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.
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."
