HOUSE BILL REPORT

ESHB 1317

BYHouse Committee on Local Government (originally sponsored by Representatives Zellinsky, Ferguson, Dellwo, Cooper, Haugen, Winsley, Spanel, Bumgarner and Holm)

Revising requirements for publishing notices of actions of cities, towns, and counties.

House Committe on Local Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass. (14)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Beck, Bumgarner, Butterfield, Dorn, Ferguson, Hine, Jones, Nealey, Nelson, Nutley, Rayburn and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE FEBRUARY 8, 1988

BACKGROUND:

A city or town is required to publish the text of any ordinance in its official newspaper promptly after adoption of the ordinance.

In lieu of these publishing requirements, a city or town with a population of 3,000 or less may publish a summary of the intent and content of an adopted ordinance in its official newspaper.

A county is required to publish the text of a proposed ordinance in the notice of a public hearing on the proposed ordinance that is published in the official newspaper of the county.  However, if a code is adopted by reference a county merely can publish the full official title and a description of the general purpose of the proposed ordinance.

In lieu of these publishing requirements, a city or town may publish a summary of an adopted ordinance in its official newspaper, including: (1) the name of the local government (2) the identification number of the ordinance; (3) a descriptive title; (4) a section-by-section summary; (5) other information necessary to provide a complete summary; and (6) a statement that the full text will be mailed upon request.  In lieu of these publishing requirements a county can publish a summary of a proposed ordinance that includes these six specific elements.

A second class city, third class city, or town that is seeking bids on public works projects must publish notice in the city's or town's official newspaper.

SUMMARY:

Cities and towns are permitted to publish summaries of the content of adopted ordinances in their official newspapers in lieu of publishing the text of the adopted ordinances. Cities and towns must adopt procedures to provide notice of their upcoming hearings.

Counties are allowed to publish summaries of the content of proposed ordinances in lieu of publishing the entire text of proposed ordinances.

A mistake in publishing the text or summary of an ordinance, or proposed ordinance, shall not render the ordinance invalid.

Language is deleted that provides an alternative method of publishing summaries of ordinances adopted cities and towns with populations under 3,000.

The notice by a second class city, third class city, or town that is published soliciting the submission of bids on proposed public works projects may be published in a newspaper of general circulation most likely to bring responsive bids, instead of the official newspaper of the city or town.

Any notice required to be published concerning planning or zoning regulations, or proposed subdivisions, may identify the affected property without using a legal description.  The affected property may be identified by an address, written description, vicinity map, or other reasonable means.

EFFECT OF SENATE AMENDMENT(S):  (1) An inadvertent mistake, instead of a mistake, in publishing the text or a summary of the text of an ordinance shall not render the ordinance invalid.

(2) Technical change to correct a mistaken use of the word "of" instead of "or."

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Gayla Gjertsen, Town of Milton; Robin Wolhueser, City of Auburn; and Wally Johnson, City of Seattle.

House Committee - Testified Against:      Stan Finkelstein, Association of Washington Cities; Rick Rosenbladt, City of Tacoma; and Linda Ruehle, City of Issaquah.

House Committee - Testimony For:    This simplifies publishing requirements and will reduce costs for counties, cities and towns.  Summaries are more understandable than the full text.  The idea is to notify the public and provide some local flexibility.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 98