Chapter 4.55
ANTIPROFITEERING REVOLVING FUND

Sections:

4.55.010    Creation of fund.

4.55.020    Revenues.

4.55.030    Disbursements.

4.55.040    Fund maximum.

4.55.050    Accounting function.

4.55.060    Annual Report.

4.55.070    Construction and purpose.

4.55.010 Creation of fund.

There is created the antiprofiteering revolving fund which shall be administered by the prosecuting attorney under the conditions and for the purposes provided in RCW 9A.82.110(4) and this chapter.

(Added Ord. 90-173, November 7, 1990).

4.55.020 Revenues.

(1) Any property, proceeds, contractual right, claim, or other interest forfeited to or otherwise recovered by the county or antiprofiteering revolving fund under chapter 9A.82 RCW, as now existing or hereafter amended, whether by final judgment, settlement, or otherwise, shall be deposited in the antiprofiteering revolving fund.

(2) Any property, proceeds, contractual right, claim, or other interest received by the county after being forfeited to or otherwise recovered by the United States or any state or local government as a result of enforcement of a civil or criminal statute pertaining to any offense included in the definition of criminal profiteering set forth in chapter 9A.82 RCW, as now existing or hereafter amended, whether by final judgment, settlement, or otherwise, shall be deposited, as directed by a court of competent jurisdiction, in the antiprofiteering revolving fund.

(3) In an action brought by the prosecuting attorney on behalf of the county under RCW 9A.82.100(1)(b)(i) in which the county prevails, any payment ordered in excess of the actual damages sustained shall be deposited in the public safety and education account in the state general fund.

(4) Interest and other proceeds from deposit or investment of the antiprofiteering revolving fund shall be deposited in the antiprofiteering revolving fund.

(Added Ord. 90-173, November 7, 1990).

4.55.030 Disbursements.

(1) The monies in the antiprofiteering revolving fund shall be used by the prosecuting attorney for the investigation and prosecution of any offense, within the jurisdiction of the prosecuting attorney, included in the definition of criminal profiteering set forth in chapter 9A.82 RCW, as now existing or hereafter amended, including civil enforcement.

(2) Disbursements from the antiprofiteering revolving fund shall be on authorization of the prosecuting attorney. No appropriation is required for disbursements, as provided in RCW 9A.82.110.

(Added Ord. 90-173, November 4, 1990).

4.55.040 Fund maximum.

(1) The maximum level of monies in the antiprofiteering revolving fund shall be $500,000.

(2) Monies exceeding the maximum level shall be transferred to the current expense fund.

(Added Ord. 90-173, November 7, 1990).

4.55.050 Accounting function.

(1) The department of budget and finance shall perform accounting procedures as required by law for administration of the antiprofiteering revolving fund.

(2) The county executive shall designate a fund manager, whose name and title shall appear on the master list of fund managers maintained in the department of budget and finance, to manage the antiprofiteering revolving fund under the direction of the prosecuting attorney. Any responsibilities relating to appropriations set out in SCC 4.05.050 shall not apply to the fund manager.

(Added Ord. 90-173, November 7, 1990).

4.55.060 Annual Report.

The county executive shall in the preliminary budget submitted to the county council under the county charter and SCC 4.26.020 report the assets of the antiprofiteering revolving fund and estimate the additional revenues, if any, to be deposited before the end of the next budget year. Except as provided in this section, chapter 4.26 SCC shall not apply to the antiprofiteering revolving fund.

(Added Ord. 90-173, November 7, 1990).

4.55.070 Construction and purpose.

This chapter shall be liberally construed to make monies available for the investigation and prosecution of criminal profiteering, including civil enforcement, as determined appropriate by the prosecuting attorney.

(Added Ord. 90-173, November 7, 1990).