BILL REQ. #:  S-0661.1 



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SENATE BILL 5835
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State of Washington59th Legislature2005 Regular Session

By Senators Hewitt, McCaslin and Deccio

Read first time 02/09/2005.   Referred to Committee on Financial Institutions, Housing & Consumer Protection.



     AN ACT Relating to dissolving or deactivating joint housing authorities; amending RCW 35.82.300 and 35.82.320; and adding a new section to chapter 35.82 RCW.

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

Sec. 1   RCW 35.82.300 and 2002 c 258 s 1 are each amended to read as follows:
     This section applies to all cities and counties.
     (1) Joint housing authorities are hereby authorized when the legislative authorities of one or more counties and the legislative authorities of any city or cities within any of those counties or in another county or counties have authorized such joint housing authority by ordinance.
     (2) The ordinances enacted by the legislative authorities creating the joint housing authority shall prescribe the number of commissioners, the method for their appointment and length of their terms, the election of officers, and the method for removal of commissioners.
     (3) The ordinances enacted by the legislative authorities creating the joint housing authority shall prescribe the allocation of all costs of the joint housing authority and any other matters necessary for the operation of the joint housing authority.
     (4) A joint housing authority shall have all the powers as prescribed by this chapter for any housing authority. The area of operation of a joint housing authority shall be the combined areas, defined by RCW 35.82.020(6), of the housing authorities created in each city and county authorizing the joint housing authority.
     (5) The provisions of RCW 35.82.040 and 35.82.060 shall not apply to a joint housing authority created pursuant to this section.
     (6) The ordinances enacted by the legislative authorities creating the joint housing authority shall prescribe the procedure for dissolution or deactivation of a joint housing authority and any other matters necessary to effectuate the dissolution or deactivation of a joint housing authority, including distribution of the assets, liabilities, and obligations of a joint housing authority to the original activating governing bodies for the limited purposes of winding up the affairs of a deactivated joint housing authority or transferring assets, obligations, or liabilities to the housing authority of a city, town, or county.

Sec. 2   RCW 35.82.320 and 1987 c 275 s 1 are each amended to read as follows:
     A housing authority or joint housing authority created under this chapter and activated by a resolution or ordinance by the governing body of a city, town, or county may be deactivated by a resolution or ordinance by ((the)) any city, town, or county that created the housing authority or joint housing authority. The findings listed in RCW 35.82.030 to activate the housing authority or joint housing authority shall be considered prior to deactivating the housing authority. However, a city, town, or county is authorized to deactivate a joint housing authority based on additional considerations of the local needs of the city, town, or county. For the ((sole)) limited purposes of winding up the affairs of a deactivated housing authority or transferring the assets, liabilities, and obligations of a joint housing authority to the housing authority of a city, town, or county, the governing body of ((the)) a city, town, or county may exercise any power granted to a housing authority under this chapter.

NEW SECTION.  Sec. 3   A new section is added to chapter 35.82 RCW to read as follows:
     A city, town, or county must include in any ordinance or resolution authorizing a deactivation under the terms of RCW 35.82.320 adequate provisions to assure the payment of financial obligations incurred by the housing authority or joint housing authority and existing and in good standing at the time of passage of the ordinance or resolution.

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