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Community => Advocacy, Agencies, Access => Topic started by: bigtex on August 21, 2014, 05:36:18 PM


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Title: Courts Had Been Incorrectly Distributing Specialized Forest Products Law Fines
Post by: bigtex on August 21, 2014, 05:36:18 PM
So long story short, specialized forest product (permits for taking salaal, mushrooms, cedar, selling huckleberries, using a rake to take huckleberries, etc) fines have a special distribution law (RCW 76.48.171.) Fines for these offenses (RCW 76
48) are to be distributed equally amongst the county sheriff, county district court, and the state specialized forest products outreach and education account. This law was last amended in 2009.

WA courts computer systems have a central/statewide system for dictating which account(s) fines go for each offense. Most offenses are distributed under the state default (32% to the state General Fund, 68% county General Fund) however some offenses (such as specialized forest products) have set account(s) where their fines are supposed to go under a special state law.

The problem is that WA courts had the computer system use the state default for all offenses under RCW 76.48, even though WA Courts had in their system the coding for the makeup of the sheriff, court, and outreach/education account. Essentially, WA Courts had a code to use for RCW 76.48 offenses, but they failed to use the code.

How long this error had been going on is unknown.
Title: Re: Courts Had Been Incorrectly Distributing Specialized Forest Products Law Fines
Post by: bigtex on August 21, 2014, 06:15:21 PM
For those wondering why the sheriff's office would receive a portion of the money. Under state law (RCW 76.48.181) the county sheriff is supposed to be the "primary" enforcement responsibility of specialized forest product laws (RCW 76.48), the law then says all other agencies (state, county, city) as well as the US Forest Service can enforce the laws.

I don't really like this because I would bet good money if you were to pull stats to see how many cases were made by county sheriffs offices vs DNR vs WDFW vs USFS, the county SO's would be at the bottom of the list. Yet, under state law the SO's are supposed to be the "primary" agency. So basically DNR/WDFW/USFS do all the work and the SO gets the $.
Title: Re: Courts Had Been Incorrectly Distributing Specialized Forest Products Law Fines
Post by: csaaphill on August 22, 2014, 02:04:07 AM
Maybe just me but your title is a bit confusing.
But your probably right.
What I mean is title makes t sound like the courts or some agency has dristributed forest products. meaning firewood etc.
So I guess the question should be is what is being done to change this?
Should be those that do all the work should get the major part of the money!
Title: Re: Courts Had Been Incorrectly Distributing Specialized Forest Products Law Fines
Post by: bigtex on August 22, 2014, 08:14:59 AM
So I guess the question should be is what is being done to change this?
Well the accounting codes were changed/corrected immediately. So if someone paid a fine today the money would go to the correct place.

As far as money that has already been paid, who knows, but I am willing to bet there won't be any retroactive corrections.  :twocents:
Title: Some Forest Products fines incorrectly distributed, court finds.
Post by: Knocker of rocks on August 22, 2014, 08:29:06 AM
For CSA Phil, cause he's right  :chuckle:
Title: Re: Some Forest Products fines incorrectly distributed, court finds.
Post by: csaaphill on August 23, 2014, 10:00:13 PM
For CSA Phil, cause he's right  :chuckle:
lol naw it's CSA AP Hill
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