel. Ethnic and cultural
diversity training shall be provided annually so as to incorporate
cultural sensitivity and awareness into the daily operation of juvenile
courts statewide;
(18) Authorize the use of closed circuit television and other
electronic equipment in judicial proceedings. The administrator shall
promulgate necessary standards and procedures and shall provide
technical assistance to courts as required;
(19) Develop a Washington family law handbook in accordance with
RCW 2.56.180;
(20) Administer state funds for improving the operation of the
courts and provide support for court coordinating councils, under the
direction of the board for judicial administration;
(21) Administer the family and juvenile court improvement grant
program;
(22)(a) Administer and distribute amounts appropriated ((from the
equal justice subaccount under RCW 43.08.250(2))) for district court
judges' and qualifying elected municipal court judges' salary
contributions. The administrator for the courts shall develop a
distribution formula for these amounts that does not differentiate
between district and elected municipal court judges.
(b) A city qualifies for state contribution of elected municipal
court judges' salaries under (a) of this subsection if:
(i) The judge is serving in an elected position;
(ii) The city has established by ordinance that a full-time judge
is compensated at a rate equivalent to at least ninety-five percent,
but not more than one hundred percent, of a district court judge salary
or for a part-time judge on a pro rata basis the same equivalent; and
(iii) The city has certified to the office of the administrator for
the courts that the conditions in (b)(i) and (ii) of this subsection
have been met;
(23) Subject to the availability of funds specifically appropriated
therefor, assist courts in the development and implementation of
language assistance plans required under RCW 2.43.090.
Sec. 3 RCW 3.50.100 and 2004 c 15 s 3 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 noninterest 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) Except as provided in RCW 10.99.080, the city treasurer shall
remit monthly thirty-two percent of the noninterest 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)) in the state
general fund.
(3) The balance of the noninterest money received under this
section shall be retained by the city and deposited as provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may accrue
interest at the rate of twelve percent per annum, upon assignment to a
collection agency. Interest may accrue only while the case is in
collection status.
(5) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent to the
state treasurer for deposit in the ((public safety and education
account as provided in RCW 43.08.250)) state general fund, twenty-five
percent to the state treasurer for deposit in the judicial information
system account as provided in RCW 2.68.020, twenty-five percent to the
city general fund, and twenty-five percent to the city general fund to
fund local courts.
Sec. 4 RCW 3.62.020 and 2004 c 15 s 4 are each amended to read as
follows:
(1) Except as provided in subsection (4) of this section, all
costs, fees, fines, forfeitures and penalties assessed and collected in
whole or in part by district courts, except costs, fines, forfeitures
and penalties assessed and collected, in whole or in part, because of
the violation of city ordinances, shall be remitted by the clerk of the
district court to the county treasurer at least monthly, together with
a financial statement as required by the state auditor, noting the
information necessary for crediting of such funds as required by law.
(2) Except as provided in RCW 10.99.080, the county treasurer shall
remit thirty-two percent of the noninterest money received under
subsection (1) of this section except certain costs to the state
treasurer. "Certain costs" as used in this subsection, means those
costs awarded to prevailing parties in civil actions under RCW 4.84.010
or 36.18.040, or those costs awarded against convicted defendants in
criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other
similar statutes if such costs are specifically designated as costs by
the court and are awarded for the specific reimbursement of costs
incurred by the state or county in the prosecution of the case,
including the fees of defense counsel. Money remitted under this
subsection to the state treasurer shall be deposited ((as provided in
RCW 43.08.250)) in the state general fund.
(3) The balance of the noninterest money received by the county
treasurer under subsection (1) of this section shall be deposited in
the county current expense fund.
(4) All money collected for county parking infractions shall be
remitted by the clerk of the district court at least monthly, with the
information required under subsection (1) of this section, to the
county treasurer for deposit in the county current expense fund.
(5) Penalties, fines, bail forfeitures, fees, and costs may accrue
interest at the rate of twelve percent per annum, upon assignment to a
collection agency. Interest may accrue only while the case is in
collection status.
(6) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent to the
state treasurer for deposit in the ((public safety and education
account as provided in RCW 43.08.250)) state general fund, twenty-five
percent to the state treasurer for deposit in the judicial information
system account as provided in RCW 2.68.020, twenty-five percent to the
county current expense fund, and twenty-five percent to the county
current expense fund to fund local courts.
Sec. 5 RCW 3.62.040 and 2004 c 15 s 8 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) Except as provided in RCW 10.99.080, the city treasurer shall
remit monthly thirty-two percent of the noninterest 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)) in the state
general fund.
(3) The balance of the noninterest 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.
(5) Penalties, fines, bail forfeitures, fees, and costs may accrue
interest at the rate of twelve percent per annum, upon assignment to a
collection agency. Interest may accrue only while the case is in
collection status.
(6) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent to the
state treasurer for deposit in the ((public safety and education
account as provided in RCW 43.08.250)) state general fund, twenty-five
percent to the state treasurer for deposit in the judicial information
system account as provided in RCW 2.68.020, twenty-five percent to the
city general fund, and twenty-five percent to the city general fund to
fund local courts.
Sec. 6 RCW 7.68.030 and 1989 1st ex.s. c 5 s 2 are each amended
to read as follows:
It shall be the duty of the director to establish and administer a
program of benefits to innocent victims of criminal acts within the
terms and limitations of this chapter. In so doing, the director
shall, in accordance with chapter 34.05 RCW, adopt rules and
regulations necessary to the administration of this chapter, and the
provisions contained in chapter 51.04 RCW, including but not limited to
RCW 51.04.020, 51.04.030, 51.04.040, 51.04.050 and 51.04.100 as now or
hereafter amended, shall apply where appropriate in keeping with the
intent of this chapter. The director may apply for and, subject to
appropriation, expend federal funds under Public Law 98-473 and any
other federal program providing financial assistance to state crime
victim compensation programs. The federal funds shall be deposited in
the ((public safety and education account in the)) state general fund
and may be expended only for purposes authorized by applicable federal
law.
Sec. 7 RCW 7.68.035 and 2000 c 71 s 3 are each amended to read as
follows:
(1)(a) When any person is found guilty in any superior court of
having committed a crime, except as provided in subsection (2) of this
section, there shall be imposed by the court upon such convicted person
a penalty assessment. The assessment shall be in addition to any other
penalty or fine imposed by law and shall be five hundred dollars for
each case or cause of action that includes one or more convictions of
a felony or gross misdemeanor and two hundred fifty dollars for any
case or cause of action that includes convictions of only one or more
misdemeanors.
(b) When any juvenile is adjudicated of any offense in any juvenile
offense disposition under Title 13 RCW, except as provided in
subsection (2) of this section, there shall be imposed upon the
juvenile offender a penalty assessment. The assessment shall be in
addition to any other penalty or fine imposed by law and shall be one
hundred dollars for each case or cause of action that includes one or
more adjudications for a felony or gross misdemeanor and seventy-five
dollars for each case or cause of action that includes adjudications of
only one or more misdemeanors.
(2) The assessment imposed by subsection (1) of this section shall
not apply to motor vehicle crimes defined in Title 46 RCW except those
defined in the following sections: RCW 46.61.520, 46.61.522,
46.61.024, 46.52.090, 46.70.140, 46.61.502, 46.61.504, 46.52.101,
46.20.410, 46.52.020, 46.10.130, 46.09.130, 46.61.5249, 46.61.525,
46.61.685, 46.61.530, 46.61.500, 46.61.015, 46.52.010, 46.44.180,
46.10.090(2), and 46.09.120(2).
(3) When any person accused of having committed a crime posts bail
in superior court pursuant to the provisions of chapter 10.19 RCW and
such bail is forfeited, there shall be deducted from the proceeds of
such forfeited bail a penalty assessment, in addition to any other
penalty or fine imposed by law, equal to the assessment which would be
applicable under subsection (1) of this section if the person had been
convicted of the crime.
(4) Such penalty assessments shall be paid by the clerk of the
superior court to the county treasurer who shall monthly transmit the
money as provided in RCW 10.82.070. Each county shall deposit fifty
percent of the money it receives per case or cause of action under
subsection (1) of this section and retains under RCW 10.82.070, not
less than one and seventy-five one-hundredths percent of the remaining
money it retains under RCW 10.82.070 and the money it retains under
chapter 3.62 RCW, and all money it receives under subsection (7) of
this section into a fund maintained exclusively for the support of
comprehensive programs to encourage and facilitate testimony by the
victims of crimes and witnesses to crimes. A program shall be
considered "comprehensive" only after approval of the department upon
application by the county prosecuting attorney. The department shall
approve as comprehensive only programs which:
(a) Provide comprehensive services to victims and witnesses of all
types of crime with particular emphasis on serious crimes against
persons and property. It is the intent of the legislature to make
funds available only to programs which do not restrict services to
victims or witnesses of a particular type or types of crime and that
such funds supplement, not supplant, existing local funding levels;
(b) Are administered by the county prosecuting attorney either
directly through the prosecuting attorney's office or by contract
between the county and agencies providing services to victims of crime;
(c) Make a reasonable effort to inform the known victim or his
surviving dependents of the existence of this chapter and the procedure
for making application for benefits;
(d) Assist victims in the restitution and adjudication process; and
(e) Assist victims of violent crimes in the preparation and
presentation of their claims to the department of labor and industries
under this chapter.
Before a program in any county west of the Cascade mountains is
submitted to the department for approval, it shall be submitted for
review and comment to each city within the county with a population of
more than one hundred fifty thousand. The department will consider if
the county's proposed comprehensive plan meets the needs of crime
victims in cases adjudicated in municipal, district or superior courts
and of crime victims located within the city and county.
(5) Upon submission to the department of a letter of intent to
adopt a comprehensive program, the prosecuting attorney shall retain
the money deposited by the county under subsection (4) of this section
until such time as the county prosecuting attorney has obtained
approval of a program from the department. Approval of the
comprehensive plan by the department must be obtained within one year
of the date of the letter of intent to adopt a comprehensive program.
The county prosecuting attorney shall not make any expenditures from
the money deposited under subsection (4) of this section until approval
of a comprehensive plan by the department. If a county prosecuting
attorney has failed to obtain approval of a program from the department
under subsection (4) of this section or failed to obtain approval of a
comprehensive program within one year after submission of a letter of
intent under this section, the county treasurer shall monthly transmit
one hundred percent of the money deposited by the county under
subsection (4) of this section to the state treasurer for deposit in
the ((public safety and education account established under RCW
43.08.250)) state general fund.
(6) County prosecuting attorneys are responsible to make every
reasonable effort to insure that the penalty assessments of this
chapter are imposed and collected.
(7) Every city and town shall transmit monthly one and seventy-five
one-hundredths percent of all money, other than money received for
parking infractions, retained under RCW ((3.46.120,)) 3.50.100((,)) and
35.20.220 to the county treasurer for deposit as provided in subsection
(4) of this section.
Sec. 8 RCW 7.68.085 and 1990 c 3 s 504 are each amended to read
as follows:
The director of labor and industries shall institute a cap on
medical benefits of one hundred fifty thousand dollars per injury or
death. Payment for medical services in excess of the cap shall be made
available to any innocent victim under the same conditions as other
medical services and if the medical services are:
(1) Necessary for a previously accepted condition;
(2) Necessary to protect the victim's life or prevent deterioration
of the victim's previously accepted condition; and
(3) Not available from an alternative source.
((The director of financial management and the director of labor
and industries shall monitor expenditures from the public safety and
education account. Once each fiscal quarter, the director of financial
management shall determine if expenditures from the public safety and
education account during the prior fiscal quarter exceeded allotments
by more than ten percent. Within thirty days of a determination that
expenditures exceeded allotments by more than ten percent, the director
of financial management shall develop and implement a plan to reduce
expenditures from the account to a level that does not exceed the
allotments. Such a plan may include across-the-board reductions in
allotments from the account to all nonjudicial agencies except for the
crime victims compensation program. In implementing the plan, the
director of financial management shall seek the cooperation of judicial
agencies in reducing their expenditures from the account. The director
of financial management shall notify the legislative fiscal committees
prior to implementation of the plan.))
Development and implementation of the plan is not required if the
director of financial management notifies the legislative fiscal
committees that increases in the official revenue forecast for the
public safety and education account for that fiscal quarter will
eliminate the need to reduce expenditures from the account. The
official revenue forecast for the public safety and education account
shall be prepared by the economic and revenue forecast council pursuant
to RCW 82.33.020 and 82.33.010.
For the purposes of this section, an individual will not be
required to use his or her assets other than funds recovered as a
result of a civil action or criminal restitution, for medical expenses
or pain and suffering, in order to qualify for an alternative source of
payment.
((The director shall, in cooperation with the department of social
and health services, establish by October 1, 1989, a process to aid
crime victims in identifying and applying for appropriate alternative
benefit programs, if any, administered by the department of social and
health services.))
Sec. 9 RCW 9A.82.110 and 2001 c 222 s 15 are each amended to read
as follows:
(1) ((Any payments or forfeiture to the state general fund ordered
under RCW 9A.82.100 (4) or (5) shall be deposited in the public safety
and education account.)) In an action brought by the attorney general on behalf of the
state under RCW 9A.82.100(1)(b)(i) in which the state prevails, any
payments ordered in excess of the actual damages sustained shall be
deposited in the ((
(2)public safety and education account)) state general
fund.
(((3) It is the intent of the legislature that the money deposited
in the public safety and education account pursuant to this chapter be
appropriated to promote crime victims' compensation.)) (2)(a) The county legislative authority may establish an
antiprofiteering revolving fund to be administered by the county
prosecuting attorney under the conditions and for the purposes provided
by this subsection. Disbursements from the fund shall be on
authorization of the county prosecuting attorney. No appropriation is
required for disbursements.
(4)
(b) Any prosecution and investigation costs, including attorney's
fees, recovered for the state by the county prosecuting attorney as a
result of enforcement of civil and criminal statutes pertaining to any
offense included in the definition of criminal profiteering, whether by
final judgment, settlement, or otherwise, shall be deposited, as
directed by a court of competent jurisdiction, in the fund established
by this subsection. In an action brought by a prosecuting attorney on
behalf of the county under RCW 9A.82.100(1)(b)(i) in which the county
prevails, any payments ordered in excess of the actual damages
sustained shall be deposited in the ((public safety and education
account in the)) state general fund.
(c) The county legislative authority may prescribe a maximum level
of moneys in the antiprofiteering revolving fund. Moneys exceeding the
prescribed maximum shall be transferred to the county current expense
fund.
(d) The moneys in the fund shall be used by the county prosecuting
attorney for the investigation and prosecution of any offense, within
the jurisdiction of the county prosecuting attorney, included in the
definition of criminal profiteering, including civil enforcement.
(e) If a county has not established an antiprofiteering revolving
fund, any payments or forfeitures ordered to the county under this
chapter shall be deposited to the county current expense fund.
Sec. 10 RCW 9.68A.120 and 1999 c 143 s 8 are each amended to read
as follows:
The following are subject to seizure and forfeiture:
(1) All visual or printed matter that depicts a minor engaged in
sexually explicit conduct.
(2) All raw materials, equipment, and other tangible personal
property of any kind used or intended to be used to manufacture or
process any visual or printed matter that depicts a minor engaged in
sexually explicit conduct, and all conveyances, including aircraft,
vehicles, or vessels that are used or intended for use to transport, or
in any manner to facilitate the transportation of, visual or printed
matter in violation of RCW 9.68A.050 or 9.68A.060, but:
(a) No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture
under this section unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy to a violation
of this chapter;
(b) No property is subject to forfeiture under this section by
reason of any act or omission established by the owner of the property
to have been committed or omitted without the owner's knowledge or
consent;
(c) A forfeiture of property encumbered by a bona fide security
interest is subject to the interest of the secured party if the secured
party neither had knowledge of nor consented to the act or omission;
and
(d) When the owner of a conveyance has been arrested under this
chapter the conveyance may not be subject to forfeiture unless it is
seized or process is issued for its seizure within ten days of the
owner's arrest.
(3) All personal property, moneys, negotiable instruments,
securities, or other tangible or intangible property furnished or
intended to be furnished by any person in exchange for visual or
printed matter depicting a minor engaged in sexually explicit conduct,
or constituting proceeds traceable to any violation of this chapter.
(4) Property subject to forfeiture under this chapter may be seized
by any law enforcement officer of this state upon process issued by any
superior court having jurisdiction over the property. Seizure without
process may be made if:
(a) The seizure is incident to an arrest or a search under a search
warrant or an inspection under an administrative inspection warrant;
(b) The property subject to seizure has been the subject of a prior
judgment in favor of the state in a criminal injunction or forfeiture
proceeding based upon this chapter;
(c) A law enforcement officer has probable cause to believe that
the property is directly or indirectly dangerous to health or safety;
or
(d) The law enforcement officer has probable cause to believe that
the property was used or is intended to be used in violation of this
chapter.
(5) In the event of seizure under subsection (4) of this section,
proceedings for forfeiture shall be deemed commenced by the seizure.
The law enforcement agency under whose authority the seizure was made
shall cause notice to be served within fifteen days following the
seizure on the owner of the property seized and the person in charge
thereof and any person having any known right or interest therein, of
the seizure and intended forfeiture of the seized property. The notice
may be served by any method authorized by law or court rule including
but not limited to service by certified mail with return receipt
requested. Service by mail shall be deemed complete upon mailing
within the fifteen day period following the seizure.
(6) If no person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
seized items within forty-five days of the seizure, the item seized
shall be deemed forfeited.
(7) If any person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
seized items within forty-five days of the seizure, the person or
persons shall be afforded a reasonable opportunity to be heard as to
the claim or right. The hearing shall be before an administrative law
judge appointed under chapter 34.12 RCW, except that any person
asserting a claim or right may remove the matter to a court of
competent jurisdiction if the aggregate value of the article or
articles involved is more than five hundred dollars. The hearing
before an administrative law judge and any appeal therefrom shall be
under Title 34 RCW. In a court hearing between two or more claimants
to the article or articles involved, the prevailing party shall be
entitled to a judgment for costs and reasonable attorney's fees. The
burden of producing evidence shall be upon the person claiming to be
the lawful owner or the person claiming to have the lawful right to
possession of the seized items. The seizing law enforcement agency
shall promptly return the article or articles to the claimant upon a
determination by the administrative law judge or court that the
claimant is lawfully entitled to possession thereof of the seized
items.
(8) If property is sought to be forfeited on the ground that it
constitutes proceeds traceable to a violation of this chapter, the
seizing law enforcement agency must prove by a preponderance of the
evidence that the property constitutes proceeds traceable to a
violation of this chapter.
(9) When property is forfeited under this chapter the seizing law
enforcement agency may:
(a) Retain it for official use or upon application by any law
enforcement agency of this state release the property to that agency
for the exclusive use of enforcing this chapter;
(b) Sell that which is not required to be destroyed by law and
which is not harmful to the public. The proceeds and all moneys
forfeited under this chapter shall be used for payment of all proper
expenses of the investigation leading to the seizure, including any
money delivered to the subject of the investigation by the law
enforcement agency, and of the proceedings for forfeiture and sale,
including expenses of seizure, maintenance of custody, advertising,
actual costs of the prosecuting or city attorney, and court costs.
Fifty percent of the money remaining after payment of these expenses
shall be deposited in the ((public safety and education account
established under RCW 43.08.250)) state general fund and fifty percent
shall be deposited in the general fund of the state, county, or city of
the seizing law enforcement agency; or
(c) Request the appropriate sheriff or director of public safety to
take custody of the property and remove it for disposition in
accordance with law.
Sec. 11 RCW 10.82.090 and 2004 c 121 s 1 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, financial
obligations imposed in a judgment shall bear interest from the date of
the judgment until payment, at the rate applicable to civil judgments.
All nonrestitution interest retained by the court shall be split
twenty-five percent to the state treasurer for deposit in the ((public
safety and education account as provided in RCW 43.08.250)) state
general fund, twenty-five percent to the state treasurer for deposit in
the judicial information system account as provided in RCW 2.68.020,
twenty-five percent to the county current expense fund, and twenty-five
percent to the county current expense fund to fund local courts.
(2) The court may, on motion by the offender, following the
offender's release from total confinement, reduce or waive the interest
on legal financial obligations levied as a result of a criminal
conviction. The court may reduce or waive the interest only as an
incentive for the offender to meet his or her legal financial
obligations. The court may not waive the interest on the restitution
portion of the legal financial obligation and may only reduce the
interest on the restitution portion of the legal financial obligation
if the principal of the restitution has been paid in full. The
offender must show that he or she has personally made a good faith
effort to pay, that the interest accrual is causing a significant
hardship, and that he or she will be unable to pay the principal and
interest in full and that reduction or waiver of the interest will
likely enable the offender to pay the full principal and any remaining
interest thereon. For purposes of this section, "good faith effort"
means that the offender has either (a) paid the principal amount in
full; or (b) made twenty-four consecutive monthly payments, excluding
any payments mandatorily deducted by the department of corrections, on
his or her legal financial obligations under his or her payment
agreement with the court. The court may grant the motion, establish a
payment schedule, and retain jurisdiction over the offender for
purposes of reviewing and revising the reduction or waiver of interest.
