H-2368.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 1927

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By House Committee on Local Government (originally sponsored by Representatives Nelson, Brough, Haugen and Holland).

 

Read first time March 6, 1991.  Changing provisions relating to assumption of metropolitan municipal corporation functions by a county.


     AN ACT Relating to metropolitan municipal corporations; amending RCW 36.56.010 and 36.56.040; and repealing RCW 36.56.020, 36.56.030, and 36.56.900.

 

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

 

     Sec. 1.  RCW 36.56.010 and 1977 ex.s. c 277 s 1 are each amended to read as follows:

     ((Any class AA or class A county in which a metropolitan municipal corporation has been established pursuant to chapter 35.58 RCW with boundaries coterminous with the boundaries of the county may by ordinance or resolution, as the case may be, of the county legislative authority)) On April 3, 1992, a county with a population of one million or more that is coterminous with a metropolitan municipal corporation shall assume the rights, powers, functions, and obligations of such metropolitan municipal corporation in accordance with the provisions of this ((1977 amendatory act)) chapter, if the county operates under a county "home rule" charter containing provisions providing a mechanism for city governments within the county to have a role in regional decisions within the county.  The definitions contained in RCW 35.58.020 shall be applicable to this chapter.

 

     Sec. 2.  RCW 36.56.040 and 1977 ex.s. c 277 s 4 are each amended to read as follows:

     ((If, from the testimony given before the county legislative authority, it appears that the public interest or welfare would be satisfied by the county assuming the rights, powers, functions, and obligations of the metropolitan municipal corporation, the county legislative authority may declare that to be its intent and assume such rights, powers, functions, and obligations by ordinance or resolution, as the case may be, providing that the county shall be vested with every right, power, function, and obligation currently granted to or possessed by the metropolitan municipal corporation pursuant to chapter 35.58 RCW (including RCW 35.58.273 relating to levy and use of the motor vehicle excise tax) or other provision of state law, including but not limited to, the power and authority to levy a sales and use tax pursuant to chapter 82.14 RCW or other provision of law:  PROVIDED, That such ordinance or resolution shall be submitted to the voters of the county for their adoption and ratification or rejection, and if a majority of the persons voting on the proposition residing within the central city shall vote in favor thereof and a majority of the persons voting on the proposition residing in the metropolitan area outside of the central city shall vote in favor thereof, the ordinance or resolution shall be deemed adopted and ratified.))

     Upon assumption of the rights, powers, functions, and obligations of the metropolitan municipal corporation by the county, the metropolitan council established pursuant to the provisions of RCW 35.58.120 through 35.58.160 shall be abolished, said provisions shall be inapplicable to the county, and the county legislative authority shall thereafter be vested with all rights, powers, duties, and obligations otherwise vested by law in the metropolitan council:  PROVIDED, That in any county with a home rule charter such rights, powers, functions, and obligations shall vest in accordance with the executive and legislative responsibilities defined in such charter.

 

     NEW SECTION.  Sec. 3.      The following acts or parts of acts are each repealed:

     (1) RCW 36.56.020 and 1977 ex.s. c 277 s 2;

     (2) RCW 36.56.030 and 1977 ex.s. c 277 s 3; and

     (3) RCW 36.56.900 and 1977 ex.s. c 277 s 14.