AN ACT
Relating to correcting double amendments from the 1994 legislative sessions;
reenacting RCW 13.40.020, 30.04.215, 30.08.020, 30.08.040, 30.08.095,
30.08.190, 32.32.025, 35.23.051, 35.23.101, 35.23.850, 35A.06.020, 36.21.011,
41.32.500, 84.40.080, and 84.48.050; and repealing RCW 35.23.310.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.40.020 and 1994 1st sp.s. c 7 s 520, 1994 c 271 s 803, and 1994 c 261 s 18
are each reenacted to read as follows:
For
the purposes of this chapter:
(1)
"Serious offender" means a person fifteen years of age or older who
has committed an offense which if committed by an adult would be:
(a) A
class A felony, or an attempt to commit a class A felony;
(b)
Manslaughter in the first degree; or
(c)
Assault in the second degree, extortion in the first degree, child molestation
in the second degree, kidnapping in the second degree, robbery in the second
degree, residential burglary, or burglary in the second degree, where such
offenses include the infliction of bodily harm upon another or where during the
commission of or immediate withdrawal from such an offense the perpetrator is
armed with a deadly weapon;
(2)
"Community service" means compulsory service, without compensation,
performed for the benefit of the community by the offender as punishment for
committing an offense. Community service may be performed through public or
private organizations or through work crews;
(3)
"Community supervision" means an order of disposition by the court of
an adjudicated youth not committed to the department or an order granting a
deferred adjudication pursuant to RCW 13.40.125. A community supervision order
for a single offense may be for a period of up to two years for a sex offense
as defined by RCW 9.94A.030 and up to one year for other offenses. As a
mandatory condition of any term of community supervision, the court shall order
the juvenile to refrain from committing new offenses. As a mandatory condition
of community supervision, the court shall order the juvenile to comply with the
mandatory school attendance provisions of chapter 28A.225 RCW and to inform the
school of the existence of this requirement. Community supervision is an
individualized program comprised of one or more of the following:
(a)
Community-based sanctions;
(b)
Community-based rehabilitation;
(c)
Monitoring and reporting requirements;
(4)
Community-based sanctions may include one or more of the following:
(a) A
fine, not to exceed one hundred dollars;
(b)
Community service not to exceed one hundred fifty hours of service;
(5)
"Community-based rehabilitation" means one or more of the following:
Attendance of information classes; counseling, outpatient substance abuse
treatment programs, outpatient mental health programs, anger management
classes, education or outpatient treatment programs to prevent animal cruelty,
or other services; or attendance at school or other educational programs
appropriate for the juvenile as determined by the school district. Placement
in community-based rehabilitation programs is subject to available funds;
(6)
"Monitoring and reporting requirements" means one or more of the
following: Curfews; requirements to remain at home, school, work, or
court-ordered treatment programs during specified hours; restrictions from
leaving or entering specified geographical areas; requirements to report to the
probation officer as directed and to remain under the probation officer's
supervision; and other conditions or limitations as the court may require which
may not include confinement;
(7)
"Confinement" means physical custody by the department of social and
health services in a facility operated by or pursuant to a contract with the
state, or physical custody in a detention facility operated by or pursuant to a
contract with any county. The county may operate or contract with vendors to
operate county detention facilities. The department may operate or contract to
operate detention facilities for juveniles committed to the department.
Pretrial confinement or confinement of less than thirty-one days imposed as
part of a disposition or modification order may be served consecutively or
intermittently, in the discretion of the court;
(8)
"Court", when used without further qualification, means the juvenile
court judge(s) or commissioner(s);
(9)
"Criminal history" includes all criminal complaints against the
respondent for which, prior to the commission of a current offense:
(a)
The allegations were found correct by a court. If a respondent is convicted of
two or more charges arising out of the same course of conduct, only the highest
charge from among these shall count as an offense for the purposes of this
chapter; or
(b)
The criminal complaint was diverted by a prosecutor pursuant to the provisions
of this chapter on agreement of the respondent and after an advisement to the
respondent that the criminal complaint would be considered as part of the
respondent's criminal history. A successfully completed deferred adjudication
shall not be considered part of the respondent's criminal history;
(10)
"Department" means the department of social and health services;
(11)
"Detention facility" means a county facility, paid for by the county,
for the physical confinement of a juvenile alleged to have committed an offense
or an adjudicated offender subject to a disposition or modification order.