This section applies to persons convicted as adults or in juvenile
court.
Sec. 12 RCW 10.105.010 and 1993 c 288 s 2 are each amended to
read as follows:
(1) The following are subject to seizure and forfeiture and no
property right exists in them: All personal property, including, but
not limited to, any item, object, tool, substance, device, weapon,
machine, vehicle of any kind, money, security, or negotiable
instrument, which has been or was actually employed as an
instrumentality in the commission of, or in aiding or abetting in the
commission of any felony, or which was furnished or was intended to be
furnished by any person in the commission of, as a result of, or as
compensation for the commission of, any felony, or which was acquired
in whole or in part with proceeds traceable to the commission of a
felony. No property may be forfeited under this section until after
there has been a superior court conviction of the owner of the property
for the felony in connection with which the property was employed,
furnished, or acquired.
A forfeiture of property encumbered by a bona fide security
interest is subject to the interest of the secured party if at the time
the security interest was created, the secured party neither had
knowledge of nor consented to the commission of the felony.
(2) Personal property subject to forfeiture under this chapter may
be seized by any law enforcement officer of this state upon process
issued by any superior court having jurisdiction over the property.
Seizure of personal property without process may be made if:
(a) The seizure is incident to an arrest or a search under a search
warrant;
(b) The property subject to seizure has been the subject of a prior
judgment in favor of the state in a criminal injunction or forfeiture
proceeding;
(c) A law enforcement officer has probable cause to believe that
the property is directly dangerous to health or safety; or
(d) The law enforcement officer has probable cause to believe that
the property was used or is intended to be used in the commission of a
felony.
(3) In the event of seizure pursuant to this section, proceedings
for forfeiture shall be deemed commenced by the seizure. The law
enforcement agency under whose authority the seizure was made shall
cause notice to be served within fifteen days following the seizure on
the owner of the property seized and the person in charge thereof and
any person having any known right or interest therein, including any
community property interest, of the seizure and intended forfeiture of
the seized property. The notice of seizure may be served by any method
authorized by law or court rule including but not limited to service by
certified mail with return receipt requested. Service by mail shall be
deemed complete upon mailing within the fifteen day period following
the seizure. Notice of seizure in the case of property subject to a
security interest that has been perfected by filing a financing
statement in accordance with chapter ((62A.9)) 62A.9A RCW, or a
certificate of title shall be made by service upon the secured party or
the secured party's assignee at the address shown on the financing
statement or the certificate of title.
(4) If no person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
items specified in subsection (1) of this section within forty-five
days of the seizure, the item seized shall be deemed forfeited.
(5) If a person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
the seized property within forty-five days of the seizure, the law
enforcement agency shall give the person or persons a reasonable
opportunity to be heard as to the claim or right. The hearing shall be
before the chief law enforcement officer of the seizing agency or the
chief law enforcement officer's designee, except where the seizing
agency is a state agency as defined in RCW 34.12.020(4), the hearing
shall be before the chief law enforcement officer of the seizing agency
or an administrative law judge appointed under chapter 34.12 RCW,
except that any person asserting a claim or right may remove the matter
to a court of competent jurisdiction. Removal may only be accomplished
according to the rules of civil procedure. The person seeking removal
of the matter must serve process against the state, county, political
subdivision, or municipality that operates the seizing agency, and any
other party of interest, in accordance with RCW 4.28.080 or 4.92.020,
within forty-five days after the person seeking removal has notified
the seizing law enforcement agency of the person's claim of ownership
or right to possession. The court to which the matter is to be removed
shall be the district court when the aggregate value of the property is
within the jurisdictional limit set forth in RCW 3.66.020. A hearing
before the seizing agency and any appeal therefrom shall be under Title
34 RCW. In a court hearing between two or more claimants to the
property involved, the prevailing party shall be entitled to a judgment
for costs and reasonable attorney's fees. The burden of producing
evidence shall be upon the person claiming to be the lawful owner or
the person claiming to have the lawful right to possession of the
property. The seizing law enforcement agency shall promptly return the
property to the claimant upon a determination by the administrative law
judge or court that the claimant is the present lawful owner or is
lawfully entitled to possession of the property.
(6) When property is forfeited under this chapter, after satisfying
any court-ordered victim restitution, the seizing law enforcement
agency may:
(a) Retain it for official use or upon application by any law
enforcement agency of this state release such property to such agency
for the exclusive use of enforcing the criminal law;
(b) Sell that which is not required to be destroyed by law and
which is not harmful to the public.
(7) By January 31st of each year, each seizing agency shall remit
to the state treasurer an amount equal to ten percent of the net
proceeds of any property forfeited during the preceding calendar year.
Money remitted shall be deposited in the ((public safety and education
account)) state general fund.
(a) The net proceeds of forfeited property is the value of the
forfeitable interest in the property after deducting the cost of
satisfying any bona fide security interest to which the property is
subject at the time of seizure; and in the case of sold property, after
deducting the cost of sale, including reasonable fees or commissions
paid to independent selling agents.
(b) The value of sold forfeited property is the sale price. The
value of retained forfeited property is the fair market value of the
property at the time of seizure, determined when possible by reference
to an applicable commonly used index, such as the index used by the
department of licensing for valuation of motor vehicles. A seizing
agency may use, but need not use, an independent qualified appraiser to
determine the value of retained property. If an appraiser is used, the
value of the property appraised is net of the cost of the appraisal.
The value of destroyed property and retained firearms or illegal
property is zero.
(c) Retained property and net proceeds not required to be paid to
the state treasurer, or otherwise required to be spent under this
section, shall be retained by the seizing law enforcement agency
exclusively for the expansion and improvement of law enforcement
activity. Money retained under this section may not be used to
supplant preexisting funding sources.
Sec. 13 RCW 28A.150.380 and 2001 c 3 s 10 are each amended to
read as follows:
(1) The state legislature shall, at each regular session in an odd-numbered year, appropriate from the state general fund for the current
use of the common schools such amounts as needed for state support to
the common schools during the ensuing biennium as provided in this
chapter, RCW 28A.160.150 through 28A.160.210, 28A.300.170, and
28A.500.010.
(2) The state legislature shall also, at each regular session in an
odd-numbered year, appropriate from the ((student achievement fund
and)) education construction fund solely for the purposes of and in
accordance with the provisions of the student achievement act during
the ensuing biennium.
Sec. 14 RCW 28A.505.210 and 2005 c 497 s 105 are each amended to
read as follows:
School districts shall have the authority to decide the best use of
((student achievement)) funds distributed under RCW 28A.505.220 to
assist students in meeting and exceeding the new, higher academic
standards in each district consistent with the provisions of chapter 3,
Laws of 2001.
(1) ((Student achievement)) Funds shall be allocated for the
following uses:
(a) To reduce class size by hiring certificated elementary
classroom teachers in grades K-4 and paying nonemployee-related costs
associated with those new teachers;
(b) To make selected reductions in class size in grades 5-12, such
as small high school writing classes;
(c) To provide extended learning opportunities to improve student
academic achievement in grades K-12, including, but not limited to,
extended school year, extended school day, before-and-after-school
programs, special tutoring programs, weekend school programs, summer
school, and all-day kindergarten;
(d) To provide additional professional development for educators,
including additional paid time for curriculum and lesson redesign and
alignment, training to ensure that instruction is aligned with state
standards and student needs, reimbursement for higher education costs
related to enhancing teaching skills and knowledge, and mentoring
programs to match teachers with skilled, master teachers. The funding
shall not be used for salary increases or additional compensation for
existing teaching duties, but may be used for extended year and
extended day teaching contracts;
(e) To provide early assistance for children who need
prekindergarten support in order to be successful in school;
(f) To provide improvements or additions to school building
facilities which are directly related to the class size reductions and
extended learning opportunities under (a) through (c) of this
subsection.
(2) Annually on or before May 1st, the school district board of
directors shall meet at the time and place designated for the purpose
of a public hearing on the proposed use of these funds to improve
student achievement for the coming year. Any person may appear or by
written submission have the opportunity to comment on the proposed plan
for the use of these funds. No later than August 31st, as a part of
the process under RCW 28A.505.060, each school district shall adopt a
plan for the use of these funds for the upcoming school year.
Annually, each school district shall provide to the citizens of their
district a public accounting of the funds made available to the
district during the previous school year under chapter 3, Laws of 2001,
how the funds were used, and the progress the district has made in
increasing student achievement, as measured by required state
assessments and other assessments deemed appropriate by the district.
Copies of this report shall be provided to the superintendent of public
instruction.
Sec. 15 RCW 28A.505.220 and 2008 c 170 s 401 are each amended to
read as follows:
(1) Total distributions from the ((student achievement)) general
fund to each school district shall be based upon the average number of
full-time equivalent students in the school district during the
previous school year as reported to the office of the superintendent of
public instruction by August 31st of the previous school year. The
superintendent of public instruction shall ensure that moneys generated
by skill center students are returned to skill centers.
(2) The allocation rate per full-time equivalent student shall be
three hundred dollars in the 2005-06 school year, three hundred
seventy-five dollars in the 2006-07 school year, and four hundred fifty
dollars in the 2007-08 school year. For each subsequent school year,
the amount allocated per full-time equivalent student shall be adjusted
for inflation as defined in RCW 43.135.025(8). These allocations per
full-time equivalent student ((from the student achievement fund))
shall be supported from the ((following sources:)) general fund.
(a) Distributions from state property tax proceeds deposited into
the student achievement fund under RCW 84.52.068; and
(b) Distributions from the education legacy trust account created
in RCW 83.100.230.
(3) Any funds deposited in the student achievement fund under RCW
43.135.045 shall be allocated to school districts on a one-time basis
using a rate per full-time equivalent student. These funds are
provided in addition to any amounts allocated in subsection (2) of this
section
(((4))) (3) The school district annual amounts as defined in
subsection (2) of this section shall be distributed on the monthly
apportionment schedule as defined in RCW 28A.510.250.
Sec. 16 RCW 35.20.220 and 2004 c 15 s 9 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)) the court((; he)).
The chief clerk or a deputy shall be present ((by himself or deputy))
during the session of ((said)) the court((,)) and ((shall have)) has
the power to swear all witnesses and jurors, ((and)) administer oaths
and affidavits, and take acknowledgments. ((He)) The chief clerk shall
keep the records of ((said)) the court((,)) and shall issue all process
under his or her hand and the seal of ((said)) the court((, and)). The
chief clerk shall do and perform all things and have the same powers
pertaining to ((his)) the office as the clerks of the superior courts
have in their office. He or she shall receive all fines, penalties,
and fees of every kind((,)) and keep a full, accurate, and detailed
account of the same((; and)). The chief clerk shall on each day pay
into the city treasury all money received for ((said)) the city during
the day previous, with a detailed account of the same, and taking the
treasurer's receipt therefor.
(2) Except as provided in RCW 10.99.080, the city treasurer shall
remit monthly thirty-two percent of the noninterest 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)) in the state
general fund.
(3) The balance of the noninterest money received under this
section shall be retained by the city and deposited as provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may accrue
interest at the rate of twelve percent per annum, upon assignment to a
collection agency. Interest may accrue only while the case is in
collection status.
(5) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent to the
state treasurer for deposit in the ((public safety and education
account as provided in RCW 43.08.250)) state general fund, twenty-five
percent to the state treasurer for deposit in the judicial information
system account as provided in RCW 2.68.020, twenty-five percent to the
city general fund, and twenty-five percent to the city general fund to
fund local courts.
Sec. 17 RCW 36.18.012 and 2006 c 192 s 1 are each amended to read
as follows:
(1) Revenue collected under this section is subject to division
with the state ((for deposit in the public safety and education account
under RCW 36.18.025)).
(2) 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 twenty dollars.
(3) The clerk shall collect a fee of twenty dollars for: Filing a
paper not related to or a part of a proceeding, civil or criminal, or
a probate matter, required or permitted to be filed in the clerk's
office for which no other charge is provided by law.
(4) 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 before proceeding with the unlawful detainer action one
hundred twelve dollars.
(5) Any party filing a counterclaim, cross-claim, or third-party
claim in an unlawful detainer action under chapter 59.18 or 59.20 RCW
shall pay the equivalent to the total filing fee of an unlawful
detainer action pursuant to RCW 36.18.020, including the fee for an
unlawful detainer answer pursuant to subsection (4) of this section.
(6) For a restrictive covenant for filing a petition to strike
discriminatory provisions in real estate under RCW 49.60.227 a fee of
twenty dollars must be charged.
(7) A fee of twenty dollars must be charged for filing a will only,
when no probate of the will is contemplated.
(8) A fee of twenty dollars must be charged for filing a petition,
written agreement, or written memorandum in a nonjudicial probate
dispute under RCW 11.96A.220, if it is filed within an existing case in
the same court.
(9) A fee of thirty-five dollars must be charged for filing a
petition regarding a common law lien under RCW 60.70.060.
(10) For the filing of a tax warrant for unpaid taxes or
overpayment of benefits by any agency of the state of Washington, a fee
of five dollars on or after July 22, 2001, and for the filing of such
a tax warrant or overpayment of benefits on or after July 1, 2003, a
fee of twenty dollars, of which forty-six percent of the first five
dollars is directed to the ((public safety and education account
established under RCW 43.08.250)) state general fund.
Sec. 18 RCW 36.18.020 and 2005 c 457 s 19 and 2005 c 374 s 5 are
each reenacted and amended to read as follows:
(1) Revenue collected under this section is subject to division
with the state ((public safety and education account)) under RCW
36.18.025 and with the county or regional law library fund under RCW
27.24.070.
(2) Clerks of superior courts shall collect the following fees for
their official services:
(a) In addition to any other fee required by law, the party filing
the first or initial paper in any civil action, including, but not
limited to an action for restitution, adoption, or change of name, and
any party filing a counterclaim, cross-claim, or third-party claim in
any such civil action, shall pay, at the time the paper is filed, a fee
of two hundred dollars except, in an unlawful detainer action under
chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case
initiating filing fee of forty-five dollars, or in proceedings filed
under RCW 28A.225.030 alleging a violation of the compulsory attendance
laws where the petitioner shall not pay a filing fee. The forty-five
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.
(b) 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 the
paper is filed, a fee of two hundred dollars.
(c) For filing of a petition for judicial review as required under
RCW 34.05.514 a filing fee of two hundred dollars.
(d) For filing of a petition for unlawful harassment under RCW
10.14.040 a filing fee of fifty-three dollars.
(e) For filing the notice of debt due for the compensation of a
crime victim under RCW 7.68.120(2)(a) a fee of two hundred dollars.
(f) In probate proceedings, the party instituting such proceedings,
shall pay at the time of filing the first paper therein, a fee of two
hundred dollars.
(g) 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
11.96A.220, there shall be paid a fee of two hundred dollars.
(h) 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 two hundred
dollars.
(i) 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.
(3) 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.
Sec. 19 RCW 36.18.025 and 2001 c 146 s 3 are each amended to read
as follows:
Forty-six percent of the money received from filing fees paid
pursuant to RCW 36.18.020, except those collected for the filing of
warrants for unpaid taxes or overpayments by state agencies as outlined
in RCW 36.18.012(10), shall be transmitted by the county treasurer each
month to the state treasurer for deposit in the ((public safety and
education account established under RCW 43.08.250)) state general fund.
Sec. 20 RCW 36.70A.130 and 2006 c 285 s 2 are each amended to
read as follows:
(1)(a) Each comprehensive land use plan and development regulations
shall be subject to continuing review and evaluation by the county or
city that adopted them. Except as otherwise provided, a county or city
shall take legislative action to review and, if needed, revise its
comprehensive land use plan and development regulations to ensure the
plan and regulations comply with the requirements of this chapter
according to the time periods specified in subsection (4) of this
section.
(b) Except as otherwise provided, a county or city not planning
under RCW 36.70A.040 shall take action to review and, if needed, revise
its policies and development regulations regarding critical areas and
natural resource lands adopted according to this chapter to ensure
these policies and regulations comply with the requirements of this
chapter according to the time periods specified in subsection (4) of
this section. Legislative action means the adoption of a resolution or
ordinance following notice and a public hearing indicating at a
minimum, a finding that a review and evaluation has occurred and
identifying the revisions made, or that a revision was not needed and
the reasons therefor.
(c) The review and evaluation required by this subsection may be
combined with the review required by subsection (3) of this section.
The review and evaluation required by this subsection shall include,
but is not limited to, consideration of critical area ordinances and,
if planning under RCW 36.70A.040, an analysis of the population
allocated to a city or county from the most recent ten-year population
forecast by the office of financial management.
(d) Any amendment of or revision to a comprehensive land use plan
shall conform to this chapter. Any amendment of or revision to
development regulations shall be consistent with and implement the
comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate
to the public a public participation program consistent with RCW
36.70A.035 and 36.70A.140 that identifies procedures and schedules
whereby updates, proposed amendments, or revisions of the comprehensive
plan are considered by the governing body of the county or city no more
frequently than once every year. "Updates" means to review and revise,
if needed, according to subsection (1) of this section, and the time
periods specified in subsection (4) of this section or in accordance
with the provisions of subsections (5) and (8) of this section.
Amendments may be considered more frequently than once per year under
the following circumstances:
(i) The initial adoption of a subarea plan that does not modify the
comprehensive plan policies and designations applicable to the subarea;
(ii) The adoption or amendment of a shoreline master program under
the procedures set forth in chapter 90.58 RCW;
(iii) The amendment of the capital facilities element of a
comprehensive plan that occurs concurrently with the adoption or
amendment of a county or city budget;
(iv) Until June 30, 2006, the designation of recreational lands
under RCW 36.70A.1701. A county amending its comprehensive plan
pursuant to this subsection (2)(a)(iv) may not do so more frequently
than every eighteen months; and
(v) The adoption of comprehensive plan amendments necessary to
enact a planned action under RCW 43.21C.031(2), provided that
amendments are considered in accordance with the public participation
program established by the county or city under this subsection (2)(a)
and all persons who have requested notice of a comprehensive plan
update are given notice of the amendments and an opportunity to
comment.
(b) Except as otherwise provided in (a) of this subsection, all
proposals shall be considered by the governing body concurrently so the
cumulative effect of the various proposals can be ascertained.
However, after appropriate public participation a county or city may
adopt amendments or revisions to its comprehensive plan that conform
with this chapter whenever an emergency exists or to resolve an appeal
of a comprehensive plan filed with a growth management hearings board
or with the court.
(3)(a) Each county that designates urban growth areas under RCW
36.70A.110 shall review, at least every ten years, its designated urban
growth area or areas, and the densities permitted within both the
incorporated and unincorporated portions of each urban growth area. In
conjunction with this review by the county, each city located within an
urban growth area shall review the densities permitted within its
boundaries, and the extent to which the urban growth occurring within
the county has located within each city and the unincorporated portions
of the urban growth areas.
(b) The county comprehensive plan designating urban growth areas,
and the densities permitted in the urban growth areas by the
comprehensive plans of the county and each city located within the
urban growth areas, shall be revised to accommodate the urban growth
projected to occur in the county for the succeeding twenty-year period.
The review required by this subsection may be combined with the review
and evaluation required by RCW 36.70A.215.
(4) The department shall establish a schedule for counties and
cities to take action to review and, if needed, revise their
comprehensive plans and development regulations to ensure the plan and
regulations comply with the requirements of this chapter. Except as
provided in subsections (5) and (8) of this section, the schedule
established by the department shall provide for the reviews and
evaluations to be completed as follows:
(a) On or before December 1, 2004, and every seven years
thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce,
Snohomish, Thurston, and Whatcom counties and the cities within those
counties;
(b) On or before December 1, 2005, and every seven years
thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and
Skamania counties and the cities within those counties;
(c) On or before December 1, 2006, and every seven years
thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and
Yakima counties and the cities within those counties; and
(d) On or before December 1, 2007, and every seven years
thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield,
Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille,
Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities
within those counties.
(5)(a) Nothing in this section precludes a county or city from
conducting the review and evaluation required by this section before
the time limits established in subsection (4) of this section.
Counties and cities may begin this process early and may be eligible
for grants from the department, subject to available funding, if they
elect to do so.
(b) A county that is subject to a schedule established by the
department under subsection (4)(b) through (d) of this section and
meets the following criteria may comply with the requirements of this
section at any time within the thirty-six months following the date
established in the applicable schedule: The county has a population of
less than fifty thousand and has had its population increase by no more
than seventeen percent in the ten years preceding the date established
in the applicable schedule as of that date.
