HOUSE BILL REPORT

SHJR 4204

BYHouse Committee on Local Government (originally sponsored by Representatives Raiter, Wolfe, Haugen, Ferguson, Rayburn, Horn, Wood, Cooper, Todd, Doty, Nelson, Phillips and Brough; by request of Governor Gardner)

Allowing the review and modification of local government.

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; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE JANUARY 12, 1990

BACKGROUND:

The Local Governance Study Commission was established in 1986 to study local government in the state and make recommendations to the Legislature for changes in laws that were felt to be necessary.  This commission had twenty-one members, and three ex- officio, nonvoting, members.  The twenty-one members included four Senators, four Representatives, four city-elected officials, four county-elected officials, and five persons representing special districts.  The ex-officio, nonvoting, members were the director of the Department of Community Affairs, who chaired the meetings, and the executive directors of the Associations of Washington Cities and the Washington State Association of Counties.

This constitutional amendment implements a portion of the recommendations from this commission.

Existing constitutional provisions provide procedures by which: (1) a charter can be approved by the voters of a city of a certain minimum population to alter the governing body and officials of the city government, i.e., a first-class city charter; (2) a charter can be approved by the voters of any county to alter the governing body and officials of the county government, i.e., a regular county charter; and (3) a charter can be adopted to alter powers and governing bodies of any government or governments within the county, i.e., a combined "city-county" charter.

Statutes provide procedures by which cities, towns, and approximately 65 different types of special districts can be created.  Thirty-nine counties exist in the state.  Two hundred sixty-six cities and towns exist in the state, and hundreds of different special districts exist in the state.

Statutes provide procedures how most of these local governments can annex territory, how some of these local governments can have territory withdrawn or de-annexed, and how some of the same type of local governments can merge or consolidate.  Virtually all these local governments have boundaries that overlap with all or part of the boundaries of other types of local governments.

The Interlocal Agreement Act authorizes local governments to enter into relationships as follows:  (1) two or more local governments that each have the authority to provide the same service or facility can enter into a contract by which one government provides the service or facility for the other local government or governments; and (2) two or more local governments that each have the authority to provide the same service or facility can enter into agreements to jointly provide the service or facility.

SUMMARY:

The Legislature is required to establish two separate processes by which citizens and their local governments can consider alternatives to more adequately structure or shape local governments to meet their local needs as follows:

(1)  A process must be established by which local governments can enter into and implement local government service agreements for the provision of services and development of local policies and authorities, that could include the transfer of services and revenues between existing local governments.  This process could be used on a county-wide, less than county-wide, or greater than county-wide basis.

(2)  A process must be established by which a temporary group of citizens could be elected to review local governments within a county and possibly present proposals for altering local governments to the voters for their approval or rejection.  An advisory group of local government elected officials would assist each of these temporary groups of local citizens in their deliberations.  A proposal that is submitted to voters for their approval or rejection could relate to the formation, retention, boundaries, and powers or local governments.  Provision must be made for the development and approval of proposals affecting an area greater than a single county and less than a single county.

Fiscal Note:      Not Requested.

Effective Date:If the constitutional amendment authorizing this legislation is approved by the voters, at the next General Election.

House Committee ‑ Testified For:    Chuck Clarke, Director, Department of Community Development; Jim Metcalf, Washington State Association of Counties; Larry Sundquist, Washington Building Industry; Mark Allen, Washington Library Association; Roger Ferris, Fire Commissioners Association; Don White, Washington Public Ports Association; and Kent Swisher, Association of Washington Cities.

House Committee - Testified Against:      Jim Boldt, Public Utility Districts.

House Committee - Testimony For:    This provides for processes by which local governments can be changed to fit local circumstances, rather than having the Legislature enact laws that attempt to relate to the uniqueness of local circumstances.  It is fitting that at our state centennial we provide for this.  Most of our local government structures and authorities have not changed for decades or even a century.

House Committee - Testimony Against:      Public utility districts should be exempted.

VOTE ON FINAL PASSAGE:

      Yeas 96; Absent 2.

Absent:     Representatives G. Fisher and Mr. Speaker