AN ACT Relating to
cities and towns; amending RCW 35.16.010, 35.16.020, 35.16.030, 35.16.040,
35.16.050, 35.22.288, 35.23.310, 35.23.352, 35.24.220, 35.27.010, 35.27.300,
35.30.018, 35A.12.160, 42.24.180, 65.16.160, 68.24.180, 74.15.020, 82.14.330,
and 41.16.050; adding a new section to chapter 35.16 RCW; adding a new section
to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new
section to chapter 36.70A RCW; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35.16.010 and 1965 c
7 s 35.16.010 are each amended to read as follows:
Upon the filing of a
petition ((praying for an election to submit the question of excluding))
which is sufficient as determined by RCW 35A.01.040 requesting the exclusion
from the boundaries of a city or town of an area described by metes and
bounds or by reference to a recorded plat or government survey ((from the
boundaries of a city or town)), signed by qualified voters ((thereof))
of the city or town equal in number to not less than ((one-fifth))
ten percent of the number of ((votes cast)) voters voting
at the last general municipal election, the city or town ((council))
legislative body shall ((cause to be submitted)) submit
the question to the voters ((by a special election held for that purpose.
Such special election shall not be held within ninety days next preceding any
general election)). As an alternate method, the legislative body of the
city or town may by resolution submit a proposal to the voters for excluding
such a described area from the boundaries of the city or town. The question
shall be submitted at the next general municipal election if one is to be held
within one hundred eighty days or at a special election called for that purpose
not less than ninety days nor more than one hundred eighty days after the
certification of sufficiency of the petition or the passage of the resolution.
The petition or resolution shall set out and describe the territory to
be excluded from the ((corporation)) city or town, together with
the boundaries of the ((said corporation)) city or town as it
will exist after such change is made.
Sec. 2. RCW 35.16.020 and 1985 c
469 s 19 are each amended to read as follows:
Notice of a ((special))
corporate limit reduction election shall be published ((for)) at least
((four)) once each week for two consecutive weeks prior to the
election in the official newspaper of the city or town. The notice shall
distinctly state the proposition to be submitted, shall designate specifically
the area proposed to be excluded and the boundaries of the city or town as they
would be after the proposed exclusion of territory therefrom ((and shall
require the voters to cast ballots which)). The ballots shall
contain the words "For reduction of ((corporate)) city
limits" and "Against reduction of ((corporate)) city
limits" or words equivalent thereto. ((This notice shall be in
addition to the notice required by chapter 29.27 RCW.))
Sec. 3. RCW 35.16.030 and 1965 c
7 s 35.16.030 are each amended to read as follows:
((On the Monday next
succeeding a special corporate limit reduction election, the canvassing
authority shall proceed to canvass the returns thereof and)) The
election returns shall be canvassed as provided in RCW 29.13.040. If
three-fifths of the votes cast on the proposition favor the reduction of
the corporate limits, the ((council)) legislative body of the city or
town, by an order entered on its minutes, shall ((cause)) direct
the clerk to make and transmit to the office of the secretary of state a
certified abstract of the vote. The abstract shall show the ((whole)) total
number of ((electors)) voters voting, the number of votes cast
for reduction and the number of votes cast against reduction.
Sec. 4. RCW 35.16.040 and 1965 c
7 s 35.16.040 are each amended to read as follows:
((Immediately)) Promptly
after the filing of the abstract of votes with the office of the
secretary of state, the legislative body of the city or town ((council))
shall adopt an ordinance defining and fixing the corporate limits after
excluding the area as determined by the election. The ordinance shall also
describe the excluded territory by metes and bounds or by reference to a
recorded plat or government survey and declare it no longer a part of the city
or town.
Sec. 5. RCW 35.16.050 and 1965 c
7 s 35.16.050 are each amended to read as follows:
((Immediately upon))
A certified copy of the ordinance defining the reduced city or town
limits ((going into effect, a certified copy thereof)) together with a
map showing the corporate limits as altered shall be filed and recorded in the
office of the county auditor of the county in which the city or town is
situated, ((and thereupon the boundaries shall be as set forth therein))
upon the effective date of the ordinance. The new boundaries of the city or
town shall take effect immediately after they are filed and recorded with the
county auditor.
NEW SECTION. Sec.
6. A new section is added
to chapter 35.16 RCW to read as follows:
In regard to franchises
previously granted for operation of any public service business or facility
within the territory excluded from a city or town by proceedings under this
chapter, the rights, obligations, and duties of the legislative body of the
county or other political subdivision having jurisdiction over such territory
and of the franchise holder shall be as provided in RCW 35.02.160, relating to
inclusion of territory by an incorporation.