(c) A city that is subject to a schedule established by the
department under subsection (4)(b) through (d) of this section and
meets the following criteria may comply with the requirements of this
section at any time within the thirty-six months following the date
established in the applicable schedule: The city has a population of
no more than five thousand and has had its population increase by the
greater of either no more than one hundred persons or no more than
seventeen percent in the ten years preceding the date established in
the applicable schedule as of that date.
(d) State agencies are encouraged to provide technical assistance
to the counties and cities in the review of critical area ordinances,
comprehensive plans, and development regulations.
(6) A county or city subject to the time periods in subsection
(4)(a) of this section that, pursuant to an ordinance adopted by the
county or city establishing a schedule for periodic review of its
comprehensive plan and development regulations, has conducted a review
and evaluation of its comprehensive plan and development regulations
and, on or after January 1, 2001, has taken action in response to that
review and evaluation shall be deemed to have conducted the first
review required by subsection (4)(a) of this section. Subsequent
review and evaluation by the county or city of its comprehensive plan
and development regulations shall be conducted in accordance with the
time periods established under subsection (4)(a) of this section.
(7) The requirements imposed on counties and cities under this
section shall be considered "requirements of this chapter" under the
terms of RCW 36.70A.040(1). Only those counties and cities: (a)
Complying with the schedules in this section; (b) demonstrating
substantial progress towards compliance with the schedules in this
section for development regulations that protect critical areas; or (c)
complying with the extension provisions of subsection (5)(b) or (c) of
this section may receive grants, loans, pledges, or financial
guarantees from ((those accounts)) the account established in RCW
43.155.050 ((and 70.146.030)). A county or city that is fewer than
twelve months out of compliance with the schedules in this section for
development regulations that protect critical areas is making
substantial progress towards compliance. Only those counties and
cities in compliance with the schedules in this section may receive
preference for grants or loans subject to the provisions of RCW
43.17.250.
(8) Except as provided in subsection (5)(b) and (c) of this
section:
(a) Counties and cities required to satisfy the requirements of
this section according to the schedule established by subsection (4)(b)
through (d) of this section may comply with the requirements of this
section for development regulations that protect critical areas one
year after the dates established in subsection (4)(b) through (d) of
this section;
(b) Counties and cities complying with the requirements of this
section one year after the dates established in subsection (4)(b)
through (d) of this section for development regulations that protect
critical areas shall be deemed in compliance with the requirements of
this section; and
(c) This subsection (8) applies only to the counties and cities
specified in subsection (4)(b) through (d) of this section, and only to
the requirements of this section for development regulations that
protect critical areas that must be satisfied by December 1, 2005,
December 1, 2006, and December 1, 2007.
(9) Notwithstanding subsection (8) of this section and the
substantial progress provisions of subsections (7) and (10) of this
section, only those counties and cities complying with the schedule in
subsection (4) of this section, or the extension provisions of
subsection (5)(b) or (c) of this section, may receive preferences for
grants, loans, pledges, or financial guarantees from ((those accounts))
the account established in RCW 43.155.050 ((and 70.146.030)).
(10) Until December 1, 2005, and notwithstanding subsection (7) of
this section, a county or city subject to the time periods in
subsection (4)(a) of this section demonstrating substantial progress
towards compliance with the schedules in this section for its
comprehensive land use plan and development regulations may receive
grants, loans, pledges, or financial guarantees from ((those accounts))
the account established in RCW 43.155.050 ((and 70.146.030)). A county
or city that is fewer than twelve months out of compliance with the
schedules in this section for its comprehensive land use plan and
development regulations is deemed to be making substantial progress
towards compliance.
Sec. 21 RCW 39.42.070 and 2007 c 215 s 2 are each amended to read
as follows:
(1) On or after the effective date of this act, the treasurer shall
compute general state revenues for the three fiscal years immediately
preceding such date and shall determine the arithmetic mean thereof.
As soon as is practicable after the close of each fiscal year
thereafter, he or she shall do likewise. In determining the amount of
general state revenues, the treasurer shall include all state money
received in the treasury from each and every source whatsoever except:
(a) Fees and revenues derived from the ownership or operation of any
undertaking, facility or project; (b) moneys received as gifts, grants,
donations, aid or assistance or otherwise from the United States or any
department, bureau or corporation thereof, or any person, firm or
corporation, public or private, when the terms and conditions of such
gift, grant, donation, aid or assistance require the application and
disbursement of such moneys otherwise than for the general purposes of
the state of Washington; (c) moneys to be paid into and received from
retirement system funds, and performance bonds and deposits; (d) moneys
to be paid into and received from trust funds including but not limited
to moneys received from taxes levied for specific purposes and the
several permanent funds of the state and the moneys derived therefrom
but excluding bond redemption funds; (e) proceeds received from the
sale of bonds or other evidences of indebtedness. Upon computing
general state revenues, the treasurer shall make and file in the office
of the secretary of state, a certificate containing the results of such
computations. Copies of said certificate shall be sent to each elected
official of the state and each member of the legislature. The
treasurer shall, at the same time, advise each elected official and
each member of the legislature of the current available debt capacity
of the state, and may make estimated projections for one or more years
concerning debt capacity.
(2) For purposes of this chapter, general state revenues shall also
include revenues that are deposited in the general fund under RCW
82.45.180(2), lottery revenues as provided in RCW 67.70.240(3),
revenues paid into the general fund under RCW 84.52.067((, and revenues
deposited into the student achievement fund and distributed to school
districts as provided in RCW 84.52.068)).
Sec. 22 RCW 41.05.068 and 2005 c 195 s 2 are each amended to read
as follows:
The authority may participate as an employer-sponsored program
established in section 1860D-22 of the medicare prescription drug,
improvement, and modernization act of 2003, P.L. 108-173 et seq., to
receive federal employer subsidy funds for continuing to provide
retired employee health coverage, including a pharmacy benefit. The
administrator, in consultation with the office of financial management,
shall evaluate participation in the employer incentive program,
including but not limited to any necessary program changes to meet the
eligibility requirements that employer-sponsored retiree health
coverage provide prescription drug coverage at least equal to the
actuarial value of standard prescription drug coverage under medicare
part D. Any employer subsidy moneys received from participation in the
federal employer incentive program shall be deposited in the ((health
services account established in RCW 43.72.900)) state general fund.
NEW SECTION. Sec. 23 The following acts or parts of acts are
each repealed:
(1) RCW 41.45.230 (Pension funding stabilization account -- Creation)
and 2008 c 329 s 910 & 2006 c 56 s 1; and
(2) RCW 41.45.233 (Pension funding stabilization account -- State
investment board) and 2006 c 56 s 2.
Sec. 24 RCW 43.08.250 and 2008 c 329 s 913 are each amended to
read as follows:
(1) The money received by the state treasurer from fees, fines,
forfeitures, penalties, reimbursements or assessments by any court
organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be
deposited in the ((public safety and education account which is hereby
created in the state treasury. The legislature shall appropriate the
funds in the account to promote traffic safety education, highway
safety, criminal justice training, crime victims' compensation,
judicial education, the judicial information system, civil
representation of indigent persons under RCW 2.53.030, winter
recreation parking, drug court operations, and state game programs.
Through the fiscal biennium ending June 30, 2009, the legislature may
appropriate moneys from the public safety and education account for
purposes of appellate indigent defense and other operations of the
office of public defense, the criminal litigation unit of the attorney
general's office, the treatment alternatives to street crimes program,
crime victims advocacy programs, justice information network
telecommunication planning, treatment for supplemental security income
clients, sexual assault treatment, operations of the administrative
office of the courts, security in the common schools, alternative
school start-up grants, programs for disruptive students, criminal
justice data collection, Washington state patrol criminal justice
activities, drug court operations, unified family courts, local court
backlog assistance, financial assistance to local jurisdictions for
extraordinary costs incurred in the adjudication of criminal cases,
domestic violence treatment and related services, the department of
corrections' costs in implementing chapter 196, Laws of 1999,
reimbursement of local governments for costs associated with
implementing criminal and civil justice legislation, the replacement of
the department of corrections' offender-based tracking system, secure
and semi-secure crisis residential centers, HOPE beds, the family
policy council and community public health and safety networks, the
street youth program, public notification about registered sex
offenders, and narcotics or methamphetamine-related enforcement,
education, training, and drug and alcohol treatment services. During
the 2007-2009 fiscal biennium, the legislature may transfer from the
public safety and education account to the state general fund such
amounts as to reflect the excess fund balance of the fund)) state
general fund.
(2)(((a) The equal justice subaccount is created as a subaccount of
the public safety and education account.)) The money received by the
state treasurer from the increase in fees imposed by sections 9, 10,
12, 13, 14, 17, and 19, chapter 457, Laws of 2005 shall be deposited in
the ((equal justice subaccount and shall be appropriated only for:)) state general fund.
(i) Criminal indigent defense assistance and enhancement at the
trial court level, including a criminal indigent defense pilot program;
(ii) Representation of parents in dependency and termination
proceedings;
(iii) Civil legal representation of indigent persons; and
(iv) Contribution to district court judges' salaries and to
eligible elected municipal court judges' salaries.
(b) For the 2005-07 fiscal biennium, an amount equal to twenty-five
percent of revenues to the equal justice subaccount, less one million
dollars, shall be appropriated from the equal justice subaccount to the
administrator for the courts for purposes of (a)(iv) of this
subsection. For the 2007-09 fiscal biennium and subsequent fiscal
biennia, an amount equal to fifty percent of revenues to the equal
justice subaccount shall be appropriated from the equal justice
subaccount to the administrator for the courts for the purposes of
(a)(iv) of this subsection
Sec. 25 RCW 43.17.150 and 1986 c 246 s 1 are each amended to read
as follows:
(1) Each state agency is authorized to receive property or money
made available by the attorney general of the United States under
section 881(e) of Title 21 of the United States Code and, except as
required to the contrary under subsection (2) of this section, to use
the property or spend the money for such purposes as are permitted
under both federal law and the state law specifying the powers and
duties of the agency.
(2) Unless precluded by federal law, all funds received by a state
agency under section 881(e) of Title 21 of the United States Code shall
be promptly deposited into the ((public safety and education account
established in RCW 43.08.250)) state general fund.
Sec. 26 RCW 43.41.260 and 1995 c 265 s 21 are each amended to
read as follows:
The health care authority, the office of financial management, and
the department of social and health services shall together monitor the
enrollee level in the basic health plan and the medicaid caseload of
children funded from the ((health services account)) state general
fund. The office of financial management shall adjust the funding
levels by interagency reimbursement of funds between the basic health
plan and medicaid and adjust the funding levels between the health care
authority and the medical assistance administration of the department
of social and health services to maximize combined enrollment.
Sec. 27 RCW 43.72.900 and 2005 c 518 s 930 are each amended to
read as follows:
(((1) The health services account is created in the state treasury.
Moneys in the account may be spent only after appropriation. Subject
to the transfers described in subsection (3) of this section, moneys in
the account may be expended only for maintaining and expanding health
services access for low-income residents, maintaining and expanding the
public health system, maintaining and improving the capacity of the
health care system, containing health care costs, and the regulation,
planning, and administering of the health care system.)) Funds deposited into the ((
(2)health services account)) state
general fund under RCW 82.24.028 ((and 82.26.028)) shall be used solely
as follows:
(((a) Five million dollars for the state fiscal year beginning July
1, 2002, and five million dollars for the state fiscal year beginning
July 1, 2003, shall be appropriated by the legislature for programs
that effectively improve the health of low-income persons, including
efforts to reduce diseases and illnesses that harm low-income persons.
The department of health shall submit a report to the legislature on
March 1, 2002, evaluating the cost-effectiveness of programs that
improve the health of low-income persons and address diseases and
illnesses that disproportionately affect low-income persons, and making
recommendations to the legislature on which of these programs could
most effectively utilize the funds appropriated under this subsection.)) (1) Ten percent of the funds deposited into the ((
(b)health
services account)) state general fund under RCW 82.24.028 ((and
82.26.028 remaining after the appropriation under (a) of this
subsection)) shall be transferred no less frequently than annually by
the treasurer to the tobacco prevention and control account established
by RCW 43.79.480. The funds transferred shall be used exclusively for
implementation of the Washington state tobacco prevention and control
plan and shall be used only to supplement, and not supplant, funds in
the tobacco prevention and control account as of January 1, 2001((,
however, these funds may be used to replace funds appropriated by the
legislature for further implementation of the Washington state tobacco
prevention and control plan for the biennium beginning July 1, 2001)).
For each state fiscal year beginning on and after July 1, 2002, the
legislature shall appropriate no less than twenty-six million two
hundred forty thousand dollars from the tobacco prevention and control
account for implementation of the Washington state tobacco prevention
and control plan.
(((c))) (2) Because of its demonstrated effectiveness in improving
the health of low-income persons and addressing illnesses and diseases
that harm low-income persons, the remainder of the funds deposited into
the ((health services account)) state general fund under RCW 82.24.028
((and 82.26.028)) shall be appropriated solely for Washington basic
health plan enrollment as provided in chapter 70.47 RCW. Funds
appropriated under this subsection may be used to support outreach and
enrollment activities only to the extent necessary to achieve the
enrollment goals described in this section.
(((3) Prior to expenditure for the purposes described in subsection
(2) of this section, funds deposited into the health services account
under RCW 82.24.028 and 82.26.028 shall first be transferred to the
following accounts to ensure the continued availability of previously
dedicated revenues for certain existing programs:))
(a) To the violence reduction and drug enforcement account under
RCW 69.50.520, two million two hundred forty-nine thousand five hundred
dollars for the state fiscal year beginning July 1, 2001, four million
two hundred forty-eight thousand dollars for the state fiscal year
beginning July 1, 2002, seven million seven hundred eighty-nine
thousand dollars for the biennium beginning July 1, 2003, six million
nine hundred thirty-two thousand dollars for the biennium beginning
July 1, 2005, and six million nine hundred thirty-two thousand dollars
for each biennium thereafter, as required by RCW 82.24.020(2);
(b) To the health services account under this section, nine million
seventy-seven thousand dollars for the state fiscal year beginning July
1, 2001, seventeen million one hundred eighty-eight thousand dollars
for the state fiscal year beginning July 1, 2002, thirty-one million
seven hundred fifty-five thousand dollars for the biennium beginning
July 1, 2003, twenty-eight million six hundred twenty-two thousand
dollars for the biennium beginning July 1, 2005, and twenty-eight
million six hundred twenty-two thousand dollars for each biennium
thereafter, as required by RCW 82.24.020(3); and
(c) To the water quality account under RCW 70.146.030, two million
two hundred three thousand five hundred dollars for the state fiscal
year beginning July 1, 2001, four million two hundred forty-four
thousand dollars for the state fiscal year beginning July 1, 2002,
eight million one hundred eighty-two thousand dollars for the biennium
beginning July 1, 2003, seven million eight hundred eighty-five
thousand dollars for the biennium beginning July 1, 2005, and seven
million eight hundred eighty-five thousand dollars for each biennium
thereafter, as required by RCW 82.24.027(2)(a).
During the 2005-2007 fiscal biennium, the legislature may transfer
from the health services account such amounts as reflect the excess
fund balance of the account to the state general fund.
Sec. 28 RCW 43.79.480 and 2005 c 424 s 12 are each amended to
read as follows:
(1) Moneys received by the state of Washington in accordance with
the settlement of the state's legal action against tobacco product
manufacturers, exclusive of costs and attorneys' fees, shall be
deposited in the tobacco settlement account created in this section
except as these moneys are sold or assigned under chapter 43.340 RCW.
(2) The tobacco settlement account is created in the state
treasury. Moneys in the tobacco settlement account may only be
transferred to the ((health services account)) state general fund for
the purposes set forth in RCW 43.72.900, and to the tobacco prevention
and control account for purposes set forth in this section. The
legislature shall transfer amounts received as strategic contribution
payments as defined in RCW 43.350.010 to the life sciences discovery
fund created in RCW 43.350.070.
(3) The tobacco prevention and control account is created in the
state treasury. The source of revenue for this account is moneys
transferred to the account from the tobacco settlement account,
investment earnings, donations to the account, and other revenues as
directed by law. Expenditures from the account are subject to
appropriation.
Sec. 29 RCW 43.84.092 and 2008 c 128 s 19 and 2008 c 106 s 4 are
each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
The following accounts and funds shall receive their proportionate
share of earnings based upon each account's and fund's average daily
balance for the period: The aeronautics account, the aircraft search
and rescue account, the budget stabilization account, the capitol
building construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the cleanup settlement account, the Columbia
river basin water supply development account, the common school
construction fund, the county arterial preservation account, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of licensing services
account, the department of retirement systems expense account, the
developmental disabilities community trust account, the drinking water
assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the education
construction fund, ((the education legacy trust account,)) the election
account, the energy freedom account, the essential rail assistance
account, The Evergreen State College capital projects account, the
federal forest revolving account, the ferry bond retirement fund, the
freight congestion relief account, the freight mobility investment
account, the freight mobility multimodal account, the grade crossing
protective fund, ((the health services account,)) the public health
services account, the health system capacity account, the personal
health services account, the high capacity transportation account, the
state higher education construction account, the higher education
construction account, the highway bond retirement fund, the highway
infrastructure account, the highway safety account, the high occupancy
toll lanes operations account, the industrial insurance premium refund
account, the judges' retirement account, the judicial retirement
administrative account, the judicial retirement principal account, the
local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the medical aid account,
the mobile home park relocation fund, the motor vehicle fund, the
motorcycle safety education account, the multimodal transportation
account, the municipal criminal justice assistance account, the
municipal sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, ((the pension funding
stabilization account,)) the perpetual surveillance and maintenance
account, the public employees' retirement system plan 1 account, the
public employees' retirement system combined plan 2 and plan 3 account,
the public facilities construction loan revolving account beginning
July 1, 2004, the public health supplemental account, the public
transportation systems account, the public works assistance account,
the Puget Sound capital construction account, the Puget Sound ferry
operations account, the Puyallup tribal settlement account, the real
estate appraiser commission account, the recreational vehicle account,
the regional mobility grant program account, the resource management
cost account, the rural arterial trust account, the rural Washington
loan fund, the safety and education account, the site closure account,
the small city pavement and sidewalk account, the special category C
account, the special wildlife account, the state employees' insurance
account, the state employees' insurance reserve account, the state
investment board expense account, the state investment board commingled
trust fund accounts, the state patrol highway account, the supplemental
pension account, the Tacoma Narrows toll bridge account, the teachers'
retirement system plan 1 account, the teachers' retirement system
combined plan 2 and plan 3 account, the tobacco prevention and control
account, the tobacco settlement account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, the
transportation infrastructure account, the transportation partnership
account, the traumatic brain injury account, the tuition recovery trust
fund, the University of Washington bond retirement fund, the University
of Washington building account, the urban arterial trust account, the
volunteer firefighters' and reserve officers' relief and pension
principal fund, the volunteer firefighters' and reserve officers'
administrative fund, the Washington fruit express account, the
Washington judicial retirement system account, the Washington law
enforcement officers' and firefighters' system plan 1 retirement
account, the Washington law enforcement officers' and firefighters'
system plan 2 retirement account, the Washington public safety
employees' plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state
health insurance pool account, the Washington state patrol retirement
account, the Washington State University building account, the
Washington State University bond retirement fund, the water pollution
control revolving fund, and the Western Washington University capital
projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the
permanent common school fund, the scientific permanent fund, and the
state university permanent fund shall be allocated to their respective
beneficiary accounts. All earnings to be distributed under this
subsection (4)(a) shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 30 RCW 43.99H.060 and 1991 sp.s. c 31 s 15 are each amended
to read as follows:
(1) For bonds issued for the purposes of RCW 43.99H.020(16), on
each date on which any interest or principal and interest payment is
due, the board of regents or the board of trustees of Washington State
University shall cause the amount computed in RCW 43.99H.040(1) to be
paid out of the appropriate building account or capital projects
account to the state treasurer for deposit into the general fund of the
state treasury.
(2) For bonds issued for the purposes of RCW 43.99H.020(15), on
each date on which any interest or principal and interest payment is
due, the state treasurer shall transfer the amount computed in RCW
43.99H.040(2) from the capitol campus reserve account, hereby created
in the state treasury, to the general fund of the state treasury. At
the time of sale of the bonds issued for the purposes of RCW
43.99H.020(15), and on or before June 30th of each succeeding year
while such bonds remain outstanding, the state finance committee shall
determine, based on current balances and estimated receipts and
expenditures from the capitol campus reserve account, that portion of
principal and interest on such RCW 43.99H.020(15) bonds which will, by
virtue of payments from the capitol campus reserve account, be
reimbursed from sources other than "general state revenues" as that
term is defined in Article VIII, section 1 of the state Constitution.
The amount so determined by the state finance committee, as from time
to time adjusted in accordance with this subsection, shall not
constitute indebtedness for purposes of the limitations set forth in
RCW 39.42.060.
