BP BHEAD INT H

AN ACT Relating to mayors in cities and towns; amending RCW 35.23.211 and 35A.12.130; adding a new section to chapter 35.22 RCW; and adding a new section to chapter 35.27 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 35.22 RCW to read as follows:

(1) This section grants the mayor of every first class city operating under the mayor-council form or plan of government the authority to veto ordinances adopted by the council, including the authority to veto an entire ordinance, an entire section of an ordinance, and a separate appropriation item. In a city with a mayor‑council form or plan of government, the mayor possesses executive and administrative authorities and is not a member of the city council.

The provisions of this section granting veto authority apply to first class cities with a mayor-council form or plan of government, notwithstanding the provisions of the city charter to the contrary. However, if a city charter permits the mayor to veto ordinances, but contains different procedures or different time periods during which a veto may be made or the council may override a veto, those procedural and time period provisions apply to all three types of vetoes authorized by this section.

(2) Each ordinance that is adopted by the council of a first class city with a mayor-council form or plan of government shall be presented to the mayor for his or her approval and signature. During a ten-day period after the ordinance is presented to the mayor, the mayor may sign the ordinance or veto all or part of the ordinance as follows: (a) The entire ordinance may be vetoed; (b) if the ordinance contains separate sections, one or more entire sections may be vetoed; or (c) if the ordinance appropriates money, each separate appropriation item may be vetoed. The mayor shall include written objections together with any veto.

The entire ordinance is valid if the mayor signs the ordinance within this ten-day period or if the mayor fails to sign or veto all or a portion of the ordinance within this ten-day period. If an entire section or separate appropriation item is vetoed within this ten-day period, the remaining portions of the ordinance are valid.

If a veto is made, the entire ordinance that was vetoed or each entire section or separate appropriation item that was vetoed shall be returned to the council for its reconsideration. Within thirty days of when the veto or vetoes were made, the council may override the veto or any vetoes by action of at least a majority of the entire council plus one vote and any veto that is so overridden is valid.

Sec. 2. RCW 35.23.211 and 1994 c 81 s 43 are each amended to read as follows:

(1) The enacting clause of all ordinances in a second class city shall be as follows: "The city council of the city of . . . . . . do ordain as follows:"

No ordinance shall contain more than one subject and that must be clearly expressed in its title.

No ordinance or any section thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section at full length.

No ordinance and no resolution or order shall have any validity or effect unless passed by the votes of at least four councilmembers.

No ordinance shall take effect until five days after the date of its publication unless otherwise provided in this title.

(2) Every ordinance which passes the council ((~~in order to become valid must~~)) shall be presented to the mayor((~~; if the mayor approves it, the mayor shall sign it, but if not, the mayor shall return it with~~)) for his or her approval and signature. During a ten-day period after the ordinance is presented to the mayor, the mayor may sign the ordinance or may veto all or part of the ordinance as follows: (a) The entire ordinance may be vetoed; (b) if the ordinance contains separate sections, one or more entire sections may be vetoed; or (c) if the ordinance appropriates money, each separate appropriation item may be vetoed. The entire ordinance is valid if the mayor signs the ordinance within this ten-day period or if the mayor fails to sign or veto all or a portion of the ordinance during this ten-day period. If an entire section or separate appropriation is vetoed during this ten-day period, the remaining portions of the ordinance are valid. The mayor shall include written objections together with any veto and the vetoed matter shall be returned to the council ((~~and~~)) for its reconsideration. The council shall cause the mayor's objections to be entered at large upon the journal and proceed to ((~~a reconsideration thereof. If upon reconsideration~~)) reconsider the veto or vetoes. The entire vetoed ordinance, or an entire section or separate appropriation item that was vetoed, becomes valid notwithstanding the mayor's veto if the veto is overridden by action of at least five members of the council ((voting upon a call of yeas and nays favor its passage, the ordinance shall become valid notwithstanding the mayor's veto. If the mayor fails for ten days to either approve or veto an ordinance, it shall become valid without the approval of the mayor)) within thirty days after the veto or vetoes were made.

Every ordinance that becomes valid shall be signed by the mayor and attested by the clerk.

NEW SECTION. Sec. 3. A new section is added to chapter 35.27 RCW to read as follows:

Each ordinance that is adopted by the council of a town shall be presented to the mayor for his or her approval and signature. During a ten-day period after the ordinance is presented to the mayor, the mayor may sign the ordinance or veto all or part of the ordinance as follows: (1) The entire ordinance may be vetoed; (2) if the ordinance contains separate sections, one or more entire sections may be vetoed; or (3) if the ordinance appropriates money, each separate appropriation item may be vetoed. The mayor shall include written objections together with any veto.

If a veto is made, the entire ordinance that was vetoed or each entire section or separate appropriation item that was vetoed shall be returned to the council for its reconsideration. Within thirty days of when the veto or vetoes were made, the council may override the veto or any vetoes by action of at least four members of the council and any veto that is so overridden is valid.

Sec. 4. RCW 35A.12.130 and 1967 ex.s. c 119 s 35A.12.130 are each amended to read as follows:

(1) The enacting clause of all ordinances shall be as follows: "The city council of the city of . . . . . . do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title.

No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length.

No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or extend a franchise, or authorize the borrowing of money.

(2) Every ordinance which passes the council ((~~in order to become valid must~~)) shall be presented to the mayor((~~; if he approves it, he shall sign it, but if not, he shall return it with his~~)) for his or her approval and signature. During a ten-day period after an ordinance is presented to the mayor, the mayor may sign the ordinance or veto all of any portion of the ordinance as follows: (a) The entire ordinance may be vetoed; (b) if the ordinance contains separate sections, one or more entire sections may be vetoed; or (c) if the ordinance appropriates money, each separate appropriation item may be vetoed. The entire ordinance is valid if the mayor signs the ordinance within this ten-day period or if the mayor fails to sign or veto all or a portion of the ordinance during this ten-day period. If an entire section or separate appropriation is vetoed during this ten-day period, the remaining portions of the ordinance are valid. The mayor shall include written objections ((~~to the council~~)) together with any veto and the vetoed matter shall be returned to the council for its reconsideration. The council shall cause ((~~his~~)) the objections to be entered at large upon the journal and proceed to ((~~a reconsideration thereof. If upon reconsideration~~)) reconsider the veto or vetoes. The entire vetoed ordinance, or an entire section or separate appropriation item that was vetoed, becomes valid notwithstanding the mayor's veto if the veto is overridden by action of at least a majority plus one of the whole membership((, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the mayor's veto. If the mayor fails for ten days to either approve or veto an ordinance, it shall become valid without his approval. Ordinances)) of the council within thirty days after the veto or vetoes were made.

Every ordinance that becomes valid shall be signed by the mayor and attested by the clerk.