1707 AMS GO S5272.3
HB 1707 - S COMM AMD
By Committee on Government Operations
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.01.020 and 1994 c 81 s 4 are each amended to read as follows:
A second class city is
a city with a population of ((more than)) fifteen hundred or more
at the time of its organization or reorganization that does not have a charter
adopted under Article XI, section 10, of the state Constitution, and does not
operate under Title 35A RCW.
Sec. 2. RCW 35.01.040 and 1994 c 81 s 5 are each amended to read as follows:
A town has a population
of less than fifteen hundred ((or less)) at the time of its
organization and does not operate under Title 35A RCW.
Sec. 3. RCW 35.22.010 and 1965 c 7 s 35.22.010 are each amended to read as follows:
Cities of the first
class shall be organized and governed according to the law providing for the
government of cities having a population of ((twenty)) ten
thousand or more inhabitants that have adopted a charter in accordance
with Article ((11)) XI, section 10 of the state Constitution.
Sec. 4. RCW 35.23.051 and 1994 c 223 s 17 and 1994 c 81 s 36 are each reenacted and amended to read as follows:
General municipal
elections in second class cities ((not operating under the commission form
of government)) shall be held biennially in the odd-numbered years and
shall be subject to general election law.
The terms of office of the mayor, city attorney, clerk, and treasurer shall be four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, That if the offices of city attorney, clerk, and treasurer are made appointive, the city attorney, clerk, and treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That the term of the elected treasurer shall not commence in the same biennium in which the term of the mayor commences, nor in which the terms of the city attorney and clerk commence if they are elected.
Council positions shall be numbered in each second class city so that council position seven has a two-year term of office and council positions one through six shall each have four-year terms of office. Each councilmember shall remain in office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
In its discretion the council of a second class city may divide the city by ordinance into a convenient number of wards, not exceeding six, fix the boundaries of the wards, and change the ward boundaries from time to time and as provided in RCW 29.70.100. No change in the boundaries of any ward shall be made within one hundred twenty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered. However, if a boundary change results in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant.
Whenever such city is
so divided into wards, the city council shall designate by ordinance the number
of councilmembers to be elected from each ward, apportioning the same in
proportion to the population of the wards. Thereafter the councilmembers so
designated shall be elected by the voters resident in such ward, or by general
vote of the whole city as may be designated in such ordinance. Council
position seven shall not be associated with a ward and the person elected to
that position may reside anywhere in the city and voters throughout the city
may vote at a primary to nominate candidates for position seven, when a primary
is necessary, and at a general election to elect the person to council position
seven. ((When)) Additional territory that is added to the
city ((it may)) shall, by act of the council, be annexed to
contiguous wards without affecting the right to redistrict at the expiration of
twenty months after last previous division. The removal of a councilmember
from the ward for which he or she was elected shall create a vacancy in such
office.
Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.
Sec. 5. RCW 35.23.101 and 1994 c 223 s 19 and 1994 c 81 s 38 are each reenacted and amended to read as follows:
The council of a second class city may declare a council position vacant if the councilmember is absent for three consecutive regular meetings without permission of the council. In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.
Vacancies in offices other than that of mayor or city councilmember shall be filled by appointment of the mayor.
If there is a temporary vacancy in an appointive office due to illness, absence from the city, or other temporary inability to act, the mayor may appoint a temporary appointee to exercise the duties of the office until the temporary disability of the incumbent is removed.
Sec. 6. RCW 35.33.020 and 1985 c 175 s 4 are each amended to read as follows:
The provisions of this
chapter apply to all cities of the first class ((which)) that
have a population of less than three hundred thousand, to all cities of the
second ((and third classes)) class, and to all towns, except
those cities and towns ((which)) that have adopted an ordinance
under RCW 35.34.040 providing for a biennial budget.
Sec. 7. RCW 35.34.020 and 1985 c 175 s 5 are each amended to read as follows:
This chapter applies to
all cities of the first((,)) and second((, and third))
classes and to all towns ((which)), that have by ordinance
adopted this chapter authorizing the adoption of a fiscal biennium budget.