Sec. 7. RCW 35.22.288 and 1988 c
168 s 1 are each amended to read as follows:
Promptly after
adoption, the text of each ordinance or a summary of the content of each
ordinance shall be published at least once in the official newspaper of the
city. For purposes of this section, a summary shall mean a brief description
which succinctly describes the main points of the ordinance. Publication of
the title of an ordinance authorizing the issuance of bonds, notes, or other
evidences of indebtedness shall constitute publication of a summary of that
ordinance. When the city publishes a summary, the publication shall
include a statement that the full text of the ordinance will be mailed upon
request.
An inadvertent mistake
or omission in publishing the text or a summary of the content of an ordinance
shall not render the ordinance invalid.
In addition to the
requirement that a city publish the text or a summary of the content of each
adopted ordinance, every city shall establish a procedure for notifying the
public of upcoming hearings and the preliminary agenda for the forthcoming
council meeting. Such procedure may include, but not be limited to, written
notification to the city's official newspaper, publication of a notice in the
official newspaper, posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this requirement.
Sec. 8. RCW 35.23.310 and 1988 c
168 s 2 are each amended to read as follows:
Promptly after
adoption, the text of each ordinance or a summary of the content of each
ordinance shall be published at least once in the official newspaper of the
city. For purposes of this section, a summary shall mean a brief description
which succinctly describes the main points of the ordinance. Publication of
the title of an ordinance authorizing the issuance of bonds, notes, or other
evidences of indebtedness shall constitute publication of a summary of that
ordinance. When the city publishes a summary, the publication shall
include a statement that the full text of the ordinance will be mailed upon
request.
An inadvertent mistake
or omission in publishing the text or a summary of the content of an ordinance
shall not render the ordinance invalid.
In addition to the
requirement that a city publish the text or a summary of the content of each
adopted ordinance, every city shall establish a procedure for notifying the
public of upcoming hearings and the preliminary agenda for the forthcoming
council meeting. Such procedure may include, but not be limited to, written
notification to the city's official newspaper, publication of a notice in the
official newspaper, posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this requirement.
A certified copy of any
ordinance certified to by the clerk, or a printed copy of any ordinance or
compilation printed by authority of the city council and attested by the clerk
shall be competent evidence in any court.
Sec. 9. RCW 35.23.352 and 1993 c
198 s 10 are each amended to read as follows:
(1) Any second or third
class city or any town may construct any public works, as defined in RCW
39.04.010, by contract or day labor without calling for bids therefor whenever
the estimated cost of the work or improvement, including cost of materials,
supplies and equipment will not exceed the sum of thirty thousand dollars if
more than one craft or trade is involved with the public works, or twenty
thousand dollars if a single craft or trade is involved with the public works
or the public works project is street signalization or street lighting. A
public works project means a complete project. The restrictions in this
subsection do not permit the division of the project into units of work or
classes of work to avoid the restriction on work that may be performed by day
labor on a single project.
Whenever the cost of
the public work or improvement, including materials, supplies and equipment,
will exceed these figures, the same shall be done by contract. All such
contracts shall be let at public bidding upon publication of notice calling for
sealed bids upon the work. The notice shall be published in the official newspaper,
or a newspaper of general circulation most likely to bring responsive bids, at
least thirteen days prior to the last date upon which bids will be received.
The notice shall generally state the nature of the work to be done that plans
and specifications therefor shall then be on file in the city or town hall for
public inspections, and require that bids be sealed and filed with the council
or commission within the time specified therein. Each bid shall be accompanied
by a bid proposal deposit in the form of a cashier's check, postal money order,
or surety bond to the council or commission for a sum of not less than five
percent of the amount of the bid, and no bid shall be considered unless
accompanied by such bid proposal deposit. The council or commission of the city
or town shall let the contract to the lowest responsible bidder or shall have
power by resolution to reject any or all bids and to make further calls for
bids in the same manner as the original call.
When the contract is
let then all bid proposal deposits shall be returned to the bidders except that
of the successful bidder which shall be retained until a contract is entered
into and a bond to perform the work furnished, with surety satisfactory to the
council or commission, in accordance with RCW 39.08.030. If the bidder fails
to enter into the contract in accordance with his or her bid and furnish a bond
within ten days from the date at which he or she is notified that he or she is
the successful bidder, the check or postal money order and the amount thereof
shall be forfeited to the council or commission or the council or commission
shall recover the amount of the surety bond.
