CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 5183

 

 

 

 

                        54th Legislature

                      1995 Regular Session

Passed by the Senate April 17, 1995

  YEAS 44   NAYS 0

 

 

 

President of the Senate

 

Passed by the House April 6, 1995

  YEAS 89   NAYS 8

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5183 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

Speaker of the

      House of Representatives

                            Secretary

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


                  _______________________________________________

 

                            SUBSTITUTE SENATE BILL 5183

                  _______________________________________________

 

                              AS AMENDED BY THE HOUSE

 

                     Passed Legislature - 1995 Regular Session

 

State of Washington              54th Legislature             1995 Regular Session

 

By Senate Committee on Government Operations (originally sponsored by Senators Hale, Haugen, Winsley and Deccio)

 

Read first time 02/10/95.

 

Regarding county auditors.



     AN ACT Relating to county auditors; amending RCW 36.22.010, 36.22.020, 36.22.060, 36.27.020, 36.32.210, 36.32.215, 36.40.040, 36.80.040, and 42.24.150; and repealing RCW 36.32.213.

 

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

 

     Sec. 1.  RCW 36.22.010 and 1984 c 128 s 2 are each amended to read as follows:

     The county auditor:

     (1) Shall be recorder of deeds and other instruments in writing which by law are to be filed and recorded in and for the county for which he or she is elected;

     (2) ((Shall examine and settle the accounts of all persons indebted to the county or who hold money payable into the county treasury, certify the amount to the treasurer, and give to the person paying, a discharge upon presentation and filing of the treasurer's receipt therefor, charging the treasurer with the amount;

     (3))) Shall keep an account current with the county treasurer, charge ((him with)) all money received as shown by ((his)) receipts issued and credit ((him with)) all disbursements paid out according to the record of settlement of the treasurer with the ((board of county commissioners)) legislative authority;

     (((4))) (3) Shall make out and transmit to the state auditor a complete statement of the state fund account with the county for the past fiscal year certified by his or her certificate and seal, immediately after the completion of the annual settlement of the county treasurer with the ((board of county commissioners)) legislative authority.

     ((This statement shall show:

     The total amount of tax levy for the current year as returned on the original assessment roll;

     The amount of the supplemental taxes levied by the treasurer;

     The amount collected from delinquent tax rolls of previous years, since the last report;

     The amount of errors, double assessments, and rebates allowed on settlement of the treasurer with the board of county commissioners;

     The amount paid to the state treasurer since the last annual settlement and all such other credits as the county may be entitled to receive in abatement of state taxes;

     The balance of the delinquent tax account for the current year.)) The statement must be available to the public;

     (((5))) (4) Shall make available a complete exhibit of the prior-year finances of the county ((immediately after the July settlement between the county treasurer and the county commissioners.  He shall cause the exhibit to be published in some newspaper printed within the county; if there is none, he shall post the exhibit in a conspicuous place in his office.

     The exhibit shall show:

     The amount of taxes assessed in the county for the preceding year for state, county, road, bridge, school, and other purposes;

     The amount of taxes collected on such assessment;

     The amount of money received from other sources;

     The amount received into the treasury;

     The amount still due and not collected;

     The number of warrants issued, the several purposes for which they were issued, the amount for each purpose, and the total amount;

     The total amount of warrants redeemed;

     The amount of outstanding warrants;

     The present condition of the treasury;

     Remarks)) including, but not limited to, a statement of financial condition and financial operation in accordance with standards developed by the state auditor.  This exhibit shall be made available after the financial records are closed for the prior year.

     (((6))) (5) Shall make out a register of all warrants legally authorized and directed to be issued by ((any superior court cost bill, not earlier than ten days after receipt thereof, or by the board of county commissioners)) the legislative body at any regular((, adjourned,)) or special meeting ((thereof, not earlier than ten days after adjournment.  He shall also make out a certified copy of the register of warrants under his hand and seal and deliver it forthwith to the county treasurer who shall record it in a book kept for that purpose)).  The auditor shall make the data available to the county treasurer.  The auditor shall ((file and carefully preserve)) retain the original ((in his office)) of the register of warrants for future reference.  ((The register of warrants shall be part of the records of the county.

     (7) Shall examine the books of the treasurer between the first and tenth of each month and see that they have been correctly kept.

     (8))) (6) As clerk of the board of county commissioners, shall:

     Record all of the proceedings of the ((board)) legislative authority;

     Make full entries of all of their resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county;

     Record the vote of each member on any question upon which there is a division or at the request of any member present;

     Sign all orders made and warrants issued by order of the ((board)) legislative authority for the payment of money;

     Record the reports of the county treasurer of the receipts and disbursements of the county;

     Preserve and file all accounts acted upon by the ((board)) legislative authority;

     Preserve and file all petitions and applications for franchises and record the action of the ((board)) legislative authority thereon;

     Record all orders levying taxes;

     Perform all other duties required by any rule or order of the ((board)) legislative authority.

