CERTIFICATION OF ENROLLMENT

 

                   ENGROSSED SENATE BILL 5600

 

 

                   Chapter 204, Laws of 1997

 

                         (partial veto)

 

                        55th Legislature

                      1997 Regular Session

 

 

INTERNAL OPERATION OF COUNTIES

 

 

 

                    EFFECTIVE DATE:  7/27/97

Passed by the Senate March 14, 1997

  YEAS 42   NAYS 7

 

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House April 14, 1997

  YEAS 72   NAYS 25

             CERTIFICATE

 

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  ENGROSSED SENATE BILL 5600 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

           MIKE O'CONNELL

                            Secretary

 

 

Approved April 24, 1997, with the exception of section 5, which is vetoed.Place Style On Codes above, and Style Off Codes below.    

                                FILED          

 

 

           April 24, 1997 - 4:43 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    ENGROSSED SENATE BILL 5600

          _______________________________________________

 

             Passed Legislature - 1997 Regular Session

 

State of Washington      55th Legislature     1997 Regular Session

 

By Senators Hale, Haugen and Johnson

 

Read first time 02/03/97.  Referred to Committee on Government Operations.

Making changes to the internal operations of counties.      


    AN ACT Relating to internal matters for the operation of counties; amending RCW 2.08.100, 36.40.200, 36.40.250, and 13.04.035; adding a new section to chapter 36.40 RCW; and repealing RCW 36.40.110.

 

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

 

    Sec. 1.  RCW 2.08.100 and 1939 c 189 s 1 are each amended to read as follows:

    The county auditor of each county shall ((draw his warrant on the treasurer of such county on the first Monday of each month for the amount of salary due for the previous month from such county to the judge of the superior court thereof, and said warrant shall be paid by said treasurer out of the salary fund of said county:  PROVIDED, That no such warrant shall be issued until the judge who is to receive the same shall have made an affidavit, in the manner provided by law, that no cause in his court remains pending and undecided contrary to the provisions of RCW 2.08.240 and of section 20, Article 4, Constitution of the state of Washington)) pay superior court judges in the same means and manner provided for all other elected officials.

 

    Sec. 2.  RCW 36.40.200 and 1963 c 4 s 36.40.200 are each amended to read as follows:

    All appropriations shall lapse at the end of the fiscal year:  PROVIDED, That the appropriation accounts ((shall)) may remain open for a period of thirty days, and may, at the auditor's discretion, remain open for a period not to exceed sixty days thereafter for the payment of claims incurred against such appropriations prior to the close of the fiscal year.

    After such period has expired all appropriations shall become null and void and any claim presented thereafter against any such appropriation shall be provided for in the next ensuing budget:  PROVIDED, That this shall not prevent payments upon uncompleted improvements in progress at the close of the fiscal year.

 

    Sec. 3.  RCW 36.40.250 and 1995 c 193 s 1 are each amended to read as follows:

    In lieu of adopting an annual budget, the county legislative authority of any county may adopt an ordinance or a resolution providing for biennial budgets with a mid-biennium review and modification for the second year of the biennium.  The county legislative authority may repeal such an ordinance or resolution and revert to adopting annual budgets for a period commencing after the end of a biennial budget cycle.  The county legislative authority of a county with a biennial budget cycle may adopt supplemental and emergency budgets in the same manner and subject to the same conditions as the county legislative authority in a county with an annual budget cycle.

    The procedure and steps for adopting a biennial budget shall conform with the procedure and steps for adopting an annual budget and with requirements established by the state auditor.  The state auditor shall establish requirements for preparing and adopting the mid-biennium review and modification for the second year of the biennium.

    Expenditures included in the biennial budget, mid-term modification budget, supplemental budget, or emergency budget shall constitute the appropriations for the county during the applicable period of the budget and every county official shall be limited in making expenditures or incurring liabilities to the amount of the detailed appropriation item or classes in the budget.

    In lieu of adopting an annual budget or a biennial budget with a mid-biennium review for all funds, the legislative authority of any county may adopt an ordinance or a resolution providing for a biennial budget or budgets for any one or more funds of the county, with a mid-biennium review and modification for the second year of the biennium, with the other funds remaining on an annual budget.  The county legislative authority may repeal such an ordinance or resolution and revert to adopting annual budgets for a period commencing after the end of the biennial budget or biennial budgets for the specific agency fund or funds.  The county legislative authority of a county with a biennial budget cycle may adopt supplemental and emergency budgets in the same manner and subject to the same conditions as the county legislative authority in a county with an annual budget cycle.

    The county legislative authority shall hold a public hearing on the proposed county property taxes and proposed road district property taxes prior to imposing the property tax levies.

 

    NEW SECTION.  Sec. 4.  A new section is added to chapter 36.40 RCW to read as follows:

    In addition to the supplemental appropriations provided in RCW 36.40.100 and 36.40.140, the county legislative authority may provide by resolution a policy for supplemental appropriations as a result of unanticipated funds from local revenue sources.

 

    *Sec. 5.  RCW 13.04.035 and 1996 c 284 s 1 are each amended to read as follows:

    Juvenile court shall be administered by the superior court, except that by local court rule and agreement with the legislative authority of the county this service may be administered by the legislative authority of the county.  Juvenile probation counselor and detention services shall be administered by the superior court, except that (1) by local court rule and agreement with the county legislative authority, these services may be administered by the county legislative authority; (2) if a consortium of three or more counties, located east of the Cascade mountains and whose combined population exceeds five hundred thirty thousand, jointly operates a juvenile correctional facility, the county legislative authorities may prescribe for alternative administration of the juvenile correctional facility by ordinance; ((and)) (3) in any county with a population of one million or more, probation and detention services shall be administered in accordance with chapter 13.20 RCW; and (4) in any county with a population of at least two hundred fifty thousand but less than five hundred thousand, the county legislative authority may prescribe for alternative administration of these services by ordinance.  The administrative body shall appoint an administrator of juvenile court, probation counselor, and detention services who shall be responsible for day-to-day administration of such services, and who may also serve in the capacity of a probation counselor.  One person may, pursuant to the agreement of more than one administrative body, serve as administrator of more than one juvenile court.

*Sec. 5 was vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 6.  RCW 36.40.110 and 1963 c 4 s 36.40.110 are each repealed.


    Passed the Senate March 14, 1997.

    Passed the House April 14, 1997.

Approved by the Governor April 24, 1997, with the exception of certain items that were vetoed.

    Filed in Office of Secretary of State April 24, 1997.


 

    Note:  Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to section 5, Engrossed Senate Bill No. 5600 entitled:

 

"AN ACT Relating to internal matters for the operation of counties;"

 

    This legislation is primarily a technical bill that deletes archaic statutes, makes other financial statutes more usable, and provides county auditors with more flexibility in the administration of their duties.

 

    Section 5 of this bill would have allowed counties with populations between 250,000 and 499,999 to prescribe by ordinance alternative administration of juvenile probation and detention services.  Such a provision would effectively allow a select few counties to give themselves exclusive control over juvenile services without the concurrence of the courts.

 

    Current law already provides a process whereby counties may assume responsibility for these services upon agreement from the court.  Courts should not be excluded, without their concurrence, from the decision making regarding the administration of juvenile detention and probation services.  The courts see juvenile offenders who come before them firsthand, and have extensive knowledge of the types of services that are needed.  Additionally, there appears to be no legitimate reason to differentiate between counties merely on the basis of population regarding the provision of these services.

 

    For these reasons, I have vetoed section 5 of Engrossed Senate Bill No. 5600.

 

    With the exception of section 5, Engrossed Senate Bill No. 5600 is approved."