If no bid is received
on the first call the council or commission may readvertise and make a second
call, or may enter into a contract without any further call or may purchase the
supplies, material or equipment and perform the work or improvement by day
labor.
(2) The allocation of
public works projects to be performed by city or town employees shall not be subject
to a collective bargaining agreement.
(3) In lieu of the
procedures of subsection (1) of this section, a second or third class city or a
town may use ((a)) the small works roster process ((and)) provided
in RCW 39.04.155 to award public works contracts with an estimated value of
one hundred thousand dollars or less ((as provided in RCW 39.04.155)).
Whenever possible, the
city or town shall invite at least one proposal from a minority or woman
contractor who shall otherwise qualify under this section.
(4) After September 1,
1987, each second class city, third class city, and town shall use the form required
by RCW 43.09.205 to account and record costs of public works in excess of five
thousand dollars that are not let by contract.
(5) The cost of a
separate public works project shall be the costs of the materials, equipment,
supplies, and labor on that construction project.
(6) Any purchase of
supplies, material, or equipment ((or services other than
professional services)), except for public work or improvement, where the
cost thereof exceeds seven thousand five hundred dollars shall be made upon call
for bids.
(7) Bids shall be
called annually and at a time and in the manner prescribed by ordinance for the
publication in a newspaper of general circulation in the city or town of all
notices or newspaper publications required by law. The contract shall be
awarded to the lowest responsible bidder.
(8) For advertisement
and formal sealed bidding to be dispensed with as to purchases between seven
thousand five hundred and fifteen thousand dollars, the city legislative
authority must authorize by resolution, use of the uniform procedure provided
in RCW 39.04.190.
(9) These requirements
for purchasing may be waived by resolution of the city or town council which
declared that the purchase is clearly and legitimately limited to a single
source or supply within the near vicinity, or the materials, supplies,
equipment, or services are subject to special market conditions, and recites
why this situation exists. Such actions are subject to RCW 39.30.020.
(10) This section does
not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that
are negotiated under chapter 39.35A RCW.
(11) Nothing in this
section shall prohibit any second or third class city or any town from allowing
for preferential purchase of products made from recycled materials or products
that may be recycled or reused.
Sec. 10. RCW 35.24.220 and 1988 c
168 s 4 are each amended to read as follows:
Promptly after
adoption, the text of each ordinance or a summary of the content of each
ordinance shall be published at least once in the city's official newspaper.
For purposes of this
section, a summary shall mean a brief description which succinctly describes
the main points of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences of indebtedness
shall constitute publication of a summary of that ordinance. When the city
publishes a summary, the publication shall include a statement that the full
text of the ordinance will be mailed upon request.
An inadvertent mistake
or omission in publishing the text or a summary of the content of an ordinance
shall not render the ordinance invalid.
In addition to the
requirement that a city publish the text or a summary of the content of each
adopted ordinance, every city shall establish a procedure for notifying the
public of upcoming hearings and the preliminary agenda for the forthcoming
council meeting. Such procedure may include, but not be limited to, written
notification to the city's official newspaper, publication of a notice in the
official newspaper, posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this requirement.
Sec. 11. RCW 35.27.010 and 1965 c
7 s 35.27.010 are each amended to read as follows:
Every municipal
corporation of the fourth class shall be entitled the "Town of
. . . . . . . . ." (naming it),
and by such name shall have perpetual succession, may sue, and be sued in all
courts and places, and in all proceedings whatever; shall have and use a common
seal, alterable at the pleasure of the town authorities, and may purchase,
lease, receive, hold, and enjoy real and personal property and control ((and)),
lease, sublease, convey, or otherwise dispose of the same for the common
benefit.
Sec. 12. RCW 35.27.300 and 1988 c
168 s 5 are each amended to read as follows:
Promptly after
adoption, the text of each ordinance or a summary of the content of each ordinance
shall be published at least once in the official newspaper of the town.
For purposes of this
section, a summary shall mean a brief description which succinctly describes
the main points of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences of indebtedness
shall constitute publication of a summary of that ordinance. When the town
publishes a summary, the publication shall include a statement that the full
text of the ordinance will be mailed upon request.
An inadvertent mistake
or omission in publishing the text or a summary of the content of an ordinance
shall not render the ordinance invalid.
