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HomeMy WebLinkAboutResolution to amend Resolution 2009-02 Drug Fund (2)BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2018-_______ RESOLUTION AMENDING THE CUMULATIVE RESERVE FUND FOR DRUG ENFORCEMENT ACTIVITIES WHEREAS, RESOLUTION 84-31 established a “Drug Enforcement Reserve Fund” because unlawful drug use and drug trafficking are matters of serious concern to the citizens of Kittitas County; and WHEREAS, RESOLUTION 84-31 established a “Drug Enforcement Reserve Fund” because the Board of Kittitas County Commissioners wished to provide law enforcement with the necessary tools to actively enforce laws against such activities; and WHEREAS, RESOLUTION 81-31 was subsumed by RESOLUTION 2009-02 which repealed Kittitas County Code (KCC) 3.24.050 and vested authority to disperse monies from the fund in the Kittitas County Board of County Commissioners instead of the Court; and WHEREAS, RESOLUTION 2009-02 relied upon the authority of RCW 36.44.020 through RCW 36.44.040 to establish the cumulative fund; and WHEREAS, RCW 36.44.020 through RCW 36.44.040 has since been repealed, and the proper authority should read RCW 36.33.20 through RCW 36.33.40; and WHEREAS, the Kittitas County Board of Commissioners wishes to extend the allowable uses for the fund by allowing the Kittitas County Public Health Department (KCPHD) to petition the Board for use of the fund in the limited circumstances when expenses are incurred as a result of compliance with the statutory requirements under Chapter 64.44 RCW; and WHEREAS, the mechanism for petitioning the Board for use of the funds shall be by resolution; and WHEREAS, the fund shall be reimbursed whenever possible for uses that were sustained as result of compliance with Chapter 64.44 RCW from the restitution monies successfully collected subsequent to a criminal conviction; NOW THEREFORE, BE IT RESOLVED that: 1. Resolution 2009-02 shall be subsumed by this resolution. 2. Reference to RCW 36.44.020 through RCW 36.44.040 is hereby replaced by RCW 36.33.20 through RCW 36.33.40. 3. The cumulative reserve fund established under the authority of RCW 36.33.020 and known as the “Drug Enforcement Reserve Fund” or “Fund 131” shall continue for the purpose of accumulating funds to be used in funding Kittitas County’s local Drug Court, drug enforcement activities carried on by law enforcement agencies in Kittitas County relating to the unlawful possession, manufacture and delivery of controlled substances and legend drugs, and health order compliance and enforcement activities carried on by Kittitas County Public Health Department as required by Chapter 64.44 RCW. Any balance in said fund at the end of a budget year shall not lapse nor shall the same be a surplus which may be used for any purpose other than herein specified, except as provided by law. There shall be deposited to the Drug Enforcement Reserve Fund such money as may be transferred thereto by order of the Board of County Commissioners together with such other money as shall be received from the courts under the provisions of RCW 9.92.060(2)(d) and RCW 9.95.210(2)(e). Funds on deposit in the Drug Enforcement Reserve Fund shall be deposited and invested in the manner prescribed by law for the deposit and investment of County Funds and any income or increase there from shall be paid into the Drug Enforcement Reserve Fund. Funds shall be disbursed from the Fund to the Drug Court, local law enforcement agency, or Kittitas County Public Health Department as authorized by the Board of Kittitas County Commissioners. The “Confidential Narcotics Enforcement Fund” Impress Drug Account, related to Fund #131” shall continue without change as a result of this resolution. DATED this __________ day of ____________________, 2018, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON __________________________________________ Chair __________________________________________ Vice-Chair __________________________________________ Commissioner ATTEST: _____________________________ ☐ Clerk of the Board ☐ Deputy Clerk of the Board