H-614                _______________________________________________

                                                     HOUSE BILL NO. 26

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Haugen, Brough and P. King

Read first time 1/16/85 and referred to Committee on Local Government.

AN ACT Relating to local government; and adding a new chapter to Title 36 RCW.

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

NEW SECTION. Sec. 1.     The purpose of this chapter is to grant and affirm extensive self-government power and authority to counties, cities, and towns.  The power and authority granted and affirmed by this chapter relate solely to police powers and may only be exercised within the territorial limits of the county, city, or town.  Police powers constitute all powers that a local government is capable of exercising, except the powers of taxation and eminent domain.  Such powers may be jointly exercised by two or more counties, cities, or towns, pursuant to an interlocal agreement or contract, if each county, city, or town that is a party to such agreement or contract possesses the authority to engage in such powers.  The provisions of this chapter shall be liberally construed in favor of the counties, cities, and towns.  Whenever any doubt arises about the authority of a county, city, or town to act on a matter, it shall be construed that the county, city, or town possesses the authority to so act within its territorial limits.

          The power and authority granted and affirmed by this chapter are not exclusive and are in addition to any other power and authority that have been or may be generally, specifically, or implicitly granted by charter provision, statute, or constitutional provision, including, but not limited to, Article XI, sections 4, 10, and 11 of the state Constitution.  The power and authority granted and affirmed by this chapter shall not limit nor proscribe the inherent power and authority possessed by counties and cities adopting charters as their organic law pursuant to Article XI, sections 4 and 10 of the state Constitution.

          Nothing contained in this chapter shall be construed to permit a county, city, or town to regulate, dissolve, disincorporate, or assume the operations of any other local governmental entity.

NEW SECTION. Sec. 2.     Any county, city, or town may adopt and enforce within its boundaries any police power ordinance unless expressly prohibited by state law from adopting and enforcing such ordinance.  A county, city, or town may act concurrently with the state on any police power subject by adopting and enforcing an ordinance which complements the state law unless the action is expressly prohibited by state law.

NEW SECTION. Sec. 3.     Sections 1 and 2 of this act shall constitute a new chapter in Title 36 RCW.