(3) For bonds issued for the purposes of RCW 43.99H.020(17), on
each date on which any interest or principal and interest payment is
due, the director of the department of labor and industries shall cause
fifty percent of the amount computed in RCW 43.99H.040(3) to be
transferred from the accident fund created in RCW 51.44.010 and fifty
percent of the amount computed in RCW 43.99H.040(3) to be transferred
from the medical aid fund created in RCW 51.44.020, to the general fund
of the state treasury.
(4) For bonds issued for the purposes of RCW 43.99H.020(18), on
each date on which any interest or principal and interest payment is
due, the board of regents of the University of Washington shall cause
the amount computed in RCW 43.99H.040(4) to be paid out of University
of Washington nonappropriated local funds to the state treasurer for
deposit into the general fund of the state treasury.
(5) ((For bonds issued for the purposes of RCW 43.99H.020(20), on
each date on which any interest or principal and interest payment is
due, the state treasurer shall transfer the amount computed in RCW
43.99H.040(5) from the public safety and education account created in
RCW 43.08.250 to the general fund of the state treasury.)) For bonds issued for the purposes of RCW 43.99H.020(4), on
each date on which any interest or principal and interest payment is
due, the state treasurer shall transfer from property taxes in the
state general fund levied for the support of the common schools under
RCW 84.52.065 to the general fund of the state treasury for
unrestricted use the amount computed in RCW 43.99H.040(6).
(6)
Sec. 31 RCW 43.99K.030 and 2005 c 487 s 8 are each amended to
read as follows:
(1)(a) The debt-limit general fund bond retirement account shall be
used for the payment of the principal of and interest on the bonds
authorized in RCW 43.99K.020 (1), (2), and (3).
(b) The debt-limit reimbursable bond retirement account shall be
used for the payment of the principal of and interest on the bonds
authorized in RCW 43.99K.020(4).
(c) The nondebt-limit reimbursable bond retirement account shall be
used for the payment of the principal of and interest on the bonds
authorized in RCW 43.99K.020(5).
(2) The state finance committee shall, on or before June 30th of
each year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet the bond retirement and interest
requirements. On each date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw from any
general state revenues received in the state treasury and deposit in
the debt-limit general fund bond retirement account, debt-limit
reimbursable bond retirement account, nondebt-limit reimbursable bond
retirement account, as necessary, an amount equal to the amount
certified by the state finance committee to be due on the payment date.
(3) ((On each date on which any interest or principal and interest
payment is due on bonds issued for the purposes of RCW 43.99K.020(4),
the state treasurer shall transfer from the public safety and education
account to the general fund of the state treasury the amount computed
in subsection (2) of this section for the bonds issued for the purposes
of RCW 43.99K.020(4).)) On each date on which any interest or principal and interest
payment is due on bonds issued for the purposes of RCW 43.99K.020(5),
the board of regents of the University of Washington shall cause to be
paid out of University of Washington nonappropriated local funds to the
state treasurer for deposit into the general fund of the state treasury
the amount computed in subsection (2) of this section for bonds issued
for the purposes of RCW 43.99K.020(5).
(4)
(((5))) (4) Bonds issued under this section and RCW 43.99K.010 and
43.99K.020 shall state that they are a general obligation of the state
of Washington, shall pledge the full faith and credit of the state to
the payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay the principal and
interest as the same shall become due.
(((6))) (5) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by mandamus or
other appropriate proceeding require the transfer and payment of funds
as directed in this section.
Sec. 32 RCW 43.99L.040 and 1997 c 456 s 4 are each amended to
read as follows:
(1) The debt-limit reimbursable bond retirement account shall be
used for the payment of the principal of and interest on the bonds
authorized in RCW 43.99L.020(2).
(2) The state finance committee shall, on or before June 30th of
each year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet the ((bonds [bond])) bond retirement and
interest requirements on the bonds authorized in RCW 43.99L.020(2).
(3) On each date on which any interest or principal and interest
payment is due on bonds issued for the purpose of RCW 43.99L.020(2),
the state treasurer shall transfer from the ((public safety and
education account)) state general fund to the debt-limit reimbursable
bond retirement account the amount computed in subsection (2) of this
section for the bonds issued for the purpose of RCW 43.99L.020(2).
Sec. 33 RCW 43.135.025 and 2005 c 72 s 4 are each amended to read
as follows:
(1) The state shall not expend from the general fund ((and related
funds)) during any fiscal year state moneys in excess of the state
expenditure limit established under this chapter.
(2) Except pursuant to a declaration of emergency under RCW
43.135.035 or pursuant to an appropriation under RCW
43.135.045(((4)(b))) (2), the state treasurer shall not issue or redeem
any check, warrant, or voucher that will result in a state general fund
((or related fund)) expenditure for any fiscal year in excess of the
state expenditure limit established under this chapter. A violation of
this subsection constitutes a violation of RCW 43.88.290 and shall
subject the state treasurer to the penalties provided in RCW 43.88.300.
(3) The state expenditure limit for any fiscal year shall be the
previous fiscal year's state expenditure limit increased by a
percentage rate that equals the fiscal growth factor.
(4) For purposes of computing the state expenditure limit for the
fiscal year beginning July 1, 2007, the phrase "the previous fiscal
year's state expenditure limit" means the total state expenditures from
the state general fund ((and related funds)), not including federal
funds, for the fiscal year beginning July 1, 2006, plus the fiscal
growth factor.
(5) A state expenditure limit committee is established for the
purpose of determining and adjusting the state expenditure limit as
provided in this chapter. The members of the state expenditure limit
committee are the director of financial management, the attorney
general or the attorney general's designee, and the chairs and ranking
minority members of the senate committee on ways and means and the
house of representatives committee on ((appropriations)) ways and
means. All actions of the state expenditure limit committee taken
pursuant to this chapter require an affirmative vote of at least four
members.
(6) Each November, the state expenditure limit committee shall
adjust the expenditure limit for the preceding fiscal year based on
actual expenditures and known changes in the fiscal growth factor and
then project an expenditure limit for the next two fiscal years. If,
by November 30th, the state expenditure limit committee has not adopted
the expenditure limit adjustment and projected expenditure limit as
provided in subsection (5) of this section, the attorney general or his
or her designee shall adjust or project the expenditure limit, as
necessary.
(7) "Fiscal growth factor" means the average growth in state
personal income for the prior ten fiscal years.
(8) "General fund" means the state general fund.
(((9) "Related fund" means the health services account, violence
reduction and drug enforcement account, public safety and education
account, water quality account, or student achievement fund.))
Sec. 34 RCW 43.135.045 and 2007 c 520 s 6035 and 2007 c 484 s 5
are each reenacted and amended to read as follows:
(((1) The student achievement fund is hereby created in the state
treasury.)) The education construction fund is hereby created in the
state treasury.
(2)
(((a))) (1) Funds may be appropriated from the education
construction fund exclusively for common school construction or higher
education construction. During the 2007-2009 fiscal biennium, funds
may also be used for higher education facilities preservation and
maintenance.
(((b))) (2) Funds may be appropriated for any other purpose only if
approved by a two-thirds vote of each house of the legislature and if
approved by a vote of the people at the next general election. An
appropriation approved by the people under this subsection shall result
in an adjustment to the state expenditure limit only for the fiscal
period for which the appropriation is made and shall not affect any
subsequent fiscal period.
(((3) Funds from the student achievement fund shall be appropriated
to the superintendent of public instruction strictly for distribution
to school districts to meet the provisions set out in the student
achievement act. Allocations shall be made on an equal per full-time
equivalent student basis to each school district.))
Sec. 35 RCW 46.61.5058 and 1998 c 207 s 2 are each amended to
read as follows:
(1) Upon the arrest of a person or upon the filing of a complaint,
citation, or information in a court of competent jurisdiction, based
upon probable cause to believe that a person has violated RCW 46.61.502
or 46.61.504 or any similar municipal ordinance, if such person has a
prior offense within seven years as defined in RCW 46.61.5055, and
where the person has been provided written notice that any transfer,
sale, or encumbrance of such person's interest in the vehicle over
which that person was actually driving or had physical control when the
violation occurred, is unlawful pending either acquittal, dismissal,
sixty days after conviction, or other termination of the charge, such
person shall be prohibited from encumbering, selling, or transferring
his or her interest in such vehicle, except as otherwise provided in
(a), (b), and (c) of this subsection, until either acquittal,
dismissal, sixty days after conviction, or other termination of the
charge. The prohibition against transfer of title shall not be stayed
pending the determination of an appeal from the conviction.
(a) A vehicle encumbered by a bona fide security interest may be
transferred to the secured party or to a person designated by the
secured party;
(b) A leased or rented vehicle may be transferred to the lessor,
rental agency, or to a person designated by the lessor or rental
agency; and
(c) A vehicle may be transferred to a third party or a vehicle
dealer who is a bona fide purchaser or may be subject to a bona fide
security interest in the vehicle unless it is established that (i) in
the case of a purchase by a third party or vehicle dealer, such party
or dealer had actual notice that the vehicle was subject to the
prohibition prior to the purchase, or (ii) in the case of a security
interest, the holder of the security interest had actual notice that
the vehicle was subject to the prohibition prior to the encumbrance of
title.
(2) On conviction for a violation of either RCW 46.61.502 or
46.61.504 or any similar municipal ordinance where the person convicted
has a prior offense within seven years as defined in RCW 46.61.5055,
the motor vehicle the person was driving or over which the person had
actual physical control at the time of the offense, if the person has
a financial interest in the vehicle, is subject to seizure and
forfeiture pursuant to this section.
(3) A vehicle subject to forfeiture under this chapter may be
seized by a law enforcement officer of this state upon process issued
by a court of competent jurisdiction. Seizure of a vehicle may be made
without process if the vehicle subject to seizure has been the subject
of a prior judgment in favor of the state in a forfeiture proceeding
based upon this section.
(4) Seizure under subsection (3) of this section automatically
commences proceedings for forfeiture. The law enforcement agency under
whose authority the seizure was made shall cause notice of the seizure
and intended forfeiture of the seized vehicle to be served within
fifteen days after the seizure on the owner of the vehicle seized, on
the person in charge of the vehicle, and on any person having a known
right or interest in the vehicle, including a community property
interest. The notice of seizure may be served by any method authorized
by law or court rule, including but not limited to service by certified
mail with return receipt requested. Service by mail is complete upon
mailing within the fifteen-day period after the seizure. Notice of
seizure in the case of property subject to a security interest that has
been perfected on a certificate of title shall be made by service upon
the secured party or the secured party's assignee at the address shown
on the financing statement or the certificate of title.
(5) If no person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
the seized vehicle within forty-five days of the seizure, the vehicle
is deemed forfeited.
(6) If a person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
the seized vehicle within forty-five days of the seizure, the law
enforcement agency shall give the person or persons a reasonable
opportunity to be heard as to the claim or right. The hearing shall be
before the chief law enforcement officer of the seizing agency or the
chief law enforcement officer's designee, except where the seizing
agency is a state agency as defined in RCW 34.12.020, the hearing shall
be before the chief law enforcement officer of the seizing agency or an
administrative law judge appointed under chapter 34.12 RCW, except that
any person asserting a claim or right may remove the matter to a court
of competent jurisdiction. Removal may only be accomplished according
to the rules of civil procedure. The person seeking removal of the
matter must serve process against the state, county, political
subdivision, or municipality that operates the seizing agency, and any
other party of interest, in accordance with RCW 4.28.080 or 4.92.020,
within forty-five days after the person seeking removal has notified
the seizing law enforcement agency of the person's claim of ownership
or right to possession. The court to which the matter is to be removed
shall be the district court when the aggregate value of the vehicle is
within the jurisdictional limit set forth in RCW 3.66.020. A hearing
before the seizing agency and any appeal therefrom shall be under Title
34 RCW. In a court hearing between two or more claimants to the
vehicle involved, the prevailing party shall be entitled to a judgment
for costs and reasonable attorneys' fees. The burden of producing
evidence shall be upon the person claiming to be the legal owner or the
person claiming to have the lawful right to possession of the vehicle.
The seizing law enforcement agency shall promptly return the vehicle to
the claimant upon a determination by the administrative law judge or
court that the claimant is the present legal owner under Title 46 RCW
or is lawfully entitled to possession of the vehicle.
(7) When a vehicle is forfeited under this chapter the seizing law
enforcement agency may sell the vehicle, retain it for official use, or
upon application by a law enforcement agency of this state release the
vehicle to that agency for the exclusive use of enforcing this title;
provided, however, that the agency shall first satisfy any bona fide
security interest to which the vehicle is subject under subsection
(1)(a) or (c) of this section.
(8) When a vehicle is forfeited, the seizing agency shall keep a
record indicating the identity of the prior owner, if known, a
description of the vehicle, the disposition of the vehicle, the value
of the vehicle at the time of seizure, and the amount of proceeds
realized from disposition of the vehicle.
(9) Each seizing agency shall retain records of forfeited vehicles
for at least seven years.
(10) Each seizing agency shall file a report including a copy of
the records of forfeited vehicles with the state treasurer each
calendar quarter.
(11) The quarterly report need not include a record of a forfeited
vehicle that is still being held for use as evidence during the
investigation or prosecution of a case or during the appeal from a
conviction.
(12) By January 31st of each year, each seizing agency shall remit
to the state treasurer an amount equal to ten percent of the net
proceeds of vehicles forfeited during the preceding calendar year.
Money remitted shall be deposited in the ((public safety and education
account)) state general fund.
(13) The net proceeds of a forfeited vehicle is the value of the
forfeitable interest in the vehicle after deducting the cost of
satisfying a bona fide security interest to which the vehicle is
subject at the time of seizure; and in the case of a sold vehicle,
after deducting the cost of sale, including reasonable fees or
commissions paid to independent selling agents.
(14) The value of a sold forfeited vehicle is the sale price. The
value of a retained forfeited vehicle is the fair market value of the
vehicle at the time of seizure, determined when possible by reference
to an applicable commonly used index, such as the index used by the
department of licensing. A seizing agency may, but need not, use an
independent qualified appraiser to determine the value of retained
vehicles. If an appraiser is used, the value of the vehicle appraised
is net of the cost of the appraisal.
Sec. 36 RCW 48.14.0201 and 2005 c 405 s 1, 2005 c 223 s 6, and
2005 c 7 s 1 are each reenacted and amended to read as follows:
(1) As used in this section, "taxpayer" means a health maintenance
organization as defined in RCW 48.46.020, a health care service
contractor as defined in RCW 48.44.010, or a self-funded multiple
employer welfare arrangement as defined in RCW 48.125.010.
(2) Each taxpayer shall pay a tax on or before the first day of
March of each year to the state treasurer through the insurance
commissioner's office. The tax shall be equal to the total amount of
all premiums and prepayments for health care services received by the
taxpayer during the preceding calendar year multiplied by the rate of
two percent.
(3) Taxpayers shall prepay their tax obligations under this
section. The minimum amount of the prepayments shall be percentages of
the taxpayer's tax obligation for the preceding calendar year
recomputed using the rate in effect for the current year. For the
prepayment of taxes due during the first calendar year, the minimum
amount of the prepayments shall be percentages of the taxpayer's tax
obligation that would have been due had the tax been in effect during
the previous calendar year. The tax prepayments shall be paid to the
state treasurer through the commissioner's office by the due dates and
in the following amounts:
(a) On or before June 15, forty-five percent;
(b) On or before September 15, twenty-five percent;
(c) On or before December 15, twenty-five percent.
(4) For good cause demonstrated in writing, the commissioner may
approve an amount smaller than the preceding calendar year's tax
obligation as recomputed for calculating the health maintenance
organization's, health care service contractor's, self-funded multiple
employer welfare arrangement's, or certified health plan's prepayment
obligations for the current tax year.
(5) Moneys collected under this section shall be deposited in the
general fund ((through March 31, 1996, and in the health services
account under RCW 43.72.900 after March 31, 1996)).
(6) The taxes imposed in this section do not apply to:
(a) Amounts received by any taxpayer from the United States or any
instrumentality thereof as prepayments for health care services
provided under Title XVIII (medicare) of the federal social security
act.
(b) Amounts received by any taxpayer from the state of Washington
as prepayments for health care services provided under:
(i) The medical care services program as provided in RCW 74.09.035;
(ii) The Washington basic health plan on behalf of subsidized
enrollees as provided in chapter 70.47 RCW; or
(iii) The medicaid program on behalf of elderly or ((disabled))
clients with disabilities as provided in chapter 74.09 RCW when these
prepayments are received prior to July 1, 2009, and are associated with
a managed care contract program that has been implemented on a
voluntary demonstration or pilot project basis.
(c) Amounts received by any health care service contractor, as
defined in RCW 48.44.010, as prepayments for health care services
included within the definition of practice of dentistry under RCW
18.32.020.
(d) Participant contributions to self-funded multiple employer
welfare arrangements that are not taxable in this state.
(7) Beginning January 1, 2000, the state does hereby preempt the
field of imposing excise or privilege taxes upon taxpayers and no
county, city, town, or other municipal subdivision shall have the right
to impose any such taxes upon such taxpayers. This subsection shall be
limited to premiums and payments for health benefit plans offered by
health care service contractors under chapter 48.44 RCW, health
maintenance organizations under chapter 48.46 RCW, and self-funded
multiple employer welfare arrangements as defined in RCW 48.125.010.
The preemption authorized by this subsection shall not impair the
ability of a county, city, town, or other municipal subdivision to
impose excise or privilege taxes upon the health care services directly
delivered by the employees of a health maintenance organization under
chapter 48.46 RCW.
(8)(a) The taxes imposed by this section apply to a self-funded
multiple employer welfare arrangement only in the event that they are
not preempted by the employee retirement income security act of 1974,
as amended, 29 U.S.C. Sec. 1001 et seq. The arrangements and the
commissioner shall initially request an advisory opinion from the
United States department of labor or obtain a declaratory ruling from
a federal court on the legality of imposing state premium taxes on
these arrangements. Once the legality of the taxes has been
determined, the multiple employer welfare arrangement certified by the
insurance commissioner must begin payment of these taxes.
(b) If there has not been a final determination of the legality of
these taxes, then beginning on the earlier of (i) the date the fourth
multiple employer welfare arrangement has been certified by the
insurance commissioner, or (ii) April 1, 2006, the arrangement shall
deposit the taxes imposed by this section into an interest bearing
escrow account maintained by the arrangement. Upon a final
determination that the taxes are not preempted by the employee
retirement income security act of 1974, as amended, 29 U.S.C. Sec. 1001
et seq., all funds in the interest bearing escrow account shall be
transferred to the state treasurer.
(9) The effect of transferring contracts for health care services
from one taxpayer to another taxpayer is to transfer the tax prepayment
obligation with respect to the contracts.
(10) On or before June 1st of each year, the commissioner shall
notify each taxpayer required to make prepayments in that year of the
amount of each prepayment and shall provide remittance forms to be used
by the taxpayer. However, a taxpayer's responsibility to make
prepayments is not affected by failure of the commissioner to send, or
the taxpayer to receive, the notice or forms.
Sec. 37 RCW 66.24.210 and 2008 c 94 s 8 are each amended to read
as follows:
(1) There is hereby imposed upon all wines except cider sold to
wine distributors and the Washington state liquor control board, within
the state a tax at the rate of twenty and one-fourth cents per liter.
Any domestic winery or certificate of approval holder acting as a
distributor of its own production shall pay taxes imposed by this
section. There is hereby imposed on all cider sold to wine
distributors and the Washington state liquor control board within the
state a tax at the rate of three and fifty-nine one-hundredths cents
per liter. However, wine sold or shipped in bulk from one winery to
another winery shall not be subject to such tax.
(a) The tax provided for in this section shall be collected by
direct payments based on wine purchased by wine distributors.
(b) Except as provided in subsection (7) of this section, every
person purchasing wine under the provisions of this section shall on or
before the twentieth day of each month report to the board all
purchases during the preceding calendar month in such manner and upon
such forms as may be prescribed by the board, and with such report
shall pay the tax due from the purchases covered by such report unless
the same has previously been paid. Any such purchaser of wine whose
applicable tax payment is not postmarked by the twentieth day following
the month of purchase will be assessed a penalty at the rate of two
percent a month or fraction thereof. The board may require that every
such person shall execute to and file with the board a bond to be
approved by the board, in such amount as the board may fix, securing
the payment of the tax. If any such person fails to pay the tax when
due, the board may forthwith suspend or cancel the license until all
taxes are paid.
(c) Any licensed retailer authorized to purchase wine from a
certificate of approval holder with a direct shipment endorsement or a
domestic winery shall make monthly reports to the liquor control board
on wine purchased during the preceding calendar month in the manner and
upon such forms as may be prescribed by the board.
(2) An additional tax is imposed equal to the rate specified in RCW
82.02.030 multiplied by the tax payable under subsection (1) of this
section. All revenues collected during any month from this additional
tax shall be transferred to the state general fund by the twenty-fifth
day of the following month.