 

     Sec. 2.  RCW 36.22.020 and 1963 c 4 s 36.22.020 are each amended to read as follows:

     It shall be the duty of the county auditor of each county, within fifteen days after the adjournment of each regular ((term)) session, to publish a summary of the proceedings of the ((board of county commissioners)) legislative authority at such term, in any newspaper published in the county or having a general circulation therein, or the auditor may post copies of such proceedings in three of the most public places in the county.  The seal of the county commissioners for each county, used by the county auditor as clerk to attest the proceedings of the ((board of county commissioners)) legislative authority, shall be and remain in the custody of the county auditor ((as clerk of the board)), and ((said)) the auditor is hereby authorized to use such seal in attestation of all ((his)) official acts, whether as clerk of ((said board)) the legislative authority, as auditor or recorder of deeds; and all certificates, exemplifications of records, or other acts ((by him)) performed as county auditor, certified under the seal of ((said)) the county commissioners, ((heretofore made or hereafter to be made)) pursuant to this section, in this state, shall be as valid and legally binding as though attested by a seal of office of the ((said)) county auditor.

 

     Sec. 3.  RCW 36.22.060 and 1963 c 4 s 36.22.060 are each amended to read as follows:

     ((He shall carefully keep proper warrant books, and)) The auditor shall maintain a record of when a warrant is issued ((the stub shall be carefully retained, upon which shall be recorded the)).  The record shall include the warrant number, date, name of payee, amount, nature of claims, or services ((briefly stated and by whom allowed.  In all cases where multiple warrants are issued for one claim the auditor must preserve as many stub entries as there have been warrants issued, noting upon each stub the claim for which it was issued and the number of warrants which aggregate the amount of the entire claim allowed)) provided.

 

     Sec. 4.  RCW 36.27.020 and 1987 c 202 s 205 are each amended to read as follows:

     The prosecuting attorney shall:

     (1) Be legal adviser of the ((board of county commissioners)) legislative authority, giving them his or her written opinion when required by the ((board)) legislative authority or the chairperson thereof touching any subject which the ((board)) legislative authority may be called or required to act upon relating to the management of county affairs;

     (2) Be legal adviser to all county and precinct officers and school directors in all matters relating to their official business, and when required draw up all instruments of an official nature for the use of said officers;

     (3) Appear for and represent the state, county, and all school districts subject to the supervisory control and direction of the attorney general in all criminal and civil proceedings in which the state or the county or any school district in the county may be a party;

     (4) Prosecute all criminal and civil actions in which the state or the county may be a party, defend all suits brought against the state or the county, and prosecute actions upon forfeited recognizances and bonds and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county;

     (5) Attend and appear before and give advice to the grand jury when cases are presented to it for consideration and draw all indictments when required by the grand jury;

     (6) Institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of felonies when the prosecuting attorney has information that any such offense has been committed and the prosecuting attorney shall for that purpose attend when required by them if the prosecuting attorney is not then in attendance upon the superior court;

     (7) Carefully tax all cost bills in criminal cases and take care that no useless witness fees are taxed as part of the costs and that the officers authorized to execute process tax no other or greater fees than the fees allowed by law;

     (8) Receive all cost bills in criminal cases before district judges at the trial of which the prosecuting attorney was not present, before they are lodged with the ((board of county commissioners)) legislative authority for payment, whereupon the prosecuting attorney may retax the same and the prosecuting attorney must do so if the ((board of county commissioners)) legislative authority deems any bill exorbitant or improperly taxed;

     (9) Present all violations of the election laws which may come to the prosecuting attorney's knowledge to the special consideration of the proper jury;

     (10) ((Examine at least once in each year the public records and books of the auditor, assessor, treasurer, superintendent of schools, and sheriff of his or her county and report to the board of county commissioners every failure, refusal, omission, or neglect of such officers to keep such records and books as required by law;

     (11))) Examine once in each year the official bonds of all county and precinct officers and report to the ((board of county commissioners)) legislative authority any defect in the bonds of any such officer;

     (((12))) (11) Make an annual report to the governor as of the 31st of December of each year setting forth the amount and nature of business transacted by the prosecuting attorney in that year with such other statements and suggestions as the prosecuting attorney may deem useful;

     (((13))) (12) Send to the state liquor control board at the end of each year a written report of all prosecutions brought under the state liquor laws in the county during the preceding year, showing in each case, the date of trial, name of accused, nature of charges, disposition of case, and the name of the judge presiding;

     (((14))) (13) Seek to reform and improve the administration of criminal justice and stimulate efforts to remedy inadequacies or injustice in substantive or procedural law.