Sec. 8. RCW 35.86.010 and 1975 1st ex.s. c 221 s 1 are each amended to read as follows:
Cities of the first((,))
and second((, and third)) classes are authorized to provide
off-street parking space and facilities located on land dedicated for park or
civic center purposes, or on other municipally-owned land where the primary
purpose of such off-street parking facility is to provide parking for persons
who use such park or civic center facilities. In addition a city may own other
off-street parking facilities and operate them in accordance with RCW
35.86A.120.
Sec. 9. RCW 35A.06.020 and 1995 c 134 s 11 are each amended to read as follows:
The classifications of
municipalities ((which existed prior to the time this title goes into effectC)) as first
class cities, second class cities, unclassified cities, and towns((C)), and the
restrictions, limitations, duties, and obligations specifically imposed by law
upon such classes of cities and towns, shall have no application to noncharter
code cities, but every noncharter code city, by adopting such classification,
has elected to be governed by the provisions of this title, with the powers
granted hereby. However, any code city that retains its old plan of government
is subject to the laws applicable to that old plan of government until the city
abandons its old plan of government and reorganizes and adopts a plan of
government under chapter 35A.12 or 35A.13 RCW.
Sec. 10. RCW 35A.12.010 and 1994 c 223 s 30 are each amended to read as follows:
The government of any noncharter
code city or charter code city electing to adopt the mayor-council plan of
government authorized by this chapter shall be vested in an elected mayor and
an elected council. The council of a noncharter code city having less than
twenty-five hundred inhabitants shall consist of five members; when there are
twenty-five hundred or more inhabitants, the council shall consist of seven
members((: PROVIDED, That)). A city with a population of over two
thousand but less than twenty-five hundred at the time of reclassification as
an optional municipal code city may choose to maintain a seven-member council.
The decision concerning the number of councilmembers shall be made by the
council and be incorporated as a section of the ordinance adopting for the city
the classification of noncharter code city. If the population of a city
after having become a code city decreases from twenty-five hundred or more to
less than twenty-five hundred, it shall continue to have a seven member
council. If, after a city has become a mayor-council code city, its population
increases to twenty-five hundred or more inhabitants, the number of
councilmanic offices in such city may increase from five to seven members upon
the affirmative vote of a majority of the existing council to increase the
number of councilmanic offices in the city. When the population of a
mayor-council code city having five councilmanic offices increases to five
thousand or more inhabitants, the number of councilmanic offices in the city
shall increase from five to seven members. In the event of an increase in the
number of councilmanic offices, the city council shall, by majority vote,
pursuant to RCW 35A.12.050, appoint two persons to serve in these offices until
the next municipal general election, at which election one person shall be
elected for a two-year term and one person shall be elected for a four-year
term. The number of inhabitants shall be determined by the most recent
official state or federal census or determination by the state office of
financial management. A charter adopted under the provisions of this title,
incorporating the mayor-council plan of government set forth in this chapter,
may provide for an uneven number of councilmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old mayor-council plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.
NEW SECTION. Sec. 11. RCW 35.21.620 shall be recodified as a section in chapter 35.22 RCW.
NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:
(1) RCW 35.21.600 and 1979 c 151 s 27, 1965 ex.s. c 47 s 6, & 1965 c 7 s 35.21.600;
(2) RCW 35.21.610 and 1965 ex.s. c 47 s 1; and
(3) RCW 35A.61.010 and 1967 ex.s. c 119 s 35A.61.010."
HB 1707 - S COMM AMD
By Committee on Government Operations
On page 1, line 1 of the title, after "towns;" strike the remainder of the title and insert "amending RCW 35.01.020, 35.01.040, 35.22.010, 35.33.020, 35.34.020, 35.86.010, 35A.06.020, and 35A.12.010; reenacting and amending RCW 35.23.051 and 35.23.101; adding a new section to chapter 35.22 RCW; recodifying RCW 35.21.620; and repealing RCW 35.21.600, 35.21.610, and 35A.61.010."
--- END ---