SENATE BILL REPORT

SB 6225

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Government Operations & Elections, February 4, 2010

Title: An act relating to population thresholds that determine the number of local councilmembers and receipt of local funds.

Brief Description: Concerning population thresholds that determine the number of local councilmembers and receipt of local funds.

Sponsors: Senators Schoesler, Fairley, McCaslin and Sheldon.

Brief History:

Committee Activity: Government Operations & Elections: 2/04/10 [DP].

SENATE COMMITTEE ON GOVERNMENT OPERATIONS & ELECTIONS

Majority Report: Do pass.

Signed by Senators Fairley, Chair; Roach, Ranking Minority Member; Benton, McDermott, Pridemore and Swecker.

Staff: Alison Mendiola (786-7483)

Background: Population Thresholds and City Council Membership. A code city that adopts the mayor-council plan of government is subject to statutes regulating the number of city council members it may have in accordance with specified population thresholds. Subject to specified exceptions, the general rule is that the greater a city's population the more council members it must have.

For the purpose of determining such population thresholds, the population of a code city is determined by reference to either the most recent state or federal census, or the population statistics compiled by the Office of Financial Management.

State law is silent as to whether the inmates of a state correctional facility located within a code city or town may be counted as part of the population threshold determination.

Small City Pavement and Sidewalk Account. Cities and towns with a population of less than 5,000 are eligible to receive funding from the Small City Pavement and Sidewalk Account (Account). Funding is made available through the Account for the maintenance, repair, and resurfacing of city streets.

State law is silent as to whether the inmates of a state correctional facility located within a city may be counted in determining whether the city meets population requirements for the receipt of funding under the Account.

Summary of Bill: A code city or town with a mayor-council form of government may include the population of any state correctional facility within its jurisdiction in calculating the population thresholds pertinent to determining the requisite number of city council members.

In determining its eligibility to obtain funding from the Account, a city or town may include the population of any state correctional facility within its jurisdiction in calculating the population thresholds relevant to such eligibility.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill applies to two small cities/towns. If you add the prison population that they agreed to host, then it puts them over the population threshold of being eligible to receive a Small City Sidewalk Account grant. One city would be required to increase their city council from five council members to seven; and it’s hard to find good qualified people in smaller areas. Coyote Ridge prison at capacity would house 2,932 people. The people in prison can’t vote so they shouldn’t be included in the population count.

Persons Testifying: PRO: Senator Schoesler, prime sponsor; Candice Bock, Jim Justice, Association of Washington Cities; Arthur West, private citizen.