S‑0537.1   _____________________________________________

 

SENATE BILL 6097

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Winsley and Rasmussen

 

Read first time 02/21/2001.  Referred to Committee on State & Local Government.

_1      AN ACT Relating to joint powers of public agencies; and

_2  amending RCW 39.34.030.

     

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_4      Sec. 1.  RCW 39.34.030 and 1992 c 161 s 4 are each amended to read

_5  as follows:

_6      (1) Any power or powers, privileges, or authority exercised or

_7  capable of exercise by a public agency of this state may be

_8  exercised and enjoyed jointly with any other public agency of this

_9  state having the power or powers, privilege, or authority, and

10  jointly with any public agency of any other state or of the United

11  States to the extent that laws of such other state or of the

12  United States permit such joint exercise or enjoyment.  Any agency

13  of the state government when acting jointly with any public agency

14  may exercise and enjoy all of the powers, privileges, and

15  authority conferred by this chapter upon a public agency.  Any power

16  or powers, privileges, or authority exercised or capable of

17  exercise by one or more public agencies of this state may be

18  exercised jointly through a cooperative agreement with any other

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_1  public agency of this state so long as at least one of the

_2  participating public agencies has the power or powers, privilege,

_3  or authority.  Where two or more public agencies of this state

_4  jointly exercise through a cooperative agreement any power or

_5  powers, privilege, or authority held by at least one of the

_6  participating agencies, the participating agencies acting through

_7  the joint powers agreement shall be empowered to act as fully as

_8  if the participating agencies were one combined public agency

_9  vested with the same power or powers, privileges, or authority.

10      (2) Any two or more public agencies may enter into agreements

11  with one another for joint or cooperative action pursuant to the

12  provisions of this chapter:  PROVIDED, That any such joint or

13  cooperative action by public agencies which are educational

14  service districts and/or school districts shall comply with the

15  provisions of RCW 28A.320.080.  Appropriate action by ordinance,

16  resolution, or otherwise pursuant to law of the governing bodies

17  of the participating public agencies ((shall be)) is necessary

18  before any such agreement may enter into force.

19      (3) Any such agreement shall specify the following:

20      (a) Its duration;

21      (b) The precise organization, composition, and nature of any

22  separate legal or administrative entity created thereby together

23  with the powers delegated thereto, provided such entity may be

24  legally created.  Such entity may include a nonprofit corporation

25  organized pursuant to chapter 24.03 or 24.06 RCW whose membership

26  is limited solely to the participating public agencies or a

27  partnership organized pursuant to chapter 25.04 RCW whose partners

28  are limited solely to participating public agencies and the funds

29  of any such corporation or partnership shall be subject to audit

30  in the manner provided by law for the auditing of public funds;

31      (c) Its purpose or purposes;

32      (d) The manner of financing the joint or cooperative

33  undertaking and of establishing and maintaining a budget therefor;

34      (e) The permissible method or methods to be employed in

35  accomplishing the partial or complete termination of the agreement

36  and for disposing of property upon such partial or complete

37  termination;

38      (f) Any other necessary and proper matters.

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_1      (4) In the event that the agreement does not establish a

_2  separate legal entity to conduct the joint or cooperative

_3  undertaking, the agreement shall, in addition to items enumerated

_4  in subsection (3)(a), (c), (d), (e), and (f) ((enumerated in

_5  subdivision (3) hereof)) of this section, contain the following:

_6      (a) Provision for an administrator or a joint board responsible

_7  for administer­ing the joint or cooperative undertaking.  In the case

_8  of a joint board, public agencies party to the agreement shall be

_9  represented;

10      (b) The manner of acquiring, holding, and disposing of real and

11  personal property used in the joint or cooperative undertaking.

12  Any joint board is authorized to establish a special fund with a

13  state, county, city, or district treasurer servicing an involved

14  public agency designated "Operating fund of . . . . . . joint board".

15      (5) No agreement made pursuant to this chapter shall relieve

16  any public agency of any obligation or responsibility imposed upon

17  it by law except that to the extent of actual and timely

18  performance thereof by a joint board or other legal or

19  administrative entity created by an agreement made hereunder, the

20  performance may be offered in satisfaction of the obligation or

21  responsibility.

22      (6) Financing of joint projects by agreement shall be as

23  provided by law.

 

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