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.