"Detention facility" includes county group homes, inpatient substance
abuse programs, juvenile basic training camps, and electronic monitoring;
(12)
"Diversion unit" means any probation counselor who enters into a
diversion agreement with an alleged youthful offender, or any other person,
community accountability board, or other entity except a law enforcement
official or entity, with whom the juvenile court administrator has contracted
to arrange and supervise such agreements pursuant to RCW 13.40.080, or any
person, community accountability board, or other entity specially funded by the
legislature to arrange and supervise diversion agreements in accordance with
the requirements of this chapter. For purposes of this subsection,
"community accountability board" means a board comprised of members
of the local community in which the juvenile offender resides. The superior
court shall appoint the members. The boards shall consist of at least three
and not more than seven members. If possible, the board should include a
variety of representatives from the community, such as a law enforcement
officer, teacher or school administrator, high school student, parent, and
business owner, and should represent the cultural diversity of the local
community;
(13)
"Institution" means a juvenile facility established pursuant to
chapters 72.05 and 72.16 through 72.20 RCW;
(14)
"Juvenile," "youth," and "child" mean any
individual who is under the chronological age of eighteen years and who has not
been previously transferred to adult court pursuant to RCW 13.40.110 or who is
otherwise under adult court jurisdiction;
(15)
"Juvenile offender" means any juvenile who has been found by the
juvenile court to have committed an offense, including a person eighteen years
of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(16)
"Manifest injustice" means a disposition that would either impose an
excessive penalty on the juvenile or would impose a serious, and clear danger
to society in light of the purposes of this chapter;
(17)
"Middle offender" means a person who has committed an offense and who
is neither a minor or first offender nor a serious offender;
(18)
"Minor or first offender" means a person whose current offense(s) and
criminal history fall entirely within one of the following categories:
(a)
Four misdemeanors;
(b)
Two misdemeanors and one gross misdemeanor;
(c)
One misdemeanor and two gross misdemeanors; and
(d)
Three gross misdemeanors.
For
purposes of this definition, current violations shall be counted as misdemeanors;
(19)
"Offense" means an act designated a violation or a crime if committed
by an adult under the law of this state, under any ordinance of any city or
county of this state, under any federal law, or under the law of another state
if the act occurred in that state;
(20)
"Respondent" means a juvenile who is alleged or proven to have
committed an offense;
(21)
"Restitution" means financial reimbursement by the offender to the
victim, and shall be limited to easily ascertainable damages for injury to or
loss of property, actual expenses incurred for medical treatment for physical
injury to persons, lost wages resulting from physical injury, and costs of the
victim's counseling reasonably related to the offense if the offense is a sex
offense. Restitution shall not include reimbursement for damages for mental
anguish, pain and suffering, or other intangible losses. Nothing in this
chapter shall limit or replace civil remedies or defenses available to the
victim or offender;
(22)
"Secretary" means the secretary of the department of social and
health services. "Assistant secretary" means the assistant secretary
for juvenile rehabilitation for the department;
(23)
"Services" mean services which provide alternatives to incarceration
for those juveniles who have pleaded or been adjudicated guilty of an offense
or have signed a diversion agreement pursuant to this chapter;
(24)
"Sex offense" means an offense defined as a sex offense in RCW
9.94A.030;
(25)
"Sexual motivation" means that one of the purposes for which the
respondent committed the offense was for the purpose of his or her sexual
gratification;
(26)
"Foster care" means temporary physical care in a foster family home
or group care facility as defined in RCW 74.15.020 and licensed by the
department, or other legally authorized care;
(27)
"Violation" means an act or omission, which if committed by an adult,
must be proven beyond a reasonable doubt, and is punishable by sanctions which
do not include incarceration;
(28)
"Violent offense" means a violent offense as defined in RCW
9.94A.030.
EXPLANATORY
NOTE
RCW 13.40.020 was amended three
times by the 1994 legislature. Chapter 261 s 18 expanded "community-based
rehabilitation" to include education or outpatient treatment programs to
prevent animal cruelty; chapter 271 s 803 excluded felony stalking from the
class C felony offenses included in the "minor or first offender"
definition; and chapter 7 1st sp.s. s 520, among other changes, deleted all
class C felony offenses from the "minor or first offender"
definition. The purpose of this bill is to give effect to all amendments by
reenacting the section including all amendments.