(3) An additional tax is imposed on wines subject to tax under
subsection (1) of this section, at the rate of one-fourth of one cent
per liter for wine sold after June 30, 1987. After June 30, 1996, such
additional tax does not apply to cider. An additional tax of five one-hundredths of one cent per liter is imposed on cider sold after June
30, 1996. All revenues collected under this subsection (3) shall be
disbursed quarterly to the Washington wine commission for use in
carrying out the purposes of chapter 15.88 RCW.
(4) An additional tax is imposed on all wine subject to tax under
subsection (1) of this section. The additional tax is equal to twenty-three and forty-four one-hundredths cents per liter on fortified wine
as defined in RCW 66.04.010 when bottled or packaged by the
manufacturer, one cent per liter on all other wine except cider, and
eighteen one-hundredths of one cent per liter on cider. All revenues
collected during any month from this additional tax shall be deposited
in the ((violence reduction and drug enforcement account under RCW
69.50.520)) state general fund by the twenty-fifth day of the following
month.
(5)(a) An additional tax is imposed on all cider subject to tax
under subsection (1) of this section. The additional tax is equal to
two and four one-hundredths cents per liter of cider sold after June
30, 1996, and before July 1, 1997, and is equal to four and seven one-hundredths cents per liter of cider sold after June 30, 1997.
(b) All revenues collected from the additional tax imposed under
this subsection (5) shall be deposited in the ((health services account
under RCW 43.72.900)) state general fund.
(6) For the purposes of this section, "cider" means table wine that
contains not less than one-half of one percent of alcohol by volume and
not more than seven percent of alcohol by volume and is made from the
normal alcoholic fermentation of the juice of sound, ripe apples or
pears. "Cider" includes, but is not limited to, flavored, sparkling,
or carbonated cider and cider made from condensed apple or pear must.
(7) For the purposes of this section, out-of-state wineries shall
pay taxes under this section on wine sold and shipped directly to
Washington state residents in a manner consistent with the requirements
of a wine distributor under subsections (1) through (4) of this
section, except wineries shall be responsible for the tax and not the
resident purchaser.
Sec. 38 RCW 66.24.290 and 2006 c 302 s 7 are each amended to read
as follows:
(1) Any microbrewer or domestic brewery or beer distributor
licensed under this title may sell and deliver beer and strong beer to
holders of authorized licenses direct, but to no other person, other
than the board. Any certificate of approval holder authorized to act
as a distributor under RCW 66.24.270 shall pay the taxes imposed by
this section.
(a) Every such brewery or beer distributor shall report all sales
to the board monthly, pursuant to the regulations, and shall pay to the
board as an added tax for the privilege of manufacturing and selling
the beer and strong beer within the state a tax of one dollar and
thirty cents per barrel of thirty-one gallons on sales to licensees
within the state and on sales to licensees within the state of bottled
and canned beer, including strong beer, shall pay a tax computed in
gallons at the rate of one dollar and thirty cents per barrel of
thirty-one gallons.
(b) Any brewery or beer distributor whose applicable tax payment is
not postmarked by the twentieth day following the month of sale will be
assessed a penalty at the rate of two percent per month or fraction
thereof. Beer and strong beer shall be sold by breweries and
distributors in sealed barrels or packages.
(c) The moneys collected under this subsection shall be distributed
as follows: (i) Three-tenths of a percent shall be distributed to
border areas under RCW 66.08.195; and (ii) of the remaining moneys:
(A) Twenty percent shall be distributed to counties in the same manner
as under RCW 66.08.200; and (B) eighty percent shall be distributed to
incorporated cities and towns in the same manner as under RCW
66.08.210.
(d) Any licensed retailer authorized to purchase beer from a
certificate of approval holder with a direct shipment endorsement or a
brewery or microbrewery shall make monthly reports to the liquor
control board on beer purchased during the preceding calendar month in
the manner and upon such forms as may be prescribed by the board.
(2) An additional tax is imposed on all beer and strong beer
subject to tax under subsection (1) of this section. The additional
tax is equal to two dollars per barrel of thirty-one gallons. All
revenues collected during any month from this additional tax shall be
deposited in the ((violence reduction and drug enforcement account
under RCW 69.50.520)) state general fund by the twenty-fifth day of the
following month.
(3)(a) An additional tax is imposed on all beer and strong beer
subject to tax under subsection (1) of this section. The additional
tax is equal to ninety-six cents per barrel of thirty-one gallons
through June 30, 1995, two dollars and thirty-nine cents per barrel of
thirty-one gallons for the period July 1, 1995, through June 30, 1997,
and four dollars and seventy-eight cents per barrel of thirty-one
gallons thereafter.
(b) The additional tax imposed under this subsection does not apply
to the sale of the first sixty thousand barrels of beer each year by
breweries that are entitled to a reduced rate of tax under 26 U.S.C.
Sec. 5051, as existing on July 1, 1993, or such subsequent date as may
be provided by the board by rule consistent with the purposes of this
exemption.
(c) All revenues collected from the additional tax imposed under
this subsection (3) shall be deposited in the ((health services account
under RCW 43.72.900)) state general fund.
(4) An additional tax is imposed on all beer and strong beer that
is subject to tax under subsection (1) of this section that is in the
first sixty thousand barrels of beer and strong beer by breweries that
are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as
existing on July 1, 1993, or such subsequent date as may be provided by
the board by rule consistent with the purposes of the exemption under
subsection (3)(b) of this section. The additional tax is equal to one
dollar and forty-eight and two-tenths cents per barrel of thirty-one
gallons. By the twenty-fifth day of the following month, three percent
of the revenues collected from this additional tax shall be distributed
to border areas under RCW 66.08.195 and the remaining moneys shall be
transferred to the state general fund.
(5) The board may make refunds for all taxes paid on beer and
strong beer exported from the state for use outside the state.
(6) The board may require filing with the board of a bond to be
approved by it, in such amount as the board may fix, securing the
payment of the tax. If any licensee fails to pay the tax when due, the
board may forthwith suspend or cancel his or her license until all
taxes are paid.
Sec. 39 RCW 67.70.240 and 2001 c 3 s 4 are each amended to read
as follows:
The moneys in the state lottery account shall be used only:
(1) For the payment of prizes to the holders of winning lottery
tickets or shares;
(2) For purposes of making deposits into the reserve account
created by RCW 67.70.250 and into the lottery administrative account
created by RCW 67.70.260;
(3) For purposes of making deposits into the education construction
fund ((and student achievement fund)) created in RCW 43.135.045. ((For
the transition period from July 1, 2001, until and including June 30,
2002, fifty percent of the moneys not otherwise obligated under this
section shall be placed in the student achievement fund and fifty
percent of these moneys shall be placed in the education construction
fund. On and after July 1, 2002, until June 30, 2004, seventy-five
percent of these moneys shall be placed in the student achievement fund
and twenty-five percent shall be placed in the education construction
fund.)) On and after July 1, 2004, all deposits not otherwise
obligated under this section shall be placed in the education
construction fund. Moneys in the state lottery account deposited in
the education construction fund ((and the student achievement fund))
are included in "general state revenues" under RCW 39.42.070;
(4) For distribution to a county for the purpose of paying the
principal and interest payments on bonds issued by the county to
construct a baseball stadium, as defined in RCW 82.14.0485, including
reasonably necessary preconstruction costs. Three million dollars
shall be distributed under this subsection during calendar year 1996.
During subsequent years, such distributions shall equal the prior
year's distributions increased by four percent. Distributions under
this subsection shall cease when the bonds issued for the construction
of the baseball stadium are retired, but not more than twenty years
after the tax under RCW 82.14.0485 is first imposed;
(5) For distribution to the stadium and exhibition center account,
created in RCW 43.99N.060. Subject to the conditions of RCW
43.99N.070, six million dollars shall be distributed under this
subsection during the calendar year 1998. During subsequent years,
such distribution shall equal the prior year's distributions increased
by four percent. No distribution may be made under this subsection
after December 31, 1999, unless the conditions for issuance of the
bonds under RCW 43.99N.020(2) are met. Distributions under this
subsection shall cease when the bonds are retired, but not later than
December 31, 2020;
(6) For the purchase and promotion of lottery games and game-related services; and
(7) For the payment of agent compensation.
The office of financial management shall require the allotment of
all expenses paid from the account and shall report to the ways and
means committees of the senate and house of representatives any changes
in the allotments.
Sec. 40 RCW 67.70.340 and 2005 c 369 s 4 are each amended to read
as follows:
(1) The legislature recognizes that creating a shared game lottery
could result in less revenue being raised by the existing state lottery
ticket sales. The legislature further recognizes that the ((two
funds)) fund most impacted by this potential event ((are the student
achievement fund and)) is the education construction account.
Therefore, it is the intent of the legislature to use some of the
proceeds from the shared game lottery to make up the difference that
the potential state lottery revenue loss would have on ((the student
achievement fund and)) the education construction account. The
legislature further intends to use some of the proceeds from the shared
game lottery to fund programs and services related to problem and
pathological gambling.
(2) The ((student achievement fund and the)) education construction
account ((are)) is expected to ((collectively)) receive one hundred two
million dollars annually from state lottery games other than the shared
game lottery. For fiscal year 2003 and thereafter, if the amount of
lottery revenues earmarked for the ((student achievement fund and the))
education construction account is less than one hundred two million
dollars, the commission, after making the transfer required under
subsection (3) of this section, must transfer sufficient moneys from
revenues derived from the shared game lottery into the ((student
achievement fund and the)) education construction account to bring the
total revenue up to one hundred two million dollars. ((The funds
transferred from the shared game lottery account under this subsection
must be divided between the student achievement fund and the education
construction account in a manner consistent with RCW 67.70.240(3).))
(3)(a) The commission shall transfer, from revenue derived from the
shared game lottery, to the problem gambling account created in RCW
43.20A.892, an amount equal to the percentage specified in (b) of this
subsection of net receipts. For purposes of this subsection, "net
receipts" means the difference between (i) revenue received from the
sale of lottery tickets or shares and revenue received from the sale of
shared game lottery tickets or shares; and (ii) the sum of payments
made to winners.
(b) In fiscal year 2006, the percentage to be transferred to the
problem gambling account is one-tenth of one percent. In fiscal year
2007 and subsequent fiscal years, the percentage to be transferred to
the problem gambling account is thirteen one-hundredths of one percent.
(4) The remaining net revenues, if any, in the shared game lottery
account after the transfers pursuant to this section shall be deposited
into the general fund.
Sec. 41 RCW 69.50.505 and 2008 c 6 s 631 are each amended to read
as follows:
(1) The following are subject to seizure and forfeiture and no
property right exists in them:
(a) All controlled substances which have been manufactured,
distributed, dispensed, acquired, or possessed in violation of this
chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, as
defined in RCW 64.44.010, used or intended to be used in the
manufacture of controlled substances;
(b) All raw materials, products, and equipment of any kind which
are used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting any controlled
substance in violation of this chapter or chapter 69.41 or 69.52 RCW;
(c) All property which is used, or intended for use, as a container
for property described in (a) or (b) of this subsection;
(d) All conveyances, including aircraft, vehicles, or vessels,
which are used, or intended for use, in any manner to facilitate the
sale, delivery, or receipt of property described in (a) or (b) of this
subsection, except that:
(i) No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture
under this section unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy to a violation
of this chapter or chapter 69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeiture under this section by
reason of any act or omission established by the owner thereof to have
been committed or omitted without the owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this section if
used in the receipt of only an amount of marijuana for which possession
constitutes a misdemeanor under RCW 69.50.4014;
(iv) A forfeiture of a conveyance encumbered by a bona fide
security interest is subject to the interest of the secured party if
the secured party neither had knowledge of nor consented to the act or
omission; and
(v) When the owner of a conveyance has been arrested under this
chapter or chapter 69.41 or 69.52 RCW the conveyance in which the
person is arrested may not be subject to forfeiture unless it is seized
or process is issued for its seizure within ten days of the owner's
arrest;
(e) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data which are used, or
intended for use, in violation of this chapter or chapter 69.41 or
69.52 RCW;
(f) All drug paraphernalia;
(g) All moneys, negotiable instruments, securities, or other
tangible or intangible property of value furnished or intended to be
furnished by any person in exchange for a controlled substance in
violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible
or intangible personal property, proceeds, or assets acquired in whole
or in part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of this chapter or chapter 69.41
or 69.52 RCW. A forfeiture of money, negotiable instruments,
securities, or other tangible or intangible property encumbered by a
bona fide security interest is subject to the interest of the secured
party if, at the time the security interest was created, the secured
party neither had knowledge of nor consented to the act or omission.
No personal property may be forfeited under this subsection (1)(g), to
the extent of the interest of an owner, by reason of any act or
omission which that owner establishes was committed or omitted without
the owner's knowledge or consent; and
(h) All real property, including any right, title, and interest in
the whole of any lot or tract of land, and any appurtenances or
improvements which are being used with the knowledge of the owner for
the manufacturing, compounding, processing, delivery, importing, or
exporting of any controlled substance, or which have been acquired in
whole or in part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
if such activity is not less than a class C felony and a substantial
nexus exists between the commercial production or sale of the
controlled substance and the real property. However:
(i) No property may be forfeited pursuant to this subsection
(1)(h), to the extent of the interest of an owner, by reason of any act
or omission committed or omitted without the owner's knowledge or
consent;
(ii) The bona fide gift of a controlled substance, legend drug, or
imitation controlled substance shall not result in the forfeiture of
real property;
(iii) The possession of marijuana shall not result in the
forfeiture of real property unless the marijuana is possessed for
commercial purposes, the amount possessed is five or more plants or one
pound or more of marijuana, and a substantial nexus exists between the
possession of marijuana and the real property. In such a case, the
intent of the offender shall be determined by the preponderance of the
evidence, including the offender's prior criminal history, the amount
of marijuana possessed by the offender, the sophistication of the
activity or equipment used by the offender, and other evidence which
demonstrates the offender's intent to engage in commercial activity;
(iv) The unlawful sale of marijuana or a legend drug shall not
result in the forfeiture of real property unless the sale was forty
grams or more in the case of marijuana or one hundred dollars or more
in the case of a legend drug, and a substantial nexus exists between
the unlawful sale and the real property; and
(v) A forfeiture of real property encumbered by a bona fide
security interest is subject to the interest of the secured party if
the secured party, at the time the security interest was created,
neither had knowledge of nor consented to the act or omission.
(2) Real or personal property subject to forfeiture under this
chapter may be seized by any board inspector or law enforcement officer
of this state upon process issued by any superior court having
jurisdiction over the property. Seizure of real property shall include
the filing of a lis pendens by the seizing agency. Real property
seized under this section shall not be transferred or otherwise
conveyed until ninety days after seizure or until a judgment of
forfeiture is entered, whichever is later: PROVIDED, That real
property seized under this section may be transferred or conveyed to
any person or entity who acquires title by foreclosure or deed in lieu
of foreclosure of a security interest. Seizure of personal property
without process may be made if:
(a) The seizure is incident to an arrest or a search under a search
warrant or an inspection under an administrative inspection warrant;
(b) The property subject to seizure has been the subject of a prior
judgment in favor of the state in a criminal injunction or forfeiture
proceeding based upon this chapter;
(c) A board inspector or law enforcement officer has probable cause
to believe that the property is directly or indirectly dangerous to
health or safety; or
(d) The board inspector or law enforcement officer has probable
cause to believe that the property was used or is intended to be used
in violation of this chapter.
(3) In the event of seizure pursuant to subsection (2) of this
section, proceedings for forfeiture shall be deemed commenced by the
seizure. The law enforcement agency under whose authority the seizure
was made shall cause notice to be served within fifteen days following
the seizure on the owner of the property seized and the person in
charge thereof and any person having any known right or interest
therein, including any community property interest, of the seizure and
intended forfeiture of the seized property. Service of notice of
seizure of real property shall be made according to the rules of civil
procedure. However, the state may not obtain a default judgment with
respect to real property against a party who is served by substituted
service absent an affidavit stating that a good faith effort has been
made to ascertain if the defaulted party is incarcerated within the
state, and that there is no present basis to believe that the party is
incarcerated within the state. Notice of seizure in the case of
property subject to a security interest that has been perfected by
filing a financing statement in accordance with chapter 62A.9A RCW, or
a certificate of title, shall be made by service upon the secured party
or the secured party's assignee at the address shown on the financing
statement or the certificate of title. The notice of seizure in other
cases may be served by any method authorized by law or court rule
including but not limited to service by certified mail with return
receipt requested. Service by mail shall be deemed complete upon
mailing within the fifteen day period following the seizure.
(4) If no person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
items specified in subsection (1)(d), (g), or (h) of this section
within forty-five days of the seizure in the case of personal property
and ninety days in the case of real property, the item seized shall be
deemed forfeited. The community property interest in real property of
a person whose spouse or domestic partner committed a violation giving
rise to seizure of the real property may not be forfeited if the person
did not participate in the violation.
(5) If any person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
items specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h)
of this section within forty-five days of the seizure in the case of
personal property and ninety days in the case of real property, the
person or persons shall be afforded a reasonable opportunity to be
heard as to the claim or right. The hearing shall be before the chief
law enforcement officer of the seizing agency or the chief law
enforcement officer's designee, except where the seizing agency is a
state agency as defined in RCW 34.12.020(4), the hearing shall be
before the chief law enforcement officer of the seizing agency or an
administrative law judge appointed under chapter 34.12 RCW, except that
any person asserting a claim or right may remove the matter to a court
of competent jurisdiction. Removal of any matter involving personal
property may only be accomplished according to the rules of civil
procedure. The person seeking removal of the matter must serve process
against the state, county, political subdivision, or municipality that
operates the seizing agency, and any other party of interest, in
accordance with RCW 4.28.080 or 4.92.020, within forty-five days after
the person seeking removal has notified the seizing law enforcement
agency of the person's claim of ownership or right to possession. The
court to which the matter is to be removed shall be the district court
when the aggregate value of personal property is within the
jurisdictional limit set forth in RCW 3.66.020. A hearing before the
seizing agency and any appeal therefrom shall be under Title 34 RCW.
In all cases, the burden of proof is upon the law enforcement agency to
establish, by a preponderance of the evidence, that the property is
subject to forfeiture.
The seizing law enforcement agency shall promptly return the
article or articles to the claimant upon a determination by the
administrative law judge or court that the claimant is the present
lawful owner or is lawfully entitled to possession thereof of items
specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h) of this
section.
(6) In any proceeding to forfeit property under this title, where
the claimant substantially prevails, the claimant is entitled to
reasonable attorneys' fees reasonably incurred by the claimant. In
addition, in a court hearing between two or more claimants to the
article or articles involved, the prevailing party is entitled to a
judgment for costs and reasonable attorneys' fees.
(7) When property is forfeited under this chapter the board or
seizing law enforcement agency may:
(a) Retain it for official use or upon application by any law
enforcement agency of this state release such property to such agency
for the exclusive use of enforcing the provisions of this chapter;
(b) Sell that which is not required to be destroyed by law and
which is not harmful to the public;
(c) Request the appropriate sheriff or director of public safety to
take custody of the property and remove it for disposition in
accordance with law; or
(d) Forward it to the drug enforcement administration for
disposition.
(8)(a) When property is forfeited, the seizing agency shall keep a
record indicating the identity of the prior owner, if known, a
description of the property, the disposition of the property, the value
of the property at the time of seizure, and the amount of proceeds
realized from disposition of the property.
(b) Each seizing agency shall retain records of forfeited property
for at least seven years.
(c) Each seizing agency shall file a report including a copy of the
records of forfeited property with the state treasurer each calendar
quarter.
(d) The quarterly report need not include a record of forfeited
property that is still being held for use as evidence during the
investigation or prosecution of a case or during the appeal from a
conviction.
(9)(a) By January 31st of each year, each seizing agency shall
remit to the state treasurer an amount equal to ten percent of the net
proceeds of any property forfeited during the preceding calendar year.
Money remitted shall be deposited in the ((violence reduction and drug
enforcement account under RCW 69.50.520)) state general fund.
(b) The net proceeds of forfeited property is the value of the
forfeitable interest in the property after deducting the cost of
satisfying any bona fide security interest to which the property is
subject at the time of seizure; and in the case of sold property, after
deducting the cost of sale, including reasonable fees or commissions
paid to independent selling agents, and the cost of any valid
landlord's claim for damages under subsection (15) of this section.
(c) The value of sold forfeited property is the sale price. The
value of retained forfeited property is the fair market value of the
property at the time of seizure, determined when possible by reference
to an applicable commonly used index, such as the index used by the
department of licensing for valuation of motor vehicles. A seizing
agency may use, but need not use, an independent qualified appraiser to
determine the value of retained property. If an appraiser is used, the
value of the property appraised is net of the cost of the appraisal.
The value of destroyed property and retained firearms or illegal
property is zero.