In addition to the
requirement that a town publish the text or a summary of the content of each
adopted ordinance, every town shall establish a procedure for notifying the
public of upcoming hearings and the preliminary agenda for the forthcoming
council meeting. Such procedure may include, but not be limited to, written
notification to the town's official newspaper, publication of a notice in the
official newspaper, posting of upcoming council meeting agendas, or such other
processes as the town determines will satisfy the intent of this requirement.
Sec. 13. RCW 35.30.018 and 1988 c
168 s 6 are each amended to read as follows:
Promptly after
adoption, the text of each ordinance or a summary of the content of each
ordinance shall be published at least once in the official newspaper of the
city.
For purposes of this
section, a summary shall mean a brief description which succinctly describes
the main points of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences of indebtedness
shall constitute publication of a summary of that ordinance. When the city
publishes a summary, the publication shall include a statement that the full
text of the ordinance will be mailed upon request.
An inadvertent mistake
or omission in publishing the text or a summary of the content of an ordinance
shall not render the ordinance invalid.
In addition to the
requirement that a city publish the text or a summary of the content of each
adopted ordinance, every city shall establish a procedure for notifying the
public of upcoming hearings and the preliminary agenda for the forthcoming
council meeting. Such procedure may include, but not be limited to, written
notification to the city's official newspaper, publication of a notice in the
official newspaper, posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this requirement.
NEW SECTION. Sec.
14. A new section is added
to chapter 35.63 RCW to read as follows:
No city may enact,
enforce, or maintain an ordinance, development regulation, zoning regulation,
or official control, policy, or administrative practice which prohibits the use
of a residential dwelling, located in an area zoned for residential or
commercial use, as a family day-care provider's home facility.
A city may require that
the facility: (1) Comply with all building, fire, safety, health code, and
business licensing requirements; (2) conform to lot size, building size,
setbacks, and lot coverage standards applicable to the zoning district except
if the structure is a legal nonconforming structure; (3) is certified by the
state department of licensing as providing a safe passenger loading area; (4)
include signage, if any, that conforms to applicable regulations; and (5) limit
hours of operations to facilitate neighborhood compatibility, while also
providing appropriate opportunity for persons who use family day-care and who
work a nonstandard work shift.
A city may also require
that the family day-care provider, before state licensing, require proof of
written notification by the provider that the immediately adjoining property
owners have been informed of the intent to locate and maintain such a
facility. If a dispute arises between neighbors and the family day-care
provider over licensing requirements, the licensor may provide a forum to
resolve the dispute.
Nothing in this section
shall be construed to prohibit a city from imposing zoning conditions on the
establishment and maintenance of a family day-care provider's home in an area
zoned for residential or commercial use, so long as such conditions are no more
restrictive than conditions imposed on other residential dwellings in the same
zone and the establishment of such facilities is not precluded. As used in
this section, "family day-care provider" is as defined in RCW
74.15.020.
Sec. 15. RCW 35A.12.160 and 1988
c 168 s 7 are each amended to read as follows:
Promptly after
adoption, the text of each ordinance or a summary of the content of each
ordinance shall be published at least once in the city's official newspaper.
For purposes of this
section, a summary shall mean a brief description which succinctly describes
the main points of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences of indebtedness
shall constitute publication of a summary of that ordinance. When the city
publishes a summary, the publication shall include a statement that the full
text of the ordinance will be mailed upon request.
An inadvertent mistake
or omission in publishing the text or a summary of the content of an ordinance
shall not render the ordinance invalid.
In addition to the
requirement that a city publish the text or a summary of the content of each
adopted ordinance, every city shall establish a procedure for notifying the
public of upcoming hearings and the preliminary agenda for the forthcoming
council meeting. Such procedure may include, but not be limited to, written
notification to the city's official newspaper, publication of a notice in the
official newspaper, posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this requirement.
NEW SECTION. Sec.
16. A new section is added
to chapter 35A.63 RCW to read as follows:
No city may enact,
enforce, or maintain an ordinance, development regulation, zoning regulation,
or official control, policy, or administrative practice which prohibits the use
of a residential dwelling, located in an area zoned for residential or
commercial use, as a family day-care provider's home facility.
A city may require that
the facility: (1) Comply with all building, fire, safety, health code, and
business licensing requirements; (2) conform to lot size, building size,
setbacks, and lot coverage standards applicable to the zoning district except
if the structure is a legal nonconforming structure; (3) is certified by the
state department of licensing as providing a safe passenger loading area; (4)
include signage, if any, that conforms to applicable regulations; and (5) limit
hours of operations to facilitate neighborhood compatibility, while also
providing appropriate opportunity for persons who use family day-care and who
work a nonstandard work shift.