Sec.
2. RCW
30.04.215 and 1994 c 256 s 37 and 1994 c 92 s 20 are each reenacted to read as
follows:
(1)
Notwithstanding any other provisions of law, in addition to all powers
enumerated by this title, and those necessarily implied therefrom, a bank may
engage in other business activities that have been determined by the board of
governors of the federal reserve system or by the United States Congress to be
closely related to the business of banking, as of December 31, 1993.
(2) A
bank that desires to perform an activity that is not expressly authorized by
subsection (1) of this section shall first apply to the director for
authorization to conduct such activity. Within thirty days of the receipt of
this application, the director shall determine whether the activity is closely
related to the business of banking, whether the public convenience and advantage
will be promoted, whether the activity is apt to create an unsafe or unsound
practice by the bank and whether the applicant is capable of performing such an
activity. If the director finds the activity to be closely related to the
business of banking and the bank is otherwise qualified, he or she shall
forthwith inform the applicant that the activity is authorized. If the
director determines that such activity is not closely related to the business
of banking or the bank is not otherwise qualified, he or she shall forthwith
inform the applicant in writing. The applicant shall have the right to appeal
from an unfavorable determination in accordance with the procedures of the
Administrative Procedure Act, chapter 34.05 RCW. In determining whether a particular
activity is closely related to the business of banking, the director shall be
guided by the rulings of the board of governors of the federal reserve system
and the comptroller of the currency in making determinations in connection with
the powers exercisable by bank holding companies, and the activities performed
by other commercial banks or their holding companies.
(3) In
addition to all powers enumerated by this title, and those necessarily implied
therefrom, a bank may engage in other business activities that are determined
by the director, by rule adopted pursuant to chapter 34.05 RCW, to be closely
related to the business of banking, or necessary or convenient thereto, and the
exercise thereof will promote the public convenience and advantage. Provided,
however, that such other business activities shall also have been determined by
the board of governors of the federal reserve system or by the United States
congress to be closely related to the business of banking.
(4)
Any activity which may be performed by a bank, except the taking of deposits,
may be performed by (a) a corporation or (b) another entity approved by the
director, which in either case is owned in whole or in part by the bank.
EXPLANATORY
NOTE
RCW 30.04.215 was amended twice
by the 1994 legislature. Chapter 92 s 20 made technical corrections, and
chapter 256 s 37 made technical corrections and revised regulation of financial
institutions and securities. The purpose of this bill is to give effect to
both amendments by reenacting the section including both amendments.
Sec.
3. RCW
30.08.020 and 1994 c 256 s 42 and 1994 c 92 s 43 are each reenacted to read as
follows:
Persons
desiring to incorporate a bank or trust company shall file with the director a
notice of their intention to organize a bank or trust company in such form and
containing such information as the director shall prescribe by rule, together
with proposed articles of incorporation, which shall be submitted for
examination to the director at his or her office in Olympia.
The
proposed articles of incorporation shall state:
(1)
The name of such bank or trust company.
(2)
The city, village or locality and county where the head office of such
corporation is to be located.
(3)
The nature of its business, whether that of a commercial bank, or a trust
company.
(4)
The amount of its capital stock, which shall be divided into shares of a par or
no par value as may be provided in the articles of incorporation.
(5)
The names and places of residence and mailing addresses of the persons who as
directors are to manage the corporation until the first annual meeting of its
stockholders.
(6) If
there is to be preferred or special classes of stock, a statement of
preferences, voting rights, if any, limitations and relative rights in respect
of the shares of each class; or a statement that the shares of each class shall
have the attributes as shall be determined by the bank's board of directors
from time to time with the approval of the director.
(7)
Any provision granting the shareholders the preemptive right to acquire
additional shares of the bank and any provision granting shareholders the right
to cumulate their votes.
(8)
Any provision, not inconsistent with law, which the incorporators elect to set
forth in the articles of incorporation for the regulation of the affairs of the
corporation, including any provision restricting the transfer of shares, any
provision which under this title is required or permitted to be set forth in
the bylaws, and any provision permitted by RCW 23B.17.030.
