AN ACT Relating to relocation assistance; and amending RCW 8.26.020, 8.26.040, 8.26.060, and 8.26.070.

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

Sec. 1. Section 2, chapter 240, Laws of 1971 ex. sess. as amended by section 1, chapter 34, Laws of 1972 ex. sess. and RCW 8.26.020 are each amended to read as follows:

As used in this chapter‑-

(1) The term "state" means any department, commission, agency, or instrumentality of the state of Washington.

(2) The term "local public body" as used in this chapter applies to any county, city or town, or other municipal corporation or political subdivision of the state or any instrumentality of any of the foregoing but only with respect to any program or project the cost of which is financed in whole or in part by a federal agency. Notwithstanding the limitations of this subsection, the governing body of any county, city or town, or other municipal corporation or political subdivision of the state or any instrumentality of any of the foregoing may elect to comply with all the provisions of this chapter in connection with programs and projects not receiving federal assistance and shall be required to comply with the provisions of this chapter in connection with programs and projects which displace tenants in mobile home parks as defined by RCW 59.20.030(4), residents of mobile home cooperatives as defined by RCW 59.20.030(5), or mobile home park subdivisions as defined by RCW 59.20.030(6).

(3) The term "person" means any individual, partnership, corporation, or association.

(4) The term "displaced person" means any person who, on or after July 1, 1971, moves from real property lawfully occupied by him, or moves his personal property from real property on which it was lawfully located, as a result of the acquisition of such real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by the state, or a local public body. Solely for the purposes of subsections (1) and (2) of RCW 8.26.040 and RCW 8.26.070, the term "displaced person" includes any person who, on or after July 1, 1971, moves from real property or moves his personal property from real property, as a result of the acquisition of, or the written order of the acquiring agency to vacate other real property, on which such person conducts a business or farm operation, for a program or project undertaken by the state or a local public body.

(5) The term "business" means any lawful activity, excepting a farm operation, conducted primarily‑-

(a) for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or other personal property;

(b) for the sale of services to the public;

(d) solely for the purposes of subsection (1) of RCW 8.26.040, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by means of an outdoor advertising display or displays, otherwise lawfully erected and maintained, whether or not such display or displays are located on the premises on which any of the above activities are conducted.

(6) The term "farm operations" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or for home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(7) The term "mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of this state, together with the credit instruments, if any, secured thereby. The term "mortgage" shall include real estate contracts.

Sec. 2. Section 4, chapter 240, Laws of 1971 ex. sess. as amended by section 1, chapter 7, Laws of 1984 and RCW 8.26.040 are each amended to read as follows:

(a) Actual, reasonable expenses in moving himself, his family, business, farm operation, or other personal property. "Personal property" as used in this section includes a mobile/manufactured home. "Reasonable expenses" as used in this section in the case of a mobile/manufactured home means the lesser of the amount required to move the unit to a new suitable location, or the amount required to purchase a comparable unit for the displaced person which is already located in a suitable location minus the amount which could be realized from the sale of the unit on the affected site;

(b) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the acquiring agency; and

(2) Any displaced person eligible for payments under subsection (1) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (1) of this section may receive a moving expense allowance, determined according to a schedule established by the state department of transportation, not to exceed three hundred dollars, and a dislocation allowance of two hundred dollars.

(3) Any displaced person eligible for payments under subsection (1) of this section who is displaced from his place of business or from his farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (1) of this section, may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall be not less than two thousand five hundred dollars nor more than ten thousand dollars. In the case of a business, no payment may be made under this subsection unless the acquiring agency is satisfied that the business:

(a) Cannot be relocated without a substantial loss of its existing patronage; and

(b) Is not a part of a commercial enterprise having at least one other establishment not being acquired, which is engaged in the same or similar business. For the purposes of this subsection, the term "average annual net earnings" means one-half of any net earnings of the business or farm operation, before federal or local income taxes, during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for the project, or during such other period as the acquiring agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such period.

Sec. 3. Section 6, chapter 240, Laws of 1971 ex. sess. and RCW 8.26.060 are each amended to read as follows:

In addition to amounts otherwise authorized by this chapter, the state or local public body shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under RCW 8.26.050 which dwelling was actually and lawfully occupied by such displaced person for not less than ninety days prior to the initiation of negotiations for acquisition of such dwelling. The term "dwelling," as used in this section, includes a mobile home park lot as defined by RCW 59.20.030(3). Such payment shall be either‑-

(1) the amount necessary to enable such displaced person to lease or rent for a period not to exceed four years, a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities, and reasonably accessible to his place of employment, but not to exceed four thousand dollars, or

(2) the amount necessary to enable such person to make a down payment (including incidental expenses described in RCW 8.26.050(1)(c)) on the purchase of decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities, but not to exceed four thousand dollars, except that if such amount exceeds two thousand dollars, such person must equally match any such amount in excess of two thousand dollars, in making the down payment.

Sec. 4. Section 7, chapter 240, Laws of 1971 ex. sess. and RCW 8.26.070 are each amended to read as follows:

(1) Whenever the acquisition of real property for a program or project undertaken by the state or a local public body will result in the displacement of any person on or after July 1, 1971, the acquiring agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in subsection (2) of this section. If the acquiring agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, the agency may offer such person relocation advisory services under this program.

(2) Each relocation assistance advisory program required by subsection (1) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to‑-

(a) determine the need, if any, of displaced persons, for relocation assistance;

(b) provide current and continuing information on the availability, prices, and rentals, of comparable, decent, safe, and sanitary sales and rental housing, mobile home park lots, and of comparable commercial properties and locations for displaced businesses;

(c) assist a displaced person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location;

(d) supply information concerning federal and state housing programs, disaster loan programs, and other federal or state programs offering assistance to displaced persons;

(e) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation; and

(f) secure, to the greatest extent practicable, the coordination of relocation activities with other project activities and other planned proposed governmental actions in the community or near-by area which may affect the carrying out of the relocation program.