A city may also require
that the family day-care provider, before state licensing, require proof of
written notification by the provider that the immediately adjoining property
owners have been informed of the intent to locate and maintain such a
facility. If a dispute arises between neighbors and the family day-care
provider over licensing requirements, the licensor may provide a forum to
resolve the dispute.
Nothing in this section
shall be construed to prohibit a city from imposing zoning conditions on the
establishment and maintenance of a family day-care provider's home in an area
zoned for residential or commercial use, so long as such conditions are no more
restrictive than conditions imposed on other residential dwellings in the same
zone and the establishment of such facilities is not precluded. As used in
this section, "family day-care provider" is as defined in RCW
74.15.020.
NEW SECTION. Sec.
17. A new section is added
to chapter 36.70A RCW to read as follows:
No city that plans or
elects to plan under this chapter may enact, enforce, or maintain an ordinance,
development regulation, zoning regulation, or official control, policy, or
administrative practice which prohibits the use of a residential dwelling, located
in an area zoned for residential or commercial use, as a family day-care
provider's home facility.
A city may require that
the facility: (1) Comply with all building, fire, safety, health code, and
business licensing requirements; (2) conform to lot size, building size,
setbacks, and lot coverage standards applicable to the zoning district except
if the structure is a legal nonconforming structure; (3) is certified by the
state department of licensing as providing a safe passenger loading area; (4) include
signage, if any, that conforms to applicable regulations; and (5) limit hours
of operations to facilitate neighborhood compatibility, while also providing
appropriate opportunity for persons who use family day-care and who work a
nonstandard work shift.
A city may also require
that the family day-care provider, before state licensing, require proof of
written notification by the provider that the immediately adjoining property
owners have been informed of the intent to locate and maintain such a facility.
If a dispute arises between neighbors and the family day-care provider over
licensing requirements, the licensor may provide a forum to resolve the
dispute.
Nothing in this section
shall be construed to prohibit a city that plans or elects to plan under this
chapter from imposing zoning conditions on the establishment and maintenance of
a family day-care provider's home in an area zoned for residential or
commercial use, so long as such conditions are no more restrictive than
conditions imposed on other residential dwellings in the same zone and the
establishment of such facilities is not precluded. As used in this section,
"family day-care provider" is as defined in RCW 74.15.020.
Sec. 18. RCW 42.24.180 and 1984 c
128 s 11 are each amended to read as follows:
In order to expedite
the payment of claims, the legislative body of any taxing district, as defined
in RCW 43.09.260, may authorize the issuance of warrants or checks in payment
of claims after the provisions of this chapter have been met and after the
officer designated by statute, or, in the absence of statute, an appropriate
charter provision, ordinance, or resolution of the taxing district, has signed
the checks or warrants, but before the legislative body has acted to approve
the claims. The legislative body may stipulate that certain kinds or amounts
of claims shall not be paid before the board has reviewed the supporting
documentation and approved the issue of checks or warrants in payment of those
claims. However, all of the following conditions shall be met before the
payment:
(1) The auditing
officer and the officer designated to sign the checks or warrants shall each be
required to furnish an official bond for the faithful discharge of his or her
duties in an amount determined by the legislative body but not less than fifty
thousand dollars;
(2) The legislative
body shall adopt contracting, hiring, purchasing, and disbursing policies that
implement effective internal control;
(3) The legislative
body shall provide for its review of the documentation supporting claims paid
and for its approval of all checks or warrants issued in payment of claims at
its next regularly scheduled public meeting or, for cities and towns, at a
regularly scheduled public meeting within one month of issuance; and
(4) The legislative
body shall require that if, upon review, it disapproves some claims, the
auditing officer and the officer designated to sign the checks or warrants
shall jointly cause the disapproved claims to be recognized as receivables of
the taxing district and to pursue collection diligently until the amounts
disapproved are collected or until the legislative body is satisfied and
approves the claims.
Sec. 19. RCW 65.16.160 and 1977 c
34 s 4 are each amended to read as follows:
(1) Whenever any
county, city, or town is required by law to publish legal notices containing
the full text of any proposed or adopted ordinance in a newspaper, the county,
city, or town may publish a summary of the ordinance which summary shall be
approved by the governing body and which shall include:
(a) The name of the
county, city, or town;
(b) The formal
identification or citation number of the ordinance;
(c) A descriptive
title;
(d) A section-by-section
summary;
(e) Any other
information which the county, city, or town finds is necessary to provide a
complete summary; and
(f) A statement that
the full text will be mailed upon request.