(9)
Any provision the incorporators elect to so set forth, not inconsistent with
law or the purposes for which the bank is organized, or any provision limiting
any of the powers granted in this title.
It
shall not be necessary to set forth in the articles of incorporation any of the
corporate powers granted in this title. The articles of incorporation shall be
signed by all of the incorporators.
EXPLANATORY
NOTE
RCW 30.08.020 was amended twice
by the 1994 legislature. Chapter 92 s 43 made technical corrections, and
chapter 256 s 42 made technical corrections and revised regulation of financial
institutions and securities. The purpose of this bill is to give effect to
both amendments by reenacting the section including both amendments.
Sec.
4. RCW
30.08.040 and 1994 c 256 s 43 and 1994 c 92 s 45 are each reenacted to read as
follows:
After
the director is satisfied of the above facts, and, within six months of the
date the notice of intention to organize has been received in his or her
office, the director shall notify the incorporators to file executed articles
of incorporation with the director in triplicate. Unless the director otherwise
consents in writing, such articles shall be in the same form and shall contain
the same information as the proposed articles and shall be filed with the
director within ten days of such notice. Within thirty days after the receipt
of such articles of incorporation, the director shall endorse upon each of the
triplicates thereof, over his or her official signature, the word
"approved," or the word "refused," with the date of such
endorsement. In case of refusal the director shall forthwith return one of the
triplicates, so endorsed, together with a statement explaining the reason for
refusal to the person from whom the articles were received, which refusal shall
be conclusive, unless the incorporators, within ten days of the issuance of
such notice of refusal, shall request a hearing pursuant to the Administrative
Procedure Act, chapter 34.05 RCW, as now or hereafter amended.
EXPLANATORY
NOTE
RCW 30.08.040 was amended twice
by the 1994 legislature. Chapter 92 s 45 made technical corrections, and chapter
256 s 43 made technical corrections and revised regulation of financial
institutions and securities. The purpose of this bill is to give effect to
both amendments by reenacting the section including both amendments.
Sec.
5. RCW
30.08.095 and 1994 c 256 s 49 and 1994 c 92 s 56 are each reenacted to read as
follows:
The
director shall collect fees for the following services:
For
filing application for certificate of authority and attendant investigation as
outlined in the law;
For
filing application for certificate conferring trust powers upon a state or
national bank;
For
filing articles of incorporation, or amendments thereof, or other certificates
required to be filed in his or her office;
For
filing merger agreement and attendant investigation;
For
filing application to relocate main office or branch and attendant
investigation;
For
issuing each certificate of authority;
For
furnishing copies of papers filed in his or her office, per page.
The
director shall establish the amount of the fee for each of the above
transactions, and for other services rendered.
Every
bank or trust company shall also pay to the secretary of state for filing any
instrument with him or her the same fees as are required of general
corporations for filing corresponding instruments, and also the same license
fees as are required of general corporations.
EXPLANATORY
NOTE
RCW 30.08.095 was amended twice
by the 1994 legislature. Chapter 92 s 56 made technical corrections, and
chapter 256 s 49 made technical corrections and revised regulation of financial
institutions and securities. The purpose of this bill is to give effect to
both amendments by reenacting the section including both amendments.
Sec.
6. RCW
30.08.190 and 1994 c 256 s 51 and 1994 c 92 s 61 are each reenacted to read as
follows:
(1)
Every regular report shall be filed with the director within thirty days from
the date of issuance of the notice. Every special report shall be filed with
the director within such time as shall be specified by him or her in the notice
therefor.
(2) Every
bank and trust company which fails to file any report, required to be filed
under subsection (1) of this section and within the time specified, shall be
subject to a penalty of fifty dollars per day for each day's delay. A civil
action for the recovery of any such penalty may be brought by the attorney
general in the name of the state.
EXPLANATORY
NOTE
RCW 30.08.190 was amended twice
by the 1994 legislature. Chapter 92 s 61 made technical corrections, and
chapter 256 s 51 made technical corrections and revised regulation of financial
institutions and securities. The purpose of this bill is to give effect to
both amendments by reenacting the section including both amendments.
Sec.