(10) Forfeited property and net proceeds not required to be paid to
the state treasurer shall be retained by the seizing law enforcement
agency exclusively for the expansion and improvement of controlled
substances related law enforcement activity. Money retained under this
section may not be used to supplant preexisting funding sources.
(11) Controlled substances listed in Schedule I, II, III, IV, and
V that are possessed, transferred, sold, or offered for sale in
violation of this chapter are contraband and shall be seized and
summarily forfeited to the state. Controlled substances listed in
Schedule I, II, III, IV, and V, which are seized or come into the
possession of the board, the owners of which are unknown, are
contraband and shall be summarily forfeited to the board.
(12) Species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or cultivated
in violation of this chapter, or of which the owners or cultivators are
unknown, or which are wild growths, may be seized and summarily
forfeited to the board.
(13) The failure, upon demand by a board inspector or law
enforcement officer, of the person in occupancy or in control of land
or premises upon which the species of plants are growing or being
stored to produce an appropriate registration or proof that he or she
is the holder thereof constitutes authority for the seizure and
forfeiture of the plants.
(14) Upon the entry of an order of forfeiture of real property, the
court shall forward a copy of the order to the assessor of the county
in which the property is located. Orders for the forfeiture of real
property shall be entered by the superior court, subject to court
rules. Such an order shall be filed by the seizing agency in the
county auditor's records in the county in which the real property is
located.
(15) A landlord may assert a claim against proceeds from the sale
of assets seized and forfeited under subsection (7)(b) of this section,
only if:
(a) A law enforcement officer, while acting in his or her official
capacity, directly caused damage to the complaining landlord's property
while executing a search of a tenant's residence; and
(b) The landlord has applied any funds remaining in the tenant's
deposit, to which the landlord has a right under chapter 59.18 RCW, to
cover the damage directly caused by a law enforcement officer prior to
asserting a claim under the provisions of this section;
(i) Only if the funds applied under (b) of this subsection are
insufficient to satisfy the damage directly caused by a law enforcement
officer, may the landlord seek compensation for the damage by filing a
claim against the governmental entity under whose authority the law
enforcement agency operates within thirty days after the search;
(ii) Only if the governmental entity denies or fails to respond to
the landlord's claim within sixty days of the date of filing, may the
landlord collect damages under this subsection by filing within thirty
days of denial or the expiration of the sixty-day period, whichever
occurs first, a claim with the seizing law enforcement agency. The
seizing law enforcement agency must notify the landlord of the status
of the claim by the end of the thirty-day period. Nothing in this
section requires the claim to be paid by the end of the sixty-day or
thirty-day period.
(c) For any claim filed under (b) of this subsection, the law
enforcement agency shall pay the claim unless the agency provides
substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this
chapter or chapter 69.41 or 69.52 RCW; or
(ii) Failed to respond to a notification of the illegal activity,
provided by a law enforcement agency under RCW 59.18.075, within seven
days of receipt of notification of the illegal activity.
(16) The landlord's claim for damages under subsection (15) of this
section may not include a claim for loss of business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of the
damage directly caused by a law enforcement officer;
(c) The proceeds from the sale of the specific tenant's property
seized and forfeited under subsection (7)(b) of this section; and
(d) The proceeds available after the seizing law enforcement agency
satisfies any bona fide security interest in the tenant's property and
costs related to sale of the tenant's property as provided by
subsection (9)(b) of this section.
(17) Subsections (15) and (16) of this section do not limit any
other rights a landlord may have against a tenant to collect for
damages. However, if a law enforcement agency satisfies a landlord's
claim under subsection (15) of this section, the rights the landlord
has against the tenant for damages directly caused by a law enforcement
officer under the terms of the landlord and tenant's contract are
subrogated to the law enforcement agency.
Sec. 42 RCW 69.50.520 and 2005 c 518 s 937, 2005 c 514 s 1107,
and 2005 c 514 s 202 are each reenacted and amended to read as follows:
((The violence reduction and drug enforcement account is created in
the state treasury.)) All designated receipts from RCW 9.41.110(8),
66.24.210(4), 66.24.290(2), 69.50.505(9)(a), 82.08.150 (5) ((and
(7)(b)(iii))), 82.24.020(2), ((82.24.026(2)(c),)) and 82.64.020((, and
section 420, chapter 271, Laws of 1989)) shall be deposited into the
((account. Expenditures from the account may be used only for funding
services and programs under chapter 271, Laws of 1989 and chapter 7,
Laws of 1994 sp. sess., including state incarceration costs. Funds
from the account may also be appropriated to reimburse local
governments for costs associated with implementing criminal justice
legislation including chapter 338, Laws of 1997. During the 2003-2005
and 2005-2007 bienniums, funds from the account may also be used for
costs associated with providing grants to local governments in
accordance with chapter 338, Laws of 1997, funding drug offender
treatment services in accordance with RCW 70.96A.350, maintenance and
operating costs of the Washington association of sheriffs and police
chiefs jail reporting system, maintenance and operating costs of the
juvenile rehabilitation administration's client activity tracking
system, civil indigent legal representation, multijurisdictional
narcotics task forces, transfers to the health services account, and
grants to community networks under chapter 70.190 RCW by the family
policy council)) state general fund.
Sec. 43 RCW 70.05.125 and 1998 c 266 s 1 are each amended to read
as follows:
(1) The county public health account is created in the state
treasury. Funds deposited in the county public health account shall be
distributed by the state treasurer to each local public health
jurisdiction based upon amounts certified to it by the department of
community, trade, and economic development in consultation with the
Washington state association of counties. The account shall include
funds distributed under RCW ((82.44.110 and)) 82.14.200(8) and such
funds as are appropriated to the account from the ((health services
account under RCW 43.72.900)) state general fund, the public health
services account under RCW 43.72.902, and such other funds as the
legislature may appropriate to it.
(2)(a) The director of the department of community, trade, and
economic development shall certify the amounts to be distributed to
each local public health jurisdiction using 1995 as the base year of
actual city contributions to local public health.
(b) Only if funds are available and in an amount no greater than
available funds under RCW 82.14.200(8), the department of community,
trade, and economic development shall adjust the amount certified under
(a) of this subsection to compensate for any annexation of an area with
fifty thousand residents or more to any city as a result of a petition
during calendar year 1996 or 1997, or for any city that became newly
incorporated as a result of an election during calendar year 1994 or
1995. The amount to be adjusted shall be equal to the amount which
otherwise would have been lost to the health jurisdiction due to the
annexation or incorporation as calculated using the jurisdiction's 1995
funding formula.
(c) The county treasurer shall certify the actual 1995 city
contribution to the department. Funds in excess of the base shall be
distributed proportionately among the health jurisdictions based on
incorporated population figures as last determined by the office of
financial management.
(3) Moneys distributed under this section shall be expended
exclusively for local public health purposes.
Sec. 44 RCW 70.47.015 and 2008 c 217 s 99 are each amended to
read as follows:
(1) The legislature finds that the basic health plan has been an
effective program in providing health coverage for uninsured residents.
Further, since 1993, substantial amounts of public funds have been
allocated for subsidized basic health plan enrollment.
(2) It is the intent of the legislature that the basic health plan
enrollment be expanded expeditiously, consistent with funds available
in the ((health services account)) state general fund, with the goal of
two hundred thousand adult subsidized basic health plan enrollees and
one hundred thirty thousand children covered through expanded medical
assistance services by June 30, 1997, with the priority of providing
needed health services to children in conjunction with other public
programs.
(3) Effective January 1, 1996, basic health plan enrollees whose
income is less than one hundred twenty-five percent of the federal
poverty level shall pay at least a ten-dollar premium share.
(4) No later than July 1, 1996, the administrator shall implement
procedures whereby hospitals licensed under chapters 70.41 and 71.12
RCW, health carrier, rural health care facilities regulated under
chapter 70.175 RCW, and community and migrant health centers funded
under RCW 41.05.220, may expeditiously assist patients and their
families in applying for basic health plan or medical assistance
coverage, and in submitting such applications directly to the health
care authority or the department of social and health services. The
health care authority and the department of social and health services
shall make every effort to simplify and expedite the application and
enrollment process.
(5) No later than July 1, 1996, the administrator shall implement
procedures whereby disability insurance producers, licensed under
chapter 48.17 RCW, may expeditiously assist patients and their families
in applying for basic health plan or medical assistance coverage, and
in submitting such applications directly to the health care authority
or the department of social and health services. Insurance producers
may receive a commission for each individual sale of the basic health
plan to anyone not signed up within the previous five years and a
commission for each group sale of the basic health plan, if funding for
this purpose is provided in a specific appropriation to the health care
authority. No commission shall be provided upon a renewal.
Commissions shall be determined based on the estimated annual cost of
the basic health plan, however, commissions shall not result in a
reduction in the premium amount paid to health carriers. For purposes
of this section "health carrier" is as defined in RCW 48.43.005. The
administrator may establish: (a) Minimum educational requirements that
must be completed by the insurance producers; (b) an appointment
process for insurance producers marketing the basic health plan; or (c)
standards for revocation of the appointment of an insurance producer to
submit applications for cause, including untrustworthy or incompetent
conduct or harm to the public. The health care authority and the
department of social and health services shall make every effort to
simplify and expedite the application and enrollment process.
Sec. 45 RCW 70.96A.350 and 2008 c 329 s 918 are each amended to
read as follows:
(1) The criminal justice treatment account is created in the state
treasury. Moneys in the account may be expended solely for: (a)
Substance abuse treatment and treatment support services for offenders
with an addiction or a substance abuse problem that, if not treated,
would result in addiction, against whom charges are filed by a
prosecuting attorney in Washington state; (b) the provision of drug and
alcohol treatment services and treatment support services for
nonviolent offenders within a drug court program; and (c) during the
2007-2009 biennium, operation of the integrated crisis response and
intensive case management pilots contracted with the department of
social and health services division of alcohol and substance abuse.
Moneys in the account may be spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant's
successful completion of his or her substance abuse treatment program,
but does not include the following services: Housing other than that
provided as part of an inpatient substance abuse treatment program,
vocational training, and mental health counseling; and
(b) "Treatment support" means transportation to or from inpatient
or outpatient treatment services when no viable alternative exists, and
child care services that are necessary to ensure a participant's
ability to attend outpatient treatment sessions.
(3) Revenues to the criminal justice treatment account consist of:
(a) Funds transferred to the account pursuant to this section; and (b)
any other revenues appropriated to or deposited in the account.
(4)(a) For the fiscal biennium beginning July 1, 2003, the state
treasurer shall transfer eight million nine hundred fifty thousand
dollars from the general fund into the criminal justice treatment
account, divided into eight equal quarterly payments. For the fiscal
year beginning July 1, 2005, and each subsequent fiscal year, the state
treasurer shall transfer eight million two hundred fifty thousand
dollars from the general fund to the criminal justice treatment
account, divided into four equal quarterly payments. For the fiscal
year beginning July 1, 2006, and each subsequent fiscal year, the
amount transferred shall be increased on an annual basis by the
implicit price deflator as published by the federal bureau of labor
statistics.
(b) For the fiscal biennium beginning July 1, 2003, and each
biennium thereafter, ((the state treasurer shall transfer)) two million
nine hundred eighty-four thousand dollars from the general fund ((into
the violence reduction and drug enforcement account, divided into eight
quarterly payments. The amounts transferred pursuant to this
subsection (4)(b))) shall be used solely for providing drug and alcohol
treatment services to offenders confined in a state correctional
facility who are assessed with an addiction or a substance abuse
problem that if not treated would result in addiction.
(c) In each odd-numbered year, the legislature shall appropriate
the amount transferred to the criminal justice treatment account in (a)
of this subsection to the division of alcohol and substance abuse for
the purposes of subsection (5) of this section.
(5) Moneys appropriated to the division of alcohol and substance
abuse from the criminal justice treatment account shall be distributed
as specified in this subsection. The department shall serve as the
fiscal agent for purposes of distribution. Until July 1, 2004, the
department may not use moneys appropriated from the criminal justice
treatment account for administrative expenses and shall distribute all
amounts appropriated under subsection (4)(c) of this section in
accordance with this subsection. Beginning in July 1, 2004, the
department may retain up to three percent of the amount appropriated
under subsection (4)(c) of this section for its administrative costs.
(a) Seventy percent of amounts appropriated to the division from
the account shall be distributed to counties pursuant to the
distribution formula adopted under this section. The division of
alcohol and substance abuse, in consultation with the department of
corrections, the sentencing guidelines commission, the Washington state
association of counties, the Washington state association of drug court
professionals, the superior court judges' association, the Washington
association of prosecuting attorneys, representatives of the criminal
defense bar, representatives of substance abuse treatment providers,
and any other person deemed by the division to be necessary, shall
establish a fair and reasonable methodology for distribution to
counties of moneys in the criminal justice treatment account. County
or regional plans submitted for the expenditure of formula funds must
be approved by the panel established in (b) of this subsection.
(b) Thirty percent of the amounts appropriated to the division from
the account shall be distributed as grants for purposes of treating
offenders against whom charges are filed by a county prosecuting
attorney. The division shall appoint a panel of representatives from
the Washington association of prosecuting attorneys, the Washington
association of sheriffs and police chiefs, the superior court judges'
association, the Washington state association of counties, the
Washington defender's association or the Washington association of
criminal defense lawyers, the department of corrections, the Washington
state association of drug court professionals, substance abuse
treatment providers, and the division. The panel shall review county
or regional plans for funding under (a) of this subsection and grants
approved under this subsection. The panel shall attempt to ensure that
treatment as funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county prosecutor,
county sheriff, county superior court, a substance abuse treatment
provider appointed by the county legislative authority, a member of the
criminal defense bar appointed by the county legislative authority,
and, in counties with a drug court, a representative of the drug court
shall jointly submit a plan, approved by the county legislative
authority or authorities, to the panel established in subsection (5)(b)
of this section, for disposition of all the funds provided from the
criminal justice treatment account within that county. The funds shall
be used solely to provide approved alcohol and substance abuse
treatment pursuant to RCW 70.96A.090 and treatment support services.
No more than ten percent of the total moneys received under subsections
(4) and (5) of this section by a county or group of counties
participating in a regional agreement shall be spent for treatment
support services.
(7) Counties are encouraged to consider regional agreements and
submit regional plans for the efficient delivery of treatment under
this section.
(8) Moneys allocated under this section shall be used to
supplement, not supplant, other federal, state, and local funds used
for substance abuse treatment.
(9) Counties must meet the criteria established in RCW
2.28.170(3)(b).
Sec. 46 RCW 70.146.010 and 1986 c 3 s 1 are each amended to read
as follows:
The long-range health and environmental goals for the state of
Washington require the protection of the state's surface and
underground waters for the health, safety, use, enjoyment, and economic
benefit of its people. It is the purpose of this chapter to provide
financial assistance to the state and to local governments for the
planning, design, acquisition, construction, and improvement of water
pollution control facilities and related activities in the achievement
of state and federal water pollution control requirements for the
protection of the state's waters.
It is the intent of the legislature that distribution of moneys for
water pollution control facilities under this chapter be made on an
equitable basis taking into consideration legal mandates, local effort,
ratepayer impacts, and past distributions of state and federal moneys
for water pollution control facilities.
It is the intent of this chapter that the cost of any water
pollution control facility attributable to increased or additional
capacity that exceeds one hundred ten percent of existing needs at the
time of application for assistance under this chapter shall be entirely
a local or private responsibility. It is the intent of this chapter
that industrial pretreatment be paid by industries ((and that the water
quality account shall not be used for such purposes)).
Sec. 47 RCW 70.146.020 and 1995 2nd sp.s. c 18 s 920 are each
amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) (("Account" means the water quality account in the state
treasury.)) "Department" means the department of ecology.
(2)
(((3))) (2) "Eligible cost" means the cost of that portion of a
water pollution control facility that can be financed under this
chapter excluding any portion of a facility's cost attributable to
capacity that is in excess of that reasonably required to address one
hundred ten percent of the applicant's needs for water pollution
control existing at the time application is submitted for assistance
under this chapter.
(((4))) (3) "Water pollution control facility" or "facilities"
means any facilities or systems for the control, collection, storage,
treatment, disposal, or recycling of wastewater, including but not
limited to sanitary sewage, storm water, residential, commercial,
industrial, and agricultural wastes, which are causing water quality
degradation due to concentrations of conventional, nonconventional, or
toxic pollutants. Water pollution control facilities include all
equipment, utilities, structures, real property, and interests in and
improvements on real property necessary for or incidental to such
purpose. Water pollution control facilities also include such
facilities, equipment, and collection systems as are necessary to
protect federally designated sole source aquifers.
(((5))) (4) "Water pollution control activities" means actions
taken by a public body for the following purposes: (a) To prevent or
mitigate pollution of underground water; (b) to control nonpoint
sources of water pollution; (c) to restore the water quality of fresh
water lakes; and (d) to maintain or improve water quality through the
use of water pollution control facilities or other means. During the
1995-1997 fiscal biennium, "water pollution control activities"
includes activities by state agencies to protect public drinking water
supplies and sources.
(((6))) (5) "Public body" means the state of Washington or any
agency, county, city or town, conservation district, other political
subdivision, municipal corporation, quasi-municipal corporation, and
those Indian tribes now or hereafter recognized as such by the federal
government.
(((7))) (6) "Water pollution" means such contamination, or other
alteration of the physical, chemical, or biological properties of any
waters of the state, including change in temperature, taste, color,
turbidity, or odor of the waters, or such discharge of any liquid,
gaseous, solid, radioactive, or other substance into any waters of the
state as will or is likely to create a nuisance or render such waters
harmful, detrimental, or injurious to the public health, safety, or
welfare, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to livestock,
wild animals, birds, fish, or other aquatic life.
(((8))) (7) "Nonpoint source water pollution" means pollution that
enters any waters of the state from any dispersed water-based or land-use activities, including, but not limited to, atmospheric deposition,
surface water runoff from agricultural lands, urban areas, and forest
lands, subsurface or underground sources, and discharges from boats or
other marine vessels.
(((9))) (8) "Sole source aquifer" means the sole or principal
source of public drinking water for an area designated by the
administrator of the environmental protection agency pursuant to Public
Law 93-523, Sec. 1424(b).
Sec. 48 RCW 70.146.075 and 1987 c 516 s 1 are each amended to
read as follows:
(1) The department of ecology may enter into contracts with local
jurisdictions which provide for extended grant payments under which
eligible costs may be paid on an advanced or deferred basis.
(2) Extended grant payments shall be in equal annual payments, the
total of which does not exceed, on a net present value basis, fifty
percent of the total eligible cost of the project incurred at the time
of design and construction. The duration of such extended grant
payments shall be for a period not to exceed twenty years. The total
of federal and state grant moneys received for the eligible costs of
the project shall not exceed fifty percent of the eligible costs.
(3) Any moneys appropriated by the legislature ((from the water
quality account)) for the purposes of this section shall be first used
by the department of ecology to satisfy the conditions of the extended
grant payment contracts.
NEW SECTION. Sec. 49 The following acts or parts of acts are
each repealed:
(1) RCW 70.146.030 (Water quality account -- Progress report) and
2007 c 522 s 955;
(2) RCW 70.146.040 (Level of grant or loan not precedent) and 1986
c 3 s 6;
(3) RCW 70.146.060 (Water quality account distributions--Limitations) and 1987 c 527 s 1, 1987 c 436 s 7, & 1986 c 3 s 9; and
(4) RCW 70.146.080 (Determination of tax receipts in water quality
account -- Transfer of sufficient moneys from general revenues) and 2007
c 522 s 956, 2005 c 518 s 941, 2003 1st sp.s. c 25 s 935, 1994 sp.s. c
6 s 902, 1993 sp.s. c 24 s 924, 1991 sp.s. c 16 s 923, & 1986 c 3 s 11.
Sec. 50 RCW 70.190.010 and 1996 c 132 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Administrative costs" means the costs associated with
procurement; payroll processing; personnel functions; management;
maintenance and operation of space and property; data processing and
computer services; accounting; budgeting; auditing; indirect costs; and
organizational planning, consultation, coordination, and training.
(2) "Assessment" has the same meaning as provided in RCW 43.70.010.
(3) "At-risk" children are children who engage in or are victims of
at-risk behaviors.
(4) "At-risk behaviors" means violent delinquent acts, teen
substance abuse, teen pregnancy and male parentage, teen suicide
attempts, dropping out of school, child abuse or neglect, and domestic
violence.
(5) "Community public health and safety networks" or "networks"
means the organizations authorized under RCW 70.190.060.
(6) "Comprehensive plan" means a two-year plan that examines
available resources and unmet needs for a county or multicounty area,
barriers that limit the effective use of resources, and a plan to
address these issues that is broadly supported by local residents.
(7) "Participating state agencies" means the office of the
superintendent of public instruction, the department of social and
health services, the department of health, the employment security
department, the department of community, trade, and economic
development, and such other departments as may be specifically
designated by the governor.