 

     Sec. 5.  RCW 36.32.210 and 1969 ex.s. c 182 s 2 are each amended to read as follows:

     (((1))) Each board of county commissioners of the several counties of the state of Washington shall, on the first Monday of each year ((beginning with the year 1964)), file with the auditor of the county ((wherein such commissioner resides)) a statement verified by oath ((of such county commissioner)) showing for the twelve months period ending December 31st of the preceding year, the following:

     (((a))) (1) A full and complete inventory of all ((tools, machinery, equipment and appliances belonging to the district of such commissioner used or intended to be used in any public work, except the repair, construction or maintenance of any road, within said county for which public funds are to be expended in whole or in part and which said)) capitalized assets shall be kept in accordance with standards established by the state auditor.  This inventory shall be segregated to show the following subheads:

     (((i))) (a) The assets, including equipment, on hand, together with a statement of the date when acquired, the amount paid therefor, ((the present value,)) the estimated life thereof and a sufficient description to fully identify such property;

     (((ii))) (b) All equipment of every kind or nature sold or disposed of in any manner during such preceding twelve months period, together with the name of the purchaser, the amount paid therefor, whether or not the same was sold at public or private sale, the reason for such disposal and a sufficient description to fully identify the same;

     (((iii))) (c) All the equipment purchased during said period, together with the date of purchase, the amount paid therefor, whether or not the same was bought under competitive bidding, the price paid therefor and the probable life thereof, the reason for making the purchase and a sufficient description to fully identify such property;

     (((b) The exact amount of money derived from sources other than tax levy coming into possession or under the control of such commissioner for or on account of such district or of the commissioner making such statement; with the name of the party paying the same, the source from which derived, why so derived, and the date of its reception.

     (c))) (2) The person to whom such money or any part thereof was paid and why so paid and the date of such payment.

     (((2) No county commissioner shall maintain official records which duplicate the records of the county road engineer or any part thereof.))

 

     Sec. 6.  RCW 36.32.215 and 1963 c 4 s 36.32.215 are each amended to read as follows:

     ((Such)) Inventories shall be filed with the county auditor as a public record and shall be open to the inspection of the public((, provided further that such county auditor shall cause such inventory and/or inventories to be published once in the official newspaper of such county within five days after the filing thereof)).

 

     Sec. 7.  RCW 36.40.040 and 1973 c 39 s 1 are each amended to read as follows:

     Upon receipt of the estimates the auditor shall prepare the county budget which shall set forth the complete financial program of the county for the ensuing fiscal year, showing the expenditure program and the sources of revenue by which it is to be financed.

     The revenue section shall set forth the estimated receipts from sources other than taxation for each office, department, service, or institution for the ensuing fiscal year, the actual receipts for the first six months of the current fiscal year and the actual receipts for the last completed fiscal year, the estimated surplus at the close of the current fiscal year and the amount proposed to be raised by taxation.

     The expenditure section shall set forth in comparative and tabular form by offices, departments, services, and institutions the estimated expenditures for the ensuing fiscal year, the appropriations for the current fiscal year, the actual expenditures for the first six months of the current fiscal year including all contracts or other obligations against current appropriations, and the actual expenditures for the last completed fiscal year.

     All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor through the division of municipal corporations after consultation with the Washington state association of counties and the Washington state association of elected county officials.

     The county auditor shall set forth separately in the annual budget to be submitted to the ((board of county commissioners)) legislative authority the total amount of emergency warrants issued during the preceding fiscal year, together with a statement showing the amount issued for each emergency, and the ((board)) legislative authority shall include in the annual tax levy, a levy sufficient to raise an amount equal to the total of such warrants:  PROVIDED, That the ((board)) legislative authority may fund the warrants or any part thereof into bonds instead of including them in the budget levy.

 

     Sec. 8.  RCW 36.80.040 and 1969 ex.s. c 182 s 9 are each amended to read as follows:

     The office of county engineer shall be an office of record; the county road engineer shall record and file in his or her office, all matters concerning the public roads, highways, bridges, ditches, or other surveys of ((his)) the county, with the original papers, documents, petitions, surveys, repairs, and other papers, in order to have the complete history of any such road, highway, bridge, ditch, or other survey; and shall number each construction or improvement project.  The county engineer is not required to retain and file financial documents retained and filed in other departments in the county.

 

     Sec. 9.  RCW 42.24.150 and 1969 c 74 s 4 are each amended to read as follows:

     On or before the ((tenth)) fifteenth day following the close of the authorized travel period for which expenses have been advanced to any officer or employee, he shall submit to the appropriate official a fully itemized travel expense voucher, for all reimbursable items legally expended, accompanied by the unexpended portion of such advance, if any.

     Any advance made for this purpose, or any portion thereof, not repaid or accounted for in the time and manner specified herein, shall bear interest at the rate of ten percent per annum from the date of default until paid.

 

     NEW SECTION.  Sec. 10.  RCW 36.32.213 and 1963 c 4 s 36.32.213 are each repealed.

 


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