7. RCW
32.32.025 and 1994 c 256 s 105 and 1994 c 92 s 352 are each reenacted to read
as follows:
As
used in this chapter, the following definitions apply, unless the context
otherwise requires:
(1)
Except as provided in RCW 32.32.230, an "affiliate" of, or a person
"affiliated" with, a specified person, is a person that directly, or
indirectly through one or more intermediaries, controls, or is controlled by,
or is under common control with, the person specified.
(2)
The term "amount", when used in regard to securities, means the
principal amount if relating to evidences of indebtedness, the number of shares
if relating to shares, and the number of units if relating to any other kind of
security.
(3) An
"applicant" is a mutual savings bank which has applied to convert
pursuant to this chapter.
(4)
The term "associate", when used to indicate a relationship with any
person, means (a) any corporation or organization (other than the applicant or
a majority-owned subsidiary of the applicant) of which the person is an officer
or partner or is, directly or indirectly, the beneficial owner of ten percent
or more of any class of equity securities, (b) any trust or other estate in
which the person has a substantial beneficial interest or as to which the
person serves as trustee or in a similar fiduciary capacity, and (c) any
relative who would be a "class A beneficiary" if the person were a
decedent.
(5)
The term "broker" means any person engaged in the business of
effecting transactions in securities for the account of others.
(6)
The term "capital stock" includes permanent stock, guaranty stock,
permanent reserve stock, any similar certificate evidencing nonwithdrawable
capital, or preferred stock, of a savings bank converted under this chapter or
of a subsidiary institution or holding company.
(7)
The term "charter" includes articles of incorporation, articles of
reincorporation, and certificates of incorporation, as amended, effecting
(either with or without filing with any governmental agency) the organization
or creation of an incorporated person.
(8)
Except as provided in RCW 32.32.230, the term "control" (including
the terms "controlling", "controlled by", and "under
common control with") means the possession, direct or indirect, of the
power to direct or cause the direction of the management and policies of a
person, whether through the ownership of voting securities, by contract, or
otherwise.
(9)
The term "dealer" means any person who engages either for all or part
of his or her time, directly or indirectly, as agent, broker, or principal, in
the business of offering, buying, selling, or otherwise dealing or trading in
securities issued by another person.
(10)
The term "deposits" refers to the deposits of a savings bank that is
converting under this chapter, and may refer in addition to the deposits or
share accounts of any other financial institution that is converting to the
stock form in connection with a merger with and into a savings bank.
(11)
The term "director" means any director of a corporation, any trustee
of a mutual savings bank, or any person performing similar functions with
respect to any organization whether incorporated or unincorporated.
(12)
The term "eligibility record date" means the record date for
determining eligible account holders of a converting mutual savings bank.
(13)
The term "eligible account holder" means any person holding a
qualifying deposit as determined in accordance with RCW 32.32.180.
(14)
The term "employee" does not include a director or officer.
(15)
The term "equity security" means any stock or similar security; or
any security convertible, with or without consideration, into such a security,
or carrying any warrant or right to subscribe to or purchase such a security;
or any such warrant or right.
(16)
The term "market maker" means a dealer who, with respect to a
particular security, (a) regularly publishes bona fide, competitive bid and
offer quotations in a recognized interdealer quotation system; or (b) furnishes
bona fide competitive bid and offer quotations on request; and (c) is ready,
willing, and able to effect transaction in reasonable quantities at his or her
quoted prices with other brokers or dealers.
(17)
The term "material", when used to qualify a requirement for the
furnishing of information as to any subject, limits the information required to
those matters as to which an average prudent investor ought reasonably to be
informed before purchasing an equity security of the applicant.
(18)
The term "mutual savings bank" means a mutual savings bank organized
and operating under Title 32 RCW.
(19)
Except as provided in RCW 32.32.435, the term "offer", "offer to
sell", or "offer of sale" shall include every attempt or offer
to dispose of, or solicitation of an offer to buy, a security or interest in a
security, for value. These terms shall not include preliminary negotiations or
agreements between an applicant and any underwriter or among underwriters who
are or are to be in privity of contract with an applicant.
(20)
The term "officer", for purposes of the purchase of stock in a
conversion under this chapter or the sale of this stock, means the chairman of
the board, president, vice president, secretary, treasurer or principal
financial officer, comptroller or principal accounting officer, and any other
person performing similar functions with respect to any organization whether
incorporated or unincorporated.