(8) "Family policy council" or "council" means the superintendent
of public instruction, the secretary of social and health services, the
secretary of health, the commissioner of the employment security
department, and the director of the department of community, trade, and
economic development or their designees, one legislator from each
caucus of the senate and house of representatives, and one
representative of the governor.
(9) "Fiduciary interest" means (a) the right to compensation from
a health, educational, social service, or justice system organization
that receives public funds, or (b) budgetary or policy-making authority
for an organization listed in (a) of this subsection. A person who
acts solely in an advisory capacity and receives no compensation from
a health, educational, social service, or justice system organization,
and who has no budgetary or policy-making authority is deemed to have
no fiduciary interest in the organization.
(10) "Outcome" or "outcome based" means defined and measurable
outcomes used to evaluate progress in reducing the rate of at-risk
children and youth through reducing risk factors and increasing
protective factors.
(11) "Matching funds" means an amount no less than twenty-five
percent of the amount budgeted for a network. The network's matching
funds may be in-kind goods and services. Funding sources allowable for
match include appropriate federal or local levy funds, private
charitable funding, and other charitable giving. Basic education funds
shall not be used as a match. ((State general funds shall not be used
as a match for violence reduction and drug enforcement account funds
created under RCW 69.50.520.))
(12) "Policy development" has the same meaning as provided in RCW
43.70.010.
(13) "Protective factors" means those factors determined by the
department of health to be empirically associated with behaviors that
contribute to socially acceptable and healthy nonviolent behaviors.
Protective factors include promulgation, identification, and acceptance
of community norms regarding appropriate behaviors in the area of
delinquency, early sexual activity, alcohol and substance abuse,
educational opportunities, employment opportunities, and absence of
crime.
(14) "Risk factors" means those factors determined by the
department of health to be empirically associated with at-risk
behaviors that contribute to violence.
Sec. 51 RCW 72.09.111 and 2007 c 483 s 605 are each amended to
read as follows:
(1) The secretary shall deduct taxes and legal financial
obligations from the gross wages, gratuities, or workers' compensation
benefits payable directly to the inmate under chapter 51.32 RCW, of
each inmate working in correctional industries work programs, or
otherwise receiving such wages, gratuities, or benefits. The secretary
shall also deduct child support payments from the gratuities of each
inmate working in class II through class IV correctional industries
work programs. The secretary shall develop a formula for the
distribution of offender wages, gratuities, and benefits. The formula
shall not reduce the inmate account below the indigency level, as
defined in RCW 72.09.015.
(a) The formula shall include the following minimum deductions from
class I gross wages and from all others earning at least minimum wage:
(i) Five percent to the ((public safety and education account))
state general fund for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account;
(iii) Twenty percent to the department to contribute to the cost of
incarceration; and
(iv) Twenty percent for payment of legal financial obligations for
all inmates who have legal financial obligations owing in any
Washington state superior court.
(b) The formula shall include the following minimum deductions from
class II gross gratuities:
(i) Five percent to the ((public safety and education account))
state general fund for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account;
(iii) Fifteen percent to the department to contribute to the cost
of incarceration;
(iv) Twenty percent for payment of legal financial obligations for
all inmates who have legal financial obligations owing in any
Washington state superior court; and
(v) Fifteen percent for any child support owed under a support
order.
(c) The formula shall include the following minimum deductions from
any workers' compensation benefits paid pursuant to RCW 51.32.080:
(i) Five percent to the ((public safety and education account))
state general fund for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account;
(iii) Twenty percent to the department to contribute to the cost of
incarceration; and
(iv) An amount equal to any legal financial obligations owed by the
inmate established by an order of any Washington state superior court
up to the total amount of the award.
(d) The formula shall include the following minimum deductions from
class III gratuities:
(i) Five percent for the purpose of crime victims' compensation;
and
(ii) Fifteen percent for any child support owed under a support
order.
(e) The formula shall include the following minimum deduction from
class IV gross gratuities:
(i) Five percent to the department to contribute to the cost of
incarceration; and
(ii) Fifteen percent for any child support owed under a support
order.
(2) Any person sentenced to life imprisonment without possibility
of release or parole under chapter 10.95 RCW or sentenced to death
shall be exempt from the requirement under subsection (1)(a)(ii),
(b)(ii), or (c)(ii).
(3)(a) The department personal inmate savings account, together
with any accrued interest, shall only be available to an inmate at the
following times:
(i) The time of his or her release from confinement;
(ii) Prior to his or her release from confinement in order to
secure approved housing; or
(iii) When the secretary determines that an emergency exists for
the inmate.
(b) If funds are made available pursuant to (a)(ii) or (iii) of
this subsection, the funds shall be made available to the inmate in an
amount determined by the secretary.
(c) The management of classes I, II, and IV correctional industries
may establish an incentive payment for offender workers based on
productivity criteria. This incentive shall be paid separately from
the hourly wage/gratuity rate and shall not be subject to the specified
deduction for cost of incarceration.
(4)(a) Subject to availability of funds for the correctional
industries program, the expansion of inmate employment in class I and
class II correctional industries shall be implemented according to the
following schedule:
(i) Not later than June 30, 2005, the secretary shall achieve a net
increase of at least two hundred in the number of inmates employed in
class I or class II correctional industries work programs above the
number so employed on June 30, 2003;
(ii) Not later than June 30, 2006, the secretary shall achieve a
net increase of at least four hundred in the number of inmates employed
in class I or class II correctional industries work programs above the
number so employed on June 30, 2003;
(iii) Not later than June 30, 2007, the secretary shall achieve a
net increase of at least six hundred in the number of inmates employed
in class I or class II correctional industries work programs above the
number so employed on June 30, 2003;
(iv) Not later than June 30, 2008, the secretary shall achieve a
net increase of at least nine hundred in the number of inmates employed
in class I or class II correctional industries work programs above the
number so employed on June 30, 2003;
(v) Not later than June 30, 2009, the secretary shall achieve a net
increase of at least one thousand two hundred in the number of inmates
employed in class I or class II correctional industries work programs
above the number so employed on June 30, 2003;
(vi) Not later than June 30, 2010, the secretary shall achieve a
net increase of at least one thousand five hundred in the number of
inmates employed in class I or class II correctional industries work
programs above the number so employed on June 30, 2003.
(b) Failure to comply with the schedule in this subsection does not
create a private right of action.
(5) In the event that the offender worker's wages, gratuity, or
workers' compensation benefit is subject to garnishment for support
enforcement, the crime victims' compensation, savings, and cost of
incarceration deductions shall be calculated on the net wages after
taxes, legal financial obligations, and garnishment.
(6) The department shall explore other methods of recovering a
portion of the cost of the inmate's incarceration and for encouraging
participation in work programs, including development of incentive
programs that offer inmates benefits and amenities paid for only from
wages earned while working in a correctional industries work program.
(7) The department shall develop the necessary administrative
structure to recover inmates' wages and keep records of the amount
inmates pay for the costs of incarceration and amenities. All funds
deducted from inmate wages under subsection (1) of this section for the
purpose of contributions to the cost of incarceration shall be
deposited in a dedicated fund with the department and shall be used
only for the purpose of enhancing and maintaining correctional
industries work programs.
(8) It shall be in the discretion of the secretary to apportion the
inmates between class I and class II depending on available contracts
and resources.
(9) Nothing in this section shall limit the authority of the
department of social and health services division of child support from
taking collection action against an inmate's moneys, assets, or
property pursuant to chapter 26.23, 74.20, or 74.20A RCW.
Sec. 52 RCW 72.09.480 and 2007 c 483 s 404, 2007 c 365 s 1, and
2007 c 91 s 1 are each reenacted and amended to read as follows:
(1) Unless the context clearly requires otherwise, the definitions
in this section apply to this section.
(a) "Cost of incarceration" means the cost of providing an inmate
with shelter, food, clothing, transportation, supervision, and other
services and supplies as may be necessary for the maintenance and
support of the inmate while in the custody of the department, based on
the average per inmate costs established by the department and the
office of financial management.
(b) "Minimum term of confinement" means the minimum amount of time
an inmate will be confined in the custody of the department,
considering the sentence imposed and adjusted for the total potential
earned early release time available to the inmate.
(c) "Program" means any series of courses or classes necessary to
achieve a proficiency standard, certificate, or postsecondary degree.
(2) When an inmate, except as provided in subsections (4) and (8)
of this section, receives any funds in addition to his or her wages or
gratuities, except settlements or awards resulting from legal action,
the additional funds shall be subject to the following deductions and
the priorities established in chapter 72.11 RCW:
(a) Five percent to the ((public safety and education account))
state general fund for the purpose of crime victims' compensation;
(b) Ten percent to a department personal inmate savings account;
(c) Twenty percent for payment of legal financial obligations for
all inmates who have legal financial obligations owing in any
Washington state superior court;
(d) Twenty percent for any child support owed under a support
order; and
(e) Twenty percent to the department to contribute to the cost of
incarceration.
(3) When an inmate, except as provided in subsection (8) of this
section, receives any funds from a settlement or award resulting from
a legal action, the additional funds shall be subject to the deductions
in RCW 72.09.111(1)(a) and the priorities established in chapter 72.11
RCW.
(4) When an inmate who is subject to a child support order receives
funds from an inheritance, the deduction required under subsection
(2)(e) of this section shall only apply after the child support
obligation has been paid in full.
(5) The amount deducted from an inmate's funds under subsection (2)
of this section shall not exceed the department's total cost of
incarceration for the inmate incurred during the inmate's minimum or
actual term of confinement, whichever is longer.
(6)(a) The deductions required under subsection (2) of this section
shall not apply to funds received by the department from an offender or
from a third party on behalf of an offender for payment of education or
vocational programs or postsecondary education degree programs as
provided in RCW 72.09.460 and 72.09.465.
(b) The deductions required under subsection (2) of this section
shall not apply to funds received by the department from a third party,
including but not limited to a nonprofit entity on behalf of the
department's education, vocation, or postsecondary education degree
programs.
(7) The deductions required under subsection (2) of this section
shall not apply to any money received by the department, on behalf of
an inmate, from family or other outside sources for the payment of
postage expenses. Money received under this subsection may only be
used for the payment of postage expenses and may not be transferred to
any other account or purpose. Money that remains unused in the
inmate's postage fund at the time of release shall be subject to the
deductions outlined in subsection (2) of this section.
(8) When an inmate sentenced to life imprisonment without
possibility of release or sentenced to death under chapter 10.95 RCW
receives funds, deductions are required under subsection (2) of this
section, with the exception of a personal inmate savings account under
subsection (2)(b) of this section.
(9) The secretary of the department of corrections, or his or her
designee, may exempt an inmate from a personal inmate savings account
under subsection (2)(b) of this section if the inmate's earliest
release date is beyond the inmate's life expectancy.
(10) The interest earned on an inmate savings account created as a
result of the plan in section 4, chapter 325, Laws of 1999 shall be
exempt from the mandatory deductions under this section and RCW
72.09.111.
(11) Nothing in this section shall limit the authority of the
department of social and health services division of child support, the
county clerk, or a restitution recipient from taking collection action
against an inmate's moneys, assets, or property pursuant to chapter
9.94A, 26.23, 74.20, or 74.20A RCW including, but not limited to, the
collection of moneys received by the inmate from settlements or awards
resulting from legal action.
Sec. 53 RCW 74.09.053 and 2006 c 264 s 2 are each amended to read
as follows:
(1) The department of social and health services, in coordination
with the health care authority, shall by November 15th of each year
report to the legislature:
(a) The number of medical assistance recipients who: (i) Upon
enrollment or recertification had reported being employed, and
beginning with the 2008 report, the month and year they reported being
hired; or (ii) upon enrollment or recertification had reported being
the dependent of someone who was employed, and beginning with the 2008
report, the month and year they reported the employed person was hired.
For recipients identified under (a)(i) and (ii) of this subsection, the
department shall report the basis for their medical assistance
eligibility, including but not limited to family medical coverage,
transitional medical assistance, children's medical ((or aged or
disabled)) coverage, aged coverage, or coverage for persons with
disabilities; member months; and the total cost to the state for these
recipients, expressed as general fund-state((, health services
account)) and general fund-federal dollars. The information shall be
reported by employer (([size])) size for employers having more than
fifty employees as recipients or with dependents as recipients. This
information shall be provided for the preceding January and June of
that year.
(b) The following aggregated information: (i) The number of
employees who are recipients or with dependents as recipients by
private and governmental employers; (ii) the number of employees who
are recipients or with dependents as recipients by employer size for
employers with fifty or fewer employees, fifty-one to one hundred
employees, one hundred one to one thousand employees, one thousand one
to five thousand employees and more than five thousand employees; and
(iii) the number of employees who are recipients or with dependents as
recipients by industry type.
(([(2)])) (2) For each aggregated classification, the report will
include the number of hours worked, the number of department of social
and health services covered lives, and the total cost to the state for
these recipients. This information shall be for each quarter of the
preceding year.
Sec. 54 RCW 77.12.201 and 1987 c 506 s 29 are each amended to
read as follows:
The legislative authority of a county may elect, by giving written
notice to the director and the treasurer prior to January 1st of any
year, to obtain for the following year an amount in lieu of real
property taxes on game lands as provided in RCW 77.12.203. Upon the
election, the county shall keep a record of all fines, forfeitures,
reimbursements, and costs assessed and collected, in whole or in part,
under this title for violations of law or rules adopted pursuant to
this title and shall monthly remit an amount equal to the amount
collected to the state treasurer for deposit in the ((public safety and
education account established under RCW 43.08.250)) state general fund.
The election shall continue until the department is notified
differently prior to January 1st of any year.
Sec. 55 RCW 82.04.260 and 2008 c 296 s 1, 2008 c 217 s 100, and
2008 c 81 s 4 are each reenacted and amended to read as follows:
(1) Upon every person engaging within this state in the business of
manufacturing:
(a) Wheat into flour, barley into pearl barley, soybeans into
soybean oil, canola into canola oil, canola meal, or canola byproducts,
or sunflower seeds into sunflower oil; as to such persons the amount of
tax with respect to such business shall be equal to the value of the
flour, pearl barley, oil, canola meal, or canola byproduct
manufactured, multiplied by the rate of 0.138 percent;
(b) Beginning July 1, 2012, seafood products that remain in a raw,
raw frozen, or raw salted state at the completion of the manufacturing
by that person; or selling manufactured seafood products that remain in
a raw, raw frozen, or raw salted state at the completion of the
manufacturing, to purchasers who transport in the ordinary course of
business the goods out of this state; as to such persons the amount of
tax with respect to such business shall be equal to the value of the
products manufactured or the gross proceeds derived from such sales,
multiplied by the rate of 0.138 percent. Sellers must keep and
preserve records for the period required by RCW 82.32.070 establishing
that the goods were transported by the purchaser in the ordinary course
of business out of this state;
(c) Beginning July 1, 2012, dairy products that as of September 20,
2001, are identified in 21 C.F.R., chapter 1, parts 131, 133, and 135,
including byproducts from the manufacturing of the dairy products such
as whey and casein; or selling the same to purchasers who transport in
the ordinary course of business the goods out of state; as to such
persons the tax imposed shall be equal to the value of the products
manufactured or the gross proceeds derived from such sales multiplied
by the rate of 0.138 percent. Sellers must keep and preserve records
for the period required by RCW 82.32.070 establishing that the goods
were transported by the purchaser in the ordinary course of business
out of this state;
(d) Beginning July 1, 2012, fruits or vegetables by canning,
preserving, freezing, processing, or dehydrating fresh fruits or
vegetables, or selling at wholesale fruits or vegetables manufactured
by the seller by canning, preserving, freezing, processing, or
dehydrating fresh fruits or vegetables and sold to purchasers who
transport in the ordinary course of business the goods out of this
state; as to such persons the amount of tax with respect to such
business shall be equal to the value of the products manufactured or
the gross proceeds derived from such sales multiplied by the rate of
0.138 percent. Sellers must keep and preserve records for the period
required by RCW 82.32.070 establishing that the goods were transported
by the purchaser in the ordinary course of business out of this state;
(e) Until July 1, 2009, alcohol fuel, biodiesel fuel, or biodiesel
feedstock, as those terms are defined in RCW 82.29A.135; as to such
persons the amount of tax with respect to the business shall be equal
to the value of alcohol fuel, biodiesel fuel, or biodiesel feedstock
manufactured, multiplied by the rate of 0.138 percent; and
(f) Alcohol fuel or wood biomass fuel, as those terms are defined
in RCW 82.29A.135; as to such persons the amount of tax with respect to
the business shall be equal to the value of alcohol fuel or wood
biomass fuel manufactured, multiplied by the rate of 0.138 percent.
(2) Upon every person engaging within this state in the business of
splitting or processing dried peas; as to such persons the amount of
tax with respect to such business shall be equal to the value of the
peas split or processed, multiplied by the rate of 0.138 percent.
(3) Upon every nonprofit corporation and nonprofit association
engaging within this state in research and development, as to such
corporations and associations, the amount of tax with respect to such
activities shall be equal to the gross income derived from such
activities multiplied by the rate of 0.484 percent.
(4) Upon every person engaging within this state in the business of
slaughtering, breaking and/or processing perishable meat products
and/or selling the same at wholesale only and not at retail; as to such
persons the tax imposed shall be equal to the gross proceeds derived
from such sales multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the business of
acting as a travel agent or tour operator; as to such persons the
amount of the tax with respect to such activities shall be equal to the
gross income derived from such activities multiplied by the rate of
0.275 percent.
(6) Upon every person engaging within this state in business as an
international steamship agent, international customs house broker,
international freight forwarder, vessel and/or cargo charter broker in
foreign commerce, and/or international air cargo agent; as to such
persons the amount of the tax with respect to only international
activities shall be equal to the gross income derived from such
activities multiplied by the rate of 0.275 percent.
(7) Upon every person engaging within this state in the business of
stevedoring and associated activities pertinent to the movement of
goods and commodities in waterborne interstate or foreign commerce; as
to such persons the amount of tax with respect to such business shall
be equal to the gross proceeds derived from such activities multiplied
by the rate of 0.275 percent. Persons subject to taxation under this
subsection shall be exempt from payment of taxes imposed by chapter
82.16 RCW for that portion of their business subject to taxation under
this subsection. Stevedoring and associated activities pertinent to
the conduct of goods and commodities in waterborne interstate or
foreign commerce are defined as all activities of a labor, service or
transportation nature whereby cargo may be loaded or unloaded to or
from vessels or barges, passing over, onto or under a wharf, pier, or
similar structure; cargo may be moved to a warehouse or similar holding
or storage yard or area to await further movement in import or export
or may move to a consolidation freight station and be stuffed,
unstuffed, containerized, separated or otherwise segregated or
aggregated for delivery or loaded on any mode of transportation for
delivery to its consignee. Specific activities included in this
definition are: Wharfage, handling, loading, unloading, moving of
cargo to a convenient place of delivery to the consignee or a
convenient place for further movement to export mode; documentation
services in connection with the receipt, delivery, checking, care,
custody and control of cargo required in the transfer of cargo;
imported automobile handling prior to delivery to consignee; terminal
stevedoring and incidental vessel services, including but not limited
to plugging and unplugging refrigerator service to containers,
trailers, and other refrigerated cargo receptacles, and securing ship
hatch covers.
(8) Upon every person engaging within this state in the business of
disposing of low-level waste, as defined in RCW 43.145.010; as to such
persons the amount of the tax with respect to such business shall be
equal to the gross income of the business, excluding any fees imposed
under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.
If the gross income of the taxpayer is attributable to activities
both within and without this state, the gross income attributable to
this state shall be determined in accordance with the methods of
apportionment required under RCW 82.04.460.
(9) Upon every person engaging within this state as an insurance
producer or title insurance agent licensed under chapter 48.17 RCW; as
to such persons, the amount of the tax with respect to such licensed
activities shall be equal to the gross income of such business
multiplied by the rate of 0.484 percent.
(10) Upon every person engaging within this state in business as a
hospital, as defined in chapter 70.41 RCW, that is operated as a
nonprofit corporation or by the state or any of its political
subdivisions, as to such persons, the amount of tax with respect to
such activities shall be equal to the gross income of the business
multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5
percent thereafter. ((The moneys collected under this subsection shall
be deposited in the health services account created under RCW
43.72.900.))
(11)(a) Beginning October 1, 2005, upon every person engaging
within this state in the business of manufacturing commercial
airplanes, or components of such airplanes, or making sales, at retail
or wholesale, of commercial airplanes or components of such airplanes,
manufactured by the seller, as to such persons the amount of tax with
respect to such business shall, in the case of manufacturers, be equal
to the value of the product manufactured and the gross proceeds of
sales of the product manufactured, or in the case of processors for
hire, be equal to the gross income of the business, multiplied by the
rate of:
(i) 0.4235 percent from October 1, 2005, through the later of June
30, 2007; and
(ii) 0.2904 percent beginning July 1, 2007.