Publication of the
title of an ordinance by a city or town authorizing the issuance of bonds,
notes, or other evidences of indebtedness shall constitute publication of a
complete summary of that ordinance, and a section-by-section summary shall not
be required.
(2) Subsection (1) of
this section notwithstanding, whenever any publication is made under this
section and the proposed or adopted ordinance contains provisions regarding
taxation or penalties or contains legal descriptions of real property, then the
sections containing this matter shall be published in full and shall not be
summarized. When a legal description of real property is involved, the notice
shall also include the street address or addresses of the property described,
if any. In the case of descriptions covering more than one street address, the
street addresses of the four corners of the area described shall meet this
requirement.
(3) The full text of
any ordinance which is summarized by publication under this section shall be
mailed without charge to any person who requests the text from the adopting
county, city, or town.
Sec. 20. RCW 68.24.180 and 1984 c
7 s 369 are each amended to read as follows:
After dedication under
this title, and as long as the property remains dedicated to cemetery purposes,
a railroad, street, road, alley, pipe line, pole line, or other public
thoroughfare or utility shall not be laid out, through, over, or across any
part of it without the consent of the cemetery authority owning and operating
it, or of not less than two-thirds of the owners of interment plots:
PROVIDED HOWEVER, That a city of under twenty thousand may initiate, prior to
January 1, 1995, an action to condemn cemetery property if the purpose is to
further improve an existing street, or other public improvement and the
proposed improvement does not interfere with existing interment plots
containing human remains. ((However, so long as the action is commenced
prior to March 31, 1961, the department of transportation may condemn for state
highway purposes for Primary State Highway No. 14 in the vicinity of Gig Harbor
land in any burial ground or cemetery in the following cases: (1) Where no
organized or known authority is in charge of any such cemetery, or (2) where
the necessary consent cannot be obtained and the court finds that
considerations of highway safety necessitate the taking of the land. A
judgment entered in the condemnation proceedings shall require that before an
entry is made on the land condemned for state highway purposes, the state
shall, at its own expense, remove or cause to be removed from the land any
bodies buried therein and suitably reinter them elsewhere to the satisfaction
of relatives, if they can be found.))
Sec. 21. RCW 74.15.020 and 1991 c
128 s 14 are each amended to read as follows:
For the purpose of
chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by
the context thereof, the following terms shall mean:
(1)
"Department" means the state department of social and health
services;
(2)
"Secretary" means the secretary of social and health services;
(3) "Agency"
means any person, firm, partnership, association, corporation, or facility
which receives children, expectant mothers, or persons with developmental
disabilities for control, care, or maintenance outside their own homes, or
which places, arranges the placement of, or assists in the placement of
children, expectant mothers, or persons with developmental disabilities for
foster care or placement of children for adoption, and shall include the
following irrespective of whether there is compensation to the agency or to the
children, expectant mothers or persons with developmental disabilities for
services rendered:
(a) "Group-care
facility" means an agency, other than a foster-family home, which is
maintained and operated for the care of a group of children on a twenty-four
hour basis;
(b) "Child-placing
agency" means an agency which places a child or children for temporary
care, continued care, or for adoption;
(c) "Maternity service"
means an agency which provides or arranges for care or services to expectant
mothers, before or during confinement, or which provides care as needed to
mothers and their infants after confinement;
(d) "Day-care
center" means an agency which regularly provides care for a group of
children for periods of less than twenty-four hours;
(e) "Family
day-care provider" means a licensed day-care provider who regularly
provides day care for not more than twelve children in the provider's home in
the family living quarters;
(f)
"Foster-family home" means an agency which regularly provides care on
a twenty-four hour basis to one or more children, expectant mothers, or persons
with developmental disabilities in the family abode of the person or persons
under whose direct care and supervision the child, expectant mother, or person
with a developmental disability is placed;
(((f))) (g)
"Crisis residential center" means an agency which is a temporary
protective residential facility operated to perform the duties specified in
chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.