(21)
Except as provided in RCW 32.32.435, the term "person" means an
individual, a corporation, a partnership, an association, a joint-stock
company, a trust, any unincorporated organization, or a government or political
subdivision thereof.
(22)
The term "proxy" includes every form of authorization by which a
person is or may be deemed to be designated to act for a stockholder in the
exercise of his or her voting rights in the affairs of an institution. Such an
authorization may take the form of failure to dissent or object.
(23)
The terms "purchase" and "buy" include every contract to
purchase, buy, or otherwise acquire a security or interest in a security for
value.
(24)
The terms "sale" and "sell" include every contract to sell
or otherwise dispose of a security or interest in a security for value; but
these terms do not include an exchange of securities in connection with a
merger or acquisition approved by the director.
(25)
The term "savings account" means deposits established in a mutual
savings bank and includes certificates of deposit.
(26)
Except as provided in RCW 32.32.435, the term "security" includes any
note, stock, treasury stock, bond, debenture, transferable share, investment
contract, voting-trust certificate, or in general, any instrument commonly
known as a "security"; or any certificate of interest or
participation in, temporary or interim certificate for, receipt for, or warrant
or right to subscribe to or purchase any of the foregoing.
(27)
The term "series of preferred stock" refers to a subdivision, within
a class of preferred stock, each share of which has preferences, limitations,
and relative rights identical with those of other shares of the same series.
(28)
The term "subscription offering" refers to the offering of shares of
capital stock, through nontransferable subscription rights issued to: (a)
Eligible account holders as required by RCW 32.32.045; (b) supplemental
eligible account holders as required by RCW 32.32.055; (c) directors, officers,
and employees, as permitted by RCW 32.32.140; and (d) eligible account holders
and supplemental eligible account holders as permitted by RCW 32.32.145.
(29) A
"subsidiary" of a specified person is an affiliate controlled by the
person, directly or indirectly through one or more intermediaries.
(30)
The term "supplemental eligibility record date" means the
supplemental record date for determining supplemental eligible account holders
of a converting savings bank required by RCW 32.32.055. The date shall be the
last day of the calendar quarter preceding director approval of the application
for conversion.
(31)
The term "supplemental eligible account holder" means any person
holding a qualifying deposit, except officers, directors, and their associates,
as of the supplemental eligibility record date.
(32)
The term "underwriter" means any person who has purchased from an
applicant with a view to, or offers or sells for an applicant in connection
with, the distribution of any security, or participates or has a direct or
indirect participation in the direct or indirect underwriting of any such
undertaking; but the term does not include a person whose interest is limited
to a commission from an underwriter or dealer not in excess of the usual and
customary distributors' or sellers commission. The term "principal
underwriter" means an underwriter in privity of contract with the
applicant or other issuer of securities as to which that person is the
underwriter.
Terms
defined in other chapters of this title, when used in this chapter, shall have
the meanings given in those definitions, to the extent those definitions are
not inconsistent with the definitions contained in this chapter unless the
context otherwise requires.
EXPLANATORY
NOTE
RCW 32.32.025 was amended twice
by the 1994 legislature. Chapter 92 s 352 made technical corrections, and
chapter 256 s 105 made technical corrections and revised regulation of
financial institutions and securities. The purpose of this bill is to give
effect to both amendments by reenacting the section including both amendments.
Sec.
8. RCW
35.23.051 and 1994 c 223 s 17 and 1994 c 81 s 36 are each reenacted 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 is added to the
city it may 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.
EXPLANATORY
NOTE
RCW 35.23.051 was amended twice
and recodified by the 1994 legislature. Chapter 81 s 36 recodified RCW
35.24.050 and revised classifications of cities and towns, and chapter 223 s 17
revised local government election practices. The purpose of this bill is to
give effect to both amendments by reenacting the section including both
amendments.
Sec.
9. RCW
35.23.101 and 1994 c 223 s 19 and 1994 c 81 s 38 are each reenacted 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.
