HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No. HB 2431

Provisions concerning Southwest Washington Fair      Hrg Date:  1/30/98

Brief Title

Reps. DeBoldt/Alexander                              Staff: Caroleen Dineen

Sponsor                                    Comm. on Govt. Admin.

                                           Phone: 786-7156

BACKGROUND:

Article II, Section 28 of the Washington Constitution prohibits enacting any private or special laws to, among other items, grant corporate powers or privileges or release obligations of any municipal or other corporation. The Washington Supreme Court has defined prohibited Aspecial legislation@ as Alegislation which operates upon a single person or entity.@  Conversely, general legislation Aoperates upon all things or people within a class.@  The Aclass@ affected by general legislation Amay consist of one person or corporation as long as the law applies to all members of the class.@

Chapter 36.90 RCW relates to the Southwest Washington Fair (the AFair@).  The Fair is categorized as a county and district fair but considered an agricultural fair for funding allocation purposes.  The Fair was formerly managed by a commission, which was abolished by statute in 1973.  The 1973 statute transferred administration and control of all commission obligations to the Lewis County Board of Commissioners

(board) and vested title to all Fair property in the board.

The board is authorized to appoint a citizens= commission to advise and assist in carrying out the Fair.  The board chair is required to serve as the chair of the citizens= committee. 

The board is also authorized to acquire and improve real property for Fair purposes.  Any surplus property may be sold or exchanged according to specified procedures.

According to RCW 35.21.730, local governments may by ordinance or resolution create public corporations, commissions and authorities to perform specified functions and may transfer funds, property or services to such entities.

                                                     Continued

HB 2431 - Page 2

SUMMARY:

Provisions regarding management and operation of the Fair are revised.

As an alternative to appointing a citizens= committee, the board may appoint a designee to fulfill all of the board=s obligations with respect to the Fair.  The chair of the board may but is not required to serve as the chair of any citizens= committee that is appointed.

Fair property is under the jurisdiction of Lewis County and is under the management and control of the board or its designee. Any exchange of surplus Fair property must be conducted according to Lewis County property management regulations.

The definition of Aemployer@ is amended for purposes of the Public Employees Retirement System (PERS) Plans I and II to include a public corporation, commission or authority created by a local government pursuant to RCW 35.21.730

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.