(4) "Agency"
shall not include the following:
(a) Persons related by
blood or marriage to the child, expectant mother, or persons with developmental
disabilities in the following degrees: Parent, grandparent, brother, sister,
stepparent, stepbrother, stepsister, uncle, aunt, and/or first cousin;
(b) Persons who are
legal guardians of the child, expectant mother, or persons with developmental
disabilities;
(c) Persons who care
for a neighbor's or friend's child or children, with or without compensation,
where the person does not engage in such activity on a regular basis, or where
parents on a mutually cooperative basis exchange care of one another's
children, or persons who have the care of an exchange student in their own
home;
(d) A person,
partnership, corporation, or other entity that provides placement or similar
services to exchange students or international student exchange visitors;
(e) Nursery schools or kindergartens
which are engaged primarily in educational work with preschool children and in
which no child is enrolled on a regular basis for more than four hours per day;
(f) Schools, including
boarding schools, which are engaged primarily in education, operate on a
definite school year schedule, follow a stated academic curriculum, accept only
school-age children and do not accept custody of children;
(g) Seasonal camps of
three months' or less duration engaged primarily in recreational or educational
activities;
(h) Hospitals licensed
pursuant to chapter 70.41 RCW when performing functions defined in chapter
70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes
licensed under chapter 18.20 RCW;
(i) Licensed physicians
or lawyers;
(j) Facilities
providing care to children for periods of less than twenty-four hours whose
parents remain on the premises to participate in activities other than
employment;
(k) Facilities approved
and certified under chapter 71A.22 RCW;
(l) Any agency having
been in operation in this state ten years prior to June 8, 1967, and not
seeking or accepting moneys or assistance from any state or federal agency, and
is supported in part by an endowment or trust fund;
(m) Persons who have a
child in their home for purposes of adoption, if the child was placed in such
home by a licensed child-placing agency, an authorized public or tribal agency
or court or if a replacement report has been filed under chapter 26.33 RCW and
the placement has been approved by the court;
(n) An agency operated
by any unit of local, state, or federal government or an agency, located within
the boundaries of a federally recognized Indian reservation, licensed by the
Indian tribe;
(o) An agency located
on a federal military reservation, except where the military authorities
request that such agency be subject to the licensing requirements of this
chapter.
(5)
"Requirement" means any rule, regulation or standard of care to be
maintained by an agency.
Sec. 22. RCW 82.14.330 and 1993
sp.s. c 21 s 3 are each amended to read as follows:
(1) The moneys
deposited in the municipal criminal justice assistance account for distribution
under this section shall be distributed to the cities of the state as follows:
(a) Twenty percent
appropriated for distribution shall be distributed to cities with a three-year
average violent crime rate for each one thousand in population in excess of one
hundred fifty percent of the state-wide three-year average violent crime rate
for each one thousand in population. The three-year average violent crime rate
shall be calculated using the violent crime rates for each of the preceding
three years from the annual reports on crime in Washington state as published
by the Washington association of sheriffs and police chiefs. Moneys shall be
distributed under this subsection (1)(a) ratably based on population as last
determined by the office of financial management, but no city may receive more
than one dollar per capita. Moneys remaining undistributed under this
subsection at the end of each calendar year shall be distributed to the
criminal justice training commission to reimburse participating city law
enforcement agencies with ten or fewer full-time commissioned patrol officers
the cost of temporary replacement of each officer who is enrolled in basic law
enforcement training, as provided in RCW 43.101.200.
(b) Sixteen percent
shall be distributed to cities ratably based on population as last determined
by the office of financial management, but no city may receive less than one
thousand dollars.
The moneys deposited in
the municipal criminal justice assistance account for distribution under this
subsection shall be distributed at such times as distributions are made under
RCW 82.44.150.
Moneys distributed
under this subsection shall be expended exclusively for criminal justice
purposes and shall not be used to replace or supplant existing funding.
Criminal justice purposes are defined as activities that substantially assist
the criminal justice system, which may include circumstances where ancillary
benefit to the civil justice system occurs, and which includes domestic
violence services such as those provided by domestic violence programs,
community advocates, and legal advocates, as defined in RCW 70.123.020.
Existing funding for purposes of this subsection is defined as calendar year
1989 actual operating expenditures for criminal justice purposes. Calendar
year 1989 actual operating expenditures for criminal justice purposes exclude
the following: Expenditures for extraordinary events not likely to reoccur,
changes in contract provisions for criminal justice services, beyond the
control of the local jurisdiction receiving the services, and major
nonrecurring capital expenditures.
(2) In addition to the
distributions under subsection (1) of this section:
(a) Fourteen percent
shall be distributed to cities that have initiated innovative law enforcement
strategies, including alternative sentencing and crime prevention programs. No
city may receive more than one dollar per capita under this subsection (2)(a).