EXPLANATORY
NOTE
RCW 35.23.101 was amended twice
and recodified by the 1994 legislature. Chapter 81 s 38 recodified RCW 35.24.100
and revised classifications of cities and towns, and chapter 223 s 19 revised
local government election practices. The purpose of this bill is to give
effect to both amendments by reenacting the section including both amendments.
Sec.
10. RCW
35.23.850 and 1994 c 223 s 16 and 1994 c 81 s 34 are each reenacted to read as
follows:
In any
city initially classified as a second class city prior to January 1, 1993, that
retained its second class city plan of government when the city reorganized as
a noncharter code city, the city council may divide the city into wards, not
exceeding six in all, or change the boundaries of existing wards at any time
less than one hundred twenty days before a municipal general election. No
change in the boundaries of wards shall affect the term of any councilmember,
and councilmembers shall serve out their terms in the wards of their residences
at the time of their elections. However, if these boundary changes result 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.
The
representation of each ward in the city council shall be in proportion to the
population as nearly as is practicable.
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.
EXPLANATORY
NOTE
RCW 35.23.850 was amended twice
and recodified by the 1994 legislature. Chapter 81 s 34 recodified RCW
35.23.530 and revised classifications of cities and towns, and chapter 223 s 16
revised local government election practices. The purpose of this bill is to
give effect to both amendments by reenacting the section including both
amendments.
Sec.
11. RCW
35A.06.020 and 1994 c 223 s 27 and 1994 c 81 s 68 are each reenacted to read as
follows:
The
classifications of municipalities which existed prior to the time this title
goes into effect‑-first class cities, second class cities, unclassified
cities, and towns‑-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.
EXPLANATORY
NOTE
RCW 35A.06.020 was amended twice
by the 1994 legislature. Chapter 81 s 68 revised classifications of cities and
towns, and chapter 223 s 27 revised local government election practices. The
purpose of this bill is to give effect to both amendments by reenacting the
section including both amendments.
Sec.
12. RCW
36.21.011 and 1994 c 301 s 6 and 1994 c 124 s 1 are each reenacted to read as
follows:
Any
assessor who deems it necessary in order to complete the listing and the
valuation of the property of the county within the time prescribed by law, (1)
may appoint one or more well qualified persons to act as assistants or deputies
who shall not engage in the private practice of appraising within the county in
which he or she is employed without the written permission of the assessor
filed with the auditor; and each such assistant or deputy so appointed shall,
under the direction of the assessor, after taking the required oath, perform
all the duties enjoined upon, vested in or imposed upon assessors, and (2) may
contract with any persons, firms or corporations, who are expert appraisers, to
assist in the valuation of property.
To
assist each assessor in obtaining adequate and well qualified assistants or
deputies, the state department of personnel, after consultation with the
Washington state association of county assessors, the Washington state association
of counties, and the department of revenue, shall establish by July 1, 1967,
and shall thereafter maintain, a classification and salary plan for those
employees of an assessor who act as appraisers. The plan shall recommend the
salary range and employment qualifications for each position encompassed by it,
and shall, to the fullest extent practicable, conform to the classification
plan, salary schedules and employment qualifications for state employees
performing similar appraisal functions.
An
assessor who intends to put such plan into effect shall inform the department
of revenue and the county legislative authority of this intent in writing. The
department of revenue and the county legislative authority may thereupon each
designate a representative, and such representative or representatives as may
be designated by the department of revenue or the county legislative authority,
or both, shall form with the assessor a committee. The committee so formed
may, by unanimous vote only, determine the required number of certified
appraiser positions and their salaries necessary to enable the assessor to
carry out the requirements relating to revaluation of property in chapter 84.41
RCW. The determination of the committee shall be certified to the county
legislative authority. The committee may be formed only once in a period of
four calendar years.
After
such determination, the assessor may provide, in each of the four next
succeeding annual budget estimates, for as many positions as are established in
such determination. Each county legislative authority to which such a budget
estimate is submitted shall allow sufficient funds for such positions. An
employee may be appointed to a position covered by the plan only if the
employee meets the employment qualifications established by the plan.
EXPLANATORY
NOTE
RCW 36.21.011 was amended twice
by the 1994 legislature. Chapter 124 s 1, and chapter 301 s 6 both made
technical corrections. The purpose of this bill is to give effect to both
amendments by reenacting the section including both amendments.
