BP BHEAD INT S

AN ACT Relating to the clerk of the board of county commissioners; and amending RCW 36.22.010, 36.22.020, 36.22.120, 36.32.110, 36.32.160, 36.32.170, 36.34.090, 36.55.040, and 36.72.075.

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

Sec. 1. RCW 36.22.010 and 1995 c 194 s 1 are each amended to read as follows:

The county auditor:

(1) Shall be recorder of deeds and other instruments in writing which by law are to be filed and recorded in and for the county for which he or she is elected;

(2) Shall keep an account current with the county treasurer, charge all money received as shown by receipts issued and credit all disbursements paid out according to the record of settlement of the treasurer with the legislative authority;

(3) Shall make out and transmit to the state auditor a complete statement of the state fund account with the county for the past fiscal year certified by his or her certificate and seal, immediately after the completion of the annual settlement of the county treasurer with the legislative authority. The statement must be available to the public;

(4) Shall make available a complete exhibit of the prior-year finances of the county including, but not limited to, a statement of financial condition and financial operation in accordance with standards developed by the state auditor. This exhibit shall be made available after the financial records are closed for the prior year;

(5) Shall make out a register of all warrants legally authorized and directed to be issued by the legislative body at any regular or special meeting. The auditor shall make the data available to the county treasurer. The auditor shall retain the original of the register of warrants for future reference((;

~~(6) As clerk of the board of county commissioners, shall:~~

~~Record all of the proceedings of the legislative authority;~~

~~Make full entries of all of their resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county;~~

~~Record the vote of each member on any question upon which there is a division or at the request of any member present;~~

~~Sign all orders made and warrants issued by order of the legislative authority for the payment of money;~~

~~Record the reports of the county treasurer of the receipts and disbursements of the county;~~

~~Preserve and file all accounts acted upon by the legislative authority;~~

~~Preserve and file all petitions and applications for franchises and record the action of the legislative authority thereon;~~

~~Record all orders levying taxes;~~

~~Perform all other duties required by any rule or order of the legislative authority~~)).

Sec. 2. RCW 36.22.020 and 1995 c 194 s 2 are each amended to read as follows:

It shall be the duty of the ((~~county auditor of~~)) clerk designated under RCW 36.32.110 for each county legislative authority, within fifteen days after the adjournment of each regular session, to publish a summary of the proceedings of the legislative authority at such term, in any newspaper published in the county or having a general circulation therein, or the ((~~auditor~~)) clerk may post copies of such proceedings in three of the most public places in the county.

The seal of the county commissioners for each county, used by the ((~~county auditor as~~)) clerk to attest to the proceedings of the legislative authority, shall be and remain in the custody of the ((~~county auditor, and~~)) clerk. The auditor is hereby authorized to use such seal in attestation of all official acts, whether as ((~~clerk of the legislative authority, as~~)) auditor or recorder of deeds; and all certificates, exemplifications of records, or other acts performed as county auditor, certified under the seal of the county commissioners, pursuant to this section, in this state, shall be as valid and legally binding as though attested by a seal of office of the county auditor.

Sec. 3. RCW 36.22.120 and 1963 c 4 s 36.22.120 are each amended to read as follows:

In case the ((~~auditor~~)) clerk designated under RCW 36.32.110 is unable to attend to the duties of ((~~his~~)) office during any session of the board of county commissioners, and has no deputy ((~~by him appointed~~)) in attendance, the board may temporarily appoint a suitable person not by law disqualified from acting as such to perform the ((~~auditor's~~)) designated clerk's duties.

Sec. 4. RCW 36.32.110 and 1981 c 240 s 1 are each amended to read as follows:

The county ((~~auditor shall~~)) legislative authority shall designate a person to be the clerk of the board of county commissioners ((~~unless the board of county commissioners designates one of its employees to serve as clerk~~)) who shall attend its meetings and keep a record of its proceedings.

Sec. 5. RCW 36.32.160 and 1963 c 4 s 36.32.160 are each amended to read as follows:

The books containing the transcribed records shall be certified by the ((~~county auditor~~)) clerk designated under RCW 36.32.110, under whose direction the transcribing was done, as being true copies of the original.

Sec. 6. RCW 36.32.170 and 1963 c 4 s 36.32.170 are each amended to read as follows:

All the original record books, after the transcribing thereof, shall be filed away in the ((~~auditor's~~)) office of the clerk designated under RCW 36.32.110 and only be used in case of contest on the correctness of the transcribed records.

Sec. 7. RCW 36.34.090 and 1991 c 363 s 69 are each amended to read as follows:

Whenever county property is to be sold at public auction, consignment auction, or sealed bid, the ((~~county auditor~~)) clerk designated under RCW 36.32.110 shall publish notice thereof once during each of two successive calendar weeks in a newspaper of general circulation in the county. Notice thereof must also be posted in a conspicuous place in the courthouse. The posting and date of first publication must be at least ten days before the day fixed for the sale.

Sec. 8. RCW 36.55.040 and 1985 c 469 s 49 are each amended to read as follows:

On application being made to the county legislative authority for franchise, it shall fix a time and place for hearing the same, and shall cause the ((~~county auditor~~)) clerk designated under RCW 36.32.110 to give public notice thereof at the expense of the applicant, by posting notices in three public places in the county seat of the county at least fifteen days before the day fixed for the hearing. The county legislative authority shall also publish a like notice two times in the official newspaper of the county, the last publication to be not less than five days before the day fixed for the hearing. The notice shall state the name or names of the applicant or applicants, a description of the county roads by reference to section, township and range in which the county roads or portions thereof are physically located, to be included in the franchise for which the application is made, and the time and place fixed for the hearing.

Sec. 9. RCW 36.72.075 and 1977 c 34 s 2 are each amended to read as follows:

At its first April meeting, the county legislative authority shall let a contract to a legal newspaper qualified under this section to serve as the official county newspaper for the term of one year beginning on the first day of July following. If there be at least one legal newspaper published in the county, the contract shall be let to a legal newspaper published in the county. If there be no legal newspaper published in the county, the county legislative authority shall let the contract to a legal newspaper published in an adjacent county and having general circulation in the county.

When two or more legal newspapers are qualified under the provisions of this section to be the official county newspaper, the ((~~county auditor~~)) clerk designated under RCW 36.32.110 shall advertise, at least five weeks before the meeting at which the county legislative authority shall let the contract for the official county newspaper, for bid proposals to be submitted by interested qualified legal newspapers. Advertisement of the opportunity to bid shall be mailed to all qualified legal newspapers and shall be published once in the official county newspaper. The advertisement may designate the form which notices shall take, and may require that the successful bidder provide a bond for the correct and faithful performance of the contract.

The county legislative authority shall let the contract to the best and lowest responsible bidder, giving consideration to the question of circulation in awarding the contract, with a view to giving publication of notices the widest publicity.