(b) Twenty percent
shall be distributed to cities that have initiated programs to help at-risk
children or child abuse victim response programs. No city may receive more
than fifty cents per capita under this subsection (2)(b).
(c) Twenty percent
shall be distributed to cities that have initiated programs designed to reduce
the level of domestic violence within their jurisdictions or to provide
counseling for domestic violence victims. No city may receive more than fifty
cents per capita under this subsection (2)(c).
(d) Ten percent shall
be distributed to cities that contract with another governmental agency for a
majority of the city's law enforcement services.
Moneys distributed
under this subsection shall be distributed to those cities that submit funding
requests under this subsection to the department of community, trade, and
economic development based on criteria developed under RCW 82.14.335.
Allocation of funds shall be in proportion to the population of qualified
jurisdictions, but the distribution to a city shall not exceed the amount of
funds requested. Cities shall submit requests for program funding to the
department of community, trade, and economic development by November 1
of each year for funding the following year. The department shall certify to
the state treasurer the cities eligible for funding under this subsection and
the amount of each allocation.
((One-half of the
moneys distributed under (a) through (d) of this subsection shall be
distributed on March 1st and the remaining one-half of the moneys shall be
distributed on September 1st)) The moneys deposited in the municipal
criminal justice assistance account for distribution under this subsection
shall be distributed at the times as distributions are made under RCW 82.44.150.
Moneys remaining undistributed under this subsection at the end of each
calendar year shall be distributed to the criminal justice training commission
to reimburse participating city law enforcement agencies with ten or fewer
full-time commissioned patrol officers the cost of temporary replacement of
each officer who is enrolled in basic law enforcement training, as provided in
RCW 43.101.200.
If a city is found by
the state auditor to have expended funds received under this subsection in a
manner that does not comply with the criteria under which the moneys were
received, the city shall be ineligible to receive future distributions under
this subsection until the use of the moneys are justified to the satisfaction
of the director or are repaid to the state general fund. The director may
allow noncomplying use of moneys received under this subsection upon a showing
of hardship or other emergent need.
(3) Notwithstanding
other provisions of this section, the distributions to any city that
substantially decriminalizes or repeals its criminal code after July 1, 1990,
and that does not reimburse the county for costs associated with criminal cases
under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the
city is located.
Sec. 23. RCW 41.16.050 and 1986 c
296 s 3 are each amended to read as follows:
There is hereby created
and established in the treasury of each municipality a fund which shall be
known and designated as the firemen's pension fund, which shall consist of:
(1) All bequests, fees, gifts, emoluments, or donations given or paid
thereto; (2) forty-five percent of all moneys received by the state from taxes
on fire insurance premiums; (3) taxes paid pursuant to the provisions of RCW
41.16.060; (4) interest on the investments of the fund; and (5) contributions
by ((firemen)) fire fighters as provided for herein. The moneys
received from the tax on fire insurance premiums under the provisions of this
chapter shall be distributed in the proportion that the number of paid ((firemen))
fire fighters in the city, town, or fire protection district bears
to the total number of paid ((firemen)) fire fighters throughout
the state to be ascertained in the following manner: The secretary of the
firemen's pension board of each city, town, and fire protection district
now or hereafter coming under the provisions of this chapter shall within
thirty days after June 7, 1961, and on or before the fifteenth day of January
thereafter, certify to the state treasurer the number of paid ((firemen))
fire fighters in the fire department in such city, town, or fire
protection district. For any city or town annexed by a fire protection
district at any time before, on, or after the effective date of this section,
the city or town shall continue to certify to the state treasurer the number of
paid fire fighters in the city or town fire department immediately before
annexation until all obligations against the firemen's pension fund in the city
or town have been satisfied. For the purposes of the calculation in this
section, the state treasurer shall subtract the number certified by the annexed
city or town from the number of paid fire fighters certified by an annexing
fire protection district. The state treasurer shall on or before the first
day of June of each year deliver to the treasurer of each city, town,
and fire protection district coming under the provisions of this chapter his or
her warrant, payable to each city, town, or fire protection district
for the amount due such city, town or fire protection district ascertained as
herein provided and the treasurer of each such city, town, or fire
protection district shall place the amount thereof to the credit of the
firemen's pension fund of such city, town, or fire protection district.
NEW SECTION. Sec.
24. Section 22 of 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 shall take effect immediately.