Sec.
13. RCW
41.32.500 and 1994 c 197 s 17 and 1994 c 177 s 5 are each reenacted to read as
follows:
Membership
in the retirement system is terminated when a member retires for service or
disability, dies, or withdraws his or her accumulated contributions.
The
prior service certificate becomes void when a member dies or withdraws the
accumulated contributions, and any prior administrative interpretation of the
board of trustees, consistent with this section, is hereby ratified, affirmed
and approved.
EXPLANATORY
NOTE
RCW 41.32.500 was amended twice
by the 1994 legislature. Chapter 177 s 5 related to withdrawal from the
teachers' retirement system, and chapter 197 s 17 related to reentering the
retirement system. The purpose of this bill is to give effect to both amendments
by reenacting the section including both amendments.
Sec.
14. RCW
84.40.080 and 1994 c 301 s 37 and 1994 c 124 s 21 are each reenacted to read as
follows:
An
assessor shall enter on the assessment roll in any year any property shown to
have been omitted from the assessment roll of any preceding year, at the value
for the preceding year, or if not then valued, at such value as the assessor
shall determine for the preceding year, and such value shall be stated
separately from the value of any other year. Where improvements have not been
valued and assessed as a part of the real estate upon which the same may be
located, as evidenced by the assessment rolls, they may be separately valued
and assessed as omitted property under this section. No such assessment shall
be made in any case where a bona fide purchaser, encumbrancer, or contract
buyer has acquired any interest in said property prior to the time such
improvements are assessed. When such an omitted assessment is made, the taxes
levied thereon may be paid within one year of the due date of the taxes for the
year in which the assessment is made without penalty or interest. In the
assessment of personal property, the assessor shall assess the omitted value
not reported by the taxpayer as evidenced by an inspection of either the
property or the books and records of said taxpayer by the assessor.
EXPLANATORY
NOTE
RCW 84.40.080 was amended twice
by the 1994 legislature. Chapter 124 s 21 made technical corrections, and chapter
301 s 37 revised the procedure for entering omitted property on the assessment
roll. The purpose of this bill is to give effect to both amendments by
reenacting the section including both amendments.
Sec.
15. RCW
84.48.050 and 1994 c 301 s 42 and 1994 c 124 s 31 are each reenacted to read as
follows:
The
county assessor shall, on or before the fifteenth day of January in each year,
make out and transmit to the state auditor, in such form as may be prescribed,
a complete abstract of the tax rolls of the county, showing the number of acres
that have been assessed and the total value of the real property, including the
structures on the real property; the total value of all taxable personal
property in the county; the aggregate amount of all taxable property in the
county; the total amount as equalized and the total amount of taxes levied in
the county for state, county, city and other taxing district purposes, for that
year. Should the assessor of any county fail to transmit to the department of
revenue the abstract provided for in RCW 84.48.010, and if, by reason of such
failure to transmit such abstract, any county shall fail to collect and pay to
the state its due proportion of the state tax for any year, the department of
revenue shall ascertain what amount of state tax said county has failed to
collect, and certify the same to the state auditor, who shall charge the amount
to the proper county and notify the auditor of said county of the amount of
said charge; said sum shall be due and payable immediately by warrant in favor
of the state on the current expense fund of said county.
EXPLANATORY
NOTE
RCW 84.48.050 was amended twice
by the 1994 legislature. Chapter 124 s 31 made technical corrections, and chapter
301 s 42 changed the state board of equalization to the department of revenue
and made other changes in the procedure for submitting abstracts of tax rolls.
The purpose of this bill is to give effect to both amendments by reenacting the
section including both amendments.
NEW
SECTION. Sec. 16. RCW
35.23.310 and 1994 c 273 s 8, 1988 c 168 s 2, & 1965 c 7 s 35.23.310 are
each repealed.
EXPLANATORY
NOTE
RCW 35.23.310 was both amended
and repealed by the 1994 legislature. Chapter 81 s 89 repealed RCW 35.23.310,
and chapter 273 s 8 amended it to provide for publication of an ordinance by
its title. Chapter 273 also amended RCW 35.24.220, which was recodified as RCW
35.23.221, to provide for such publication. The purpose of this bill is to
repeal RCW 35.23.310 and all related session laws.