(b) Beginning July 1, 2008, upon every person who is not eligible
to report under the provisions of (a) of this subsection (11) and is
engaging within this state in the business of manufacturing tooling
specifically designed for use in manufacturing commercial airplanes or
components of such airplanes, or making sales, at retail or wholesale,
of such tooling manufactured by the seller, as to such persons the
amount of tax with respect to such business shall, in the case of
manufacturers, be equal to the value of the product manufactured and
the gross proceeds of sales of the product manufactured, or in the case
of processors for hire, be equal to the gross income of the business,
multiplied by the rate of 0.2904 percent.
(c) For the purposes of this subsection (11), "commercial airplane"
and "component" have the same meanings as provided in RCW 82.32.550.
(d) In addition to all other requirements under this title, a
person eligible for the tax rate under this subsection (11) must report
as required under RCW 82.32.545.
(e) This subsection (11) does not apply on and after July 1, 2024.
(12)(a) Until July 1, 2024, upon every person engaging within this
state in the business of extracting timber or extracting for hire
timber; as to such persons the amount of tax with respect to the
business shall, in the case of extractors, be equal to the value of
products, including byproducts, extracted, or in the case of extractors
for hire, be equal to the gross income of the business, multiplied by
the rate of 0.4235 percent from July 1, 2006, through June 30, 2007,
and 0.2904 percent from July 1, 2007, through June 30, 2024.
(b) Until July 1, 2024, upon every person engaging within this
state in the business of manufacturing or processing for hire: (i)
Timber into timber products or wood products; or (ii) timber products
into other timber products or wood products; as to such persons the
amount of the tax with respect to the business shall, in the case of
manufacturers, be equal to the value of products, including byproducts,
manufactured, or in the case of processors for hire, be equal to the
gross income of the business, multiplied by the rate of 0.4235 percent
from July 1, 2006, through June 30, 2007, and 0.2904 percent from July
1, 2007, through June 30, 2024.
(c) Until July 1, 2024, upon every person engaging within this
state in the business of selling at wholesale: (i) Timber extracted by
that person; (ii) timber products manufactured by that person from
timber or other timber products; or (iii) wood products manufactured by
that person from timber or timber products; as to such persons the
amount of the tax with respect to the business shall be equal to the
gross proceeds of sales of the timber, timber products, or wood
products multiplied by the rate of 0.4235 percent from July 1, 2006,
through June 30, 2007, and 0.2904 percent from July 1, 2007, through
June 30, 2024.
(d) Until July 1, 2024, upon every person engaging within this
state in the business of selling standing timber; as to such persons
the amount of the tax with respect to the business shall be equal to
the gross income of the business multiplied by the rate of 0.2904
percent. For purposes of this subsection (12)(d), "selling standing
timber" means the sale of timber apart from the land, where the buyer
is required to sever the timber within thirty months from the date of
the original contract, regardless of the method of payment for the
timber and whether title to the timber transfers before, upon, or after
severance.
(e) For purposes of this subsection, the following definitions
apply:
(i) "Biocomposite surface products" means surface material products
containing, by weight or volume, more than fifty percent recycled paper
and that also use nonpetroleum-based phenolic resin as a bonding agent.
(ii) "Paper and paper products" means products made of interwoven
cellulosic fibers held together largely by hydrogen bonding. "Paper
and paper products" includes newsprint; office, printing, fine, and
pressure-sensitive papers; paper napkins, towels, and toilet tissue;
kraft bag, construction, and other kraft industrial papers; paperboard,
liquid packaging containers, containerboard, corrugated, and solid-fiber containers including linerboard and corrugated medium; and
related types of cellulosic products containing primarily, by weight or
volume, cellulosic materials. "Paper and paper products" does not
include books, newspapers, magazines, periodicals, and other printed
publications, advertising materials, calendars, and similar types of
printed materials.
(iii) "Recycled paper" means paper and paper products having fifty
percent or more of their fiber content that comes from postconsumer
waste. For purposes of this subsection (12)(e)(iii), "postconsumer
waste" means a finished material that would normally be disposed of as
solid waste, having completed its life cycle as a consumer item.
(iv) "Timber" means forest trees, standing or down, on privately or
publicly owned land. "Timber" does not include Christmas trees that
are cultivated by agricultural methods or short-rotation hardwoods as
defined in RCW 84.33.035.
(v) "Timber products" means:
(A) Logs, wood chips, sawdust, wood waste, and similar products
obtained wholly from the processing of timber, short-rotation hardwoods
as defined in RCW 84.33.035, or both;
(B) Pulp, including market pulp and pulp derived from recovered
paper or paper products; and
(C) Recycled paper, but only when used in the manufacture of
biocomposite surface products.
(vi) "Wood products" means paper and paper products; dimensional
lumber; engineered wood products such as particleboard, oriented strand
board, medium density fiberboard, and plywood; wood doors; wood
windows; and biocomposite surface products.
(13) Upon every person engaging within this state in inspecting,
testing, labeling, and storing canned salmon owned by another person,
as to such persons, the amount of tax with respect to such activities
shall be equal to the gross income derived from such activities
multiplied by the rate of 0.484 percent.
Sec. 56 RCW 82.08.150 and 2005 c 514 s 201 are each amended to
read as follows:
(1) There is levied and shall be collected a tax upon each retail
sale of spirits in the original package at the rate of fifteen percent
of the selling price. The tax imposed in this subsection shall apply
to all such sales including sales by the Washington state liquor stores
and agencies, but excluding sales to spirits, beer, and wine restaurant
licensees.
(2) There is levied and shall be collected a tax upon each sale of
spirits in the original package at the rate of ten percent of the
selling price on sales by Washington state liquor stores and agencies
to spirits, beer, and wine restaurant licensees.
(3) There is levied and shall be collected an additional tax upon
each retail sale of spirits in the original package at the rate of one
dollar and seventy-two cents per liter. The additional tax imposed in
this subsection shall apply to all such sales including sales by
Washington state liquor stores and agencies, and including sales to
spirits, beer, and wine restaurant licensees.
(4) An additional tax is imposed equal to fourteen percent
multiplied by the taxes payable under subsections (1), (2), and (3) of
this section.
(5) An additional tax is imposed upon each retail sale of spirits
in the original package at the rate of seven cents per liter. The
additional tax imposed in this subsection shall apply to all such sales
including sales by Washington state liquor stores and agencies, and
including sales to spirits, beer, and wine restaurant licensees. All
revenues collected during any month from this additional tax shall be
deposited in the ((violence reduction and drug enforcement account
under RCW 69.50.520)) state general fund by the twenty-fifth day of the
following month.
(6)(a) An additional tax is imposed upon retail sale of spirits in
the original package at the rate of one and seven-tenths percent of the
selling price through June 30, 1995, two and six-tenths percent of the
selling price for the period July 1, 1995, through June 30, 1997, and
three and four-tenths of the selling price thereafter. This additional
tax applies to all such sales including sales by Washington state
liquor stores and agencies, but excluding sales to spirits, beer, and
wine restaurant licensees.
(b) An additional tax is imposed upon retail sale of spirits in the
original package at the rate of one and one-tenth percent of the
selling price through June 30, 1995, one and seven-tenths percent of
the selling price for the period July 1, 1995, through June 30, 1997,
and two and three-tenths of the selling price thereafter. This
additional tax applies to all such sales to spirits, beer, and wine
restaurant licensees.
(c) An additional tax is imposed upon each retail sale of spirits
in the original package at the rate of twenty cents per liter through
June 30, 1995, thirty cents per liter for the period July 1, 1995,
through June 30, 1997, and forty-one cents per liter thereafter. This
additional tax applies to all such sales including sales by Washington
state liquor stores and agencies, and including sales to spirits, beer,
and wine restaurant licensees.
(d) All revenues collected during any month from additional taxes
under this subsection shall be deposited in the ((health services
account created under RCW 43.72.900)) state general fund by the twenty-fifth day of the following month.
(7)(a) An additional tax is imposed upon each retail sale of
spirits in the original package at the rate of one dollar and thirty-three cents per liter. This additional tax applies to all such sales
including sales by Washington state liquor stores and agencies, but
excluding sales to spirits, beer, and wine restaurant licensees.
(b) All revenues collected during any month from additional taxes
under this subsection shall be deposited by the twenty-fifth day of the
following month ((as follows:)) into the general fund((
(i) 97.5 percent;)).
(ii) 2.3 percent into the health services account created under RCW
43.72.900; and
(iii) 0.2 percent into the violence reduction and drug enforcement
account created under RCW 69.50.520
(8) The tax imposed in RCW 82.08.020 shall not apply to sales of
spirits in the original package.
(9) The taxes imposed in this section shall be paid by the buyer to
the seller, and each seller shall collect from the buyer the full
amount of the tax payable in respect to each taxable sale under this
section. The taxes required by this section to be collected by the
seller shall be stated separately from the selling price and for
purposes of determining the tax due from the buyer to the seller, it
shall be conclusively presumed that the selling price quoted in any
price list does not include the taxes imposed by this section.
(10) As used in this section, the terms, "spirits" and "package"
shall have the meaning ascribed to them in chapter 66.04 RCW.
Sec. 57 RCW 82.24.020 and 2008 c 226 s 3 and 2008 c 86 s 301 are
each reenacted and amended to read as follows:
(1) There is levied and there shall be collected as provided in
this chapter, a tax upon the sale, use, consumption, handling,
possession, or distribution of all cigarettes, in an amount equal to
one and fifteen one-hundredths cents per cigarette.
(2) An additional tax is imposed upon the sale, use, consumption,
handling, possession, or distribution of all cigarettes, in an amount
equal to five hundred twenty-five one-thousandths of a cent per
cigarette. All revenues collected during any month from this
additional tax shall be deposited in the ((violence reduction and drug
enforcement account under RCW 69.50.520)) state general fund by the
twenty-fifth day of the following month.
(3) An additional tax is imposed upon the sale, use, consumption,
handling, possession, or distribution of all cigarettes, in an amount
equal to two and five one-hundredths cents per cigarette. All revenues
collected during any month from this additional tax shall be deposited
in the ((health services account created under RCW 43.72.900)) state
general fund by the twenty-fifth day of the following month.
(4) Wholesalers subject to the payment of this tax may, if they
wish, absorb five one-hundredths cents per cigarette of the tax and not
pass it on to purchasers without being in violation of this section or
any other act relating to the sale or taxation of cigarettes.
(5) For purposes of this chapter, "possession" shall mean both (a)
physical possession by the purchaser and, (b) when cigarettes are being
transported to or held for the purchaser or his or her designee by a
person other than the purchaser, constructive possession by the
purchaser or his or her designee, which constructive possession shall
be deemed to occur at the location of the cigarettes being so
transported or held.
(6) In accordance with federal law and rules prescribed by the
department, an enrolled member of a federally recognized Indian tribe
may purchase cigarettes from an Indian tribal organization under the
jurisdiction of the member's tribe for the member's own use exempt from
the applicable taxes imposed by this chapter. Except as provided in
subsection (7) of this section, any person, who purchases cigarettes
from an Indian tribal organization and who is not an enrolled member of
the federally recognized Indian tribe within whose jurisdiction the
sale takes place, is not exempt from the applicable taxes imposed by
this chapter.
(7) If the state enters into a cigarette tax contract or agreement
with a federally recognized Indian tribe under chapter 43.06 RCW, the
terms of the contract or agreement shall take precedence over any
conflicting provisions of this chapter while the contract or agreement
is in effect.
Sec. 58 RCW 82.24.026 and 2008 c 86 s 302 are each amended to
read as follows:
(1) In addition to the tax imposed upon the sale, use, consumption,
handling, possession, or distribution of cigarettes set forth in RCW
82.24.020, there is imposed a tax in an amount equal to three cents per
cigarette.
(2) The revenue collected under this section shall be deposited
((as follows:)) into the state general fund.
(a) 21.7 percent shall be deposited into the health services
account.
(b) 2.8 percent shall be deposited into the general fund.
(c) 2.3 percent shall be deposited into the violence reduction and
drug enforcement account under RCW 69.50.520.
(d) 1.7 percent shall be deposited into the water quality account
under RCW 70.146.030.
(e) The remainder shall be deposited into the education legacy
trust account
Sec. 59 RCW 82.24.027 and 2008 c 86 s 303 are each amended to
read as follows:
(1) There is hereby levied and there shall be collected by the
department of revenue from the persons mentioned in and in the manner
provided by this chapter, an additional tax upon the sale, use,
consumption, handling, possession, or distribution of cigarettes in an
amount equal to four-tenths of a cent per cigarette.
(2) The moneys collected under this section shall be deposited ((as
follows:)) in the general fund.
(a) For the period beginning July 1, 2001, through June 30, 2021,
into the water quality account under RCW 70.146.030; and
(b) For the period beginning July 1, 2021,
Sec. 60 RCW 82.24.028 and 2008 c 86 s 304 are each amended to
read as follows:
In addition to the tax imposed upon the sale, use, consumption,
handling, possession, or distribution of cigarettes set forth in RCW
82.24.020, there is imposed a tax in an amount equal to three cents per
cigarette. All revenues collected during any month from this
additional tax shall be deposited in the ((health services account
created under RCW 43.72.900)) state general fund by the twenty-fifth
day of the following month.
Sec. 61 RCW 82.26.020 and 2005 c 180 s 3 are each amended to read
as follows:
(1) There is levied and there shall be collected a tax upon the
sale, handling, or distribution of all tobacco products in this state
at the following rate:
(a) Seventy-five percent of the taxable sales price of cigars, not
to exceed fifty cents per cigar; or
(b) Seventy-five percent of the taxable sales price of all tobacco
products that are not cigars.
(2) Taxes under this section shall be imposed at the time the
distributor (a) brings, or causes to be brought, into this state from
without the state tobacco products for sale, (b) makes, manufactures,
fabricates, or stores tobacco products in this state for sale in this
state, (c) ships or transports tobacco products to retailers in this
state, to be sold by those retailers, or (d) handles for sale any
tobacco products that are within this state but upon which tax has not
been imposed.
(3) The moneys collected under this section shall be deposited ((as
follows:))
into the state general fund.
(a) Thirty-seven percent in the general fund;
(b) Fifty percent in the health services account created under RCW
43.72.900; and
(c) Thirteen percent in the water quality account under RCW
70.146.030 for the period beginning July 1, 2005, through June 30,
2021, and in the general fund for the period beginning July 1, 2021
Sec. 62 RCW 82.32.390 and 1986 c 3 s 15 are each amended to read
as follows:
The department of revenue shall deposit into the ((water quality
account)) state general fund all moneys received from the imposition on
consumers of the taxes under chapters 82.08 and 82.12 RCW on the sales
or use of articles of tangible personal property which become or are to
become an ingredient or component of new or existing water pollution
control facilities and activities, as defined in RCW 70.146.020((,
which received full or partial funding from the water quality
account)).
Sec. 63 RCW 82.64.020 and 1994 sp.s. c 7 s 906 are each amended
to read as follows:
(1) A tax is imposed on each sale at wholesale of syrup in this
state. The rate of the tax shall be equal to one dollar per gallon.
Fractional amounts shall be taxed proportionally.
(2) A tax is imposed on each sale at retail of syrup in this state.
The rate of the tax shall be equal to the rate imposed under subsection
(1) of this section.
(3) Moneys collected under this chapter shall be deposited in the
((violence reduction and drug enforcement account under RCW 69.50.520))
state general fund.
(4) Chapter 82.32 RCW applies to the taxes imposed in this chapter.
The tax due dates, reporting periods, and return requirements
applicable to chapter 82.04 RCW apply equally to the taxes imposed in
this chapter.
Sec. 64 RCW 83.100.220 and 2005 c 516 s 16 are each amended to
read as follows:
All receipts from taxes, penalties, interest, and fees collected
under this chapter must be deposited into the ((education legacy trust
account)) state general fund.
NEW SECTION. Sec. 65 RCW 83.100.230 (Education legacy trust
account) and 2008 c 329 s 924 & 2005 c 514 s 1101 are each repealed.
Sec. 66 RCW 84.52.067 and 2001 c 3 s 7 are each amended to read
as follows:
All property taxes levied by the state for the support of common
schools shall be paid into the general fund of the state treasury as
provided in RCW 84.56.280((, except for the amounts collected under RCW
84.52.068 which shall be directly deposited into the student
achievement fund and distributed to school districts as provided in RCW
84.52.068)).
Sec. 67 RCW 90.71.370 and 2008 c 329 s 927 are each amended to
read as follows:
(1) By December 1, 2008, and by September 1st of each even-numbered
year beginning in 2010, the council shall provide to the governor and
the appropriate fiscal committees of the senate and house of
representatives its recommendations for the funding necessary to
implement the action agenda in the succeeding biennium. The
recommendations shall:
(a) Identify the funding needed by action agenda element;
(b) Address funding responsibilities among local, state, and
federal governments, as well as nongovernmental funding; and
(c) Address funding needed to support the work of the partnership,
the panel, the ecosystem work group, and entities assisting in
coordinating local efforts to implement the plan.
(2) In the 2008 report required under subsection (1) of this
section, the council shall include recommendations for projected
funding needed through 2020 to implement the action agenda; funding
needs for science panel staff; identify methods to secure stable and
sufficient funding to meet these needs; and include proposals for new
sources of funding to be dedicated to Puget Sound protection and
recovery. In preparing the science panel staffing proposal, the
council shall consult with the panel.
(3) By November 1st of each odd-numbered year beginning in 2009,
the council shall produce a state of the Sound report that includes, at
a minimum:
(a) An assessment of progress by state and nonstate entities in
implementing the action agenda, including accomplishments in the use of
state funds for action agenda implementation;
(b) A description of actions by implementing entities that are
inconsistent with the action agenda and steps taken to remedy the
inconsistency;
(c) The comments by the panel on progress in implementing the plan,
as well as findings arising from the assessment and monitoring program;
(d) A review of citizen concerns provided to the partnership and
the disposition of those concerns;
(e) A review of the expenditures of funds to state agencies for the
implementation of programs affecting the protection and recovery of
Puget Sound, and an assessment of whether the use of the funds is
consistent with the action agenda; and
(f) An identification of all funds provided to the partnership, and
recommendations as to how future state expenditures for all entities,
including the partnership, could better match the priorities of the
action agenda.
(4)(a) The council shall review state programs that fund facilities
and activities that may contribute to action agenda implementation. By
November 1, 2009, the council shall provide initial recommendations
regarding program changes to the governor and appropriate fiscal and
policy committees of the senate and house of representatives. By
November 1, 2010, the council shall provide final recommendations
regarding program changes, including proposed legislation to implement
the recommendation, to the governor and appropriate fiscal and policy
committees of the senate and house of representatives.
(b) The review in this subsection shall be conducted with the
active assistance and collaboration of the agencies administering these
programs, and in consultation with local governments and other entities
receiving funding from these programs:
(i) ((The water quality account, chapter 70.146 RCW;)) The water pollution control revolving fund, chapter 90.50A
RCW;
(ii)
(((iii))) (ii) The public works assistance account, chapter 43.155
RCW;
(((iv))) (iii) The aquatic lands enhancement account, RCW
79.105.150;
(((v))) (iv) The state toxics control account and local toxics
control account and clean-up program, chapter 70.105D RCW;
(((vi))) (v) The acquisition of habitat conservation and outdoor
recreation land, chapter 79A.15 RCW;
(((vii))) (vi) The salmon recovery funding board, RCW 77.85.110
through 77.85.150;
(((viii))) (vii) The community economic revitalization board,
chapter 43.160 RCW;
(((ix))) (viii) Other state financial assistance to water quality-related projects and activities; and
(((x))) (ix) Water quality financial assistance from federal
programs administered through state programs or provided directly to
local governments in the Puget Sound basin.
(c) The council's review shall include but not be limited to:
(i) Determining the level of funding and types of projects and
activities funded through the programs that contribute to
implementation of the action agenda;
(ii) Evaluating the procedures and criteria in each program for
determining which projects and activities to fund, and their
relationship to the goals and priorities of the action agenda;
(iii) Assessing methods for ensuring that the goals and priorities
of the action agenda are given priority when program funding decisions
are made regarding water quality-related projects and activities in the
Puget Sound basin and habitat-related projects and activities in the
Puget Sound basin;
(iv) Modifying funding criteria so that projects, programs, and
activities that are inconsistent with the action agenda are ineligible
for funding;
(v) Assessing ways to incorporate a strategic funding approach for
the action agenda within the outcome-focused performance measures
required by RCW 43.41.270 in administering natural resource-related and
environmentally based grant and loan programs.
NEW SECTION. Sec. 68 RCW 84.52.068 (State levy -- Distribution to
school districts) and 2005 c 514 s 1104, 2003 1st sp.s. c 19 s 1, &
2001 c 3 s 5 are each repealed.
NEW SECTION. Sec. 69 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2009.