SHB 1883 -
By Representative Morris
ADOPTED 03/09/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.61.010 and 2002 c 88 s 1 are each amended to read
as follows:
(1) A metropolitan park district may be created for the management,
control, improvement, maintenance, and acquisition of parks, parkways,
boulevards, and recreational facilities. A metropolitan park district
may include territory located in portions or all of one or more cities
or counties, or one or more cities and counties, when created or
enlarged as provided in this chapter.
(2) Except for a metropolitan park district created within the
corporate boundaries of a single city, a metropolitan park district may
only be created within a county subject to the jurisdiction of a
boundary review board.
(3) The creation of a metropolitan park district must comply with
all applicable goals and requirements of chapter 43.21C RCW. All
expenses incurred related to compliance with chapter 43.21C RCW must be
borne by the initiator of the metropolitan park district proposal.
(4) The creation of a metropolitan park district must be consistent
with all goals and requirements of chapter 36.93 RCW. All expenses
incurred related to compliance with chapter 36.93 RCW must be borne by
the initiator of the metropolitan park district proposal.
Sec. 2 RCW 35.61.020 and 2002 c 88 s 2 are each amended to read
as follows:
(1)(a) When proposed by citizen petition or by local government
resolution as provided in this section, a ballot proposition
authorizing the creation of a metropolitan park district shall be
submitted by resolution to the voters of the area proposed to be
included in the district at any general election, or at any special
election which may be called for that purpose.
(b) If the proposed metropolitan park district includes territory
in more than one county, a separate ballot proposition authorizing the
metropolitan park district must be submitted to the applicable voters
in each county. To be considered approved, the creation of a proposed
metropolitan park district must receive a majority of affirmative votes
in each county, with the results of each county tabulated separately
from the other impacted county or counties. The requirements of this
subsection (1)(b) do not apply to the creation of a metropolitan park
district located entirely within the corporate boundaries of a single
city.
(2) The ballot proposition shall be submitted if the governing body
of each city in which all or a portion of the proposed district is
located, and the legislative authority of each county in which all or
a portion of the proposed district is located within the unincorporated
portion of the county, each separately adopts a resolution submitting
the proposition to create a metropolitan park district.
(3)(a) As an alternative to the method provided under subsection
(2) of this section, the ballot proposition shall be submitted, except
as provided in section 3 of this act, if a petition proposing creation
of a metropolitan park district is separately submitted to the county
auditor of each county in which all or a portion of the proposed
district is located ((that is)). Except as provided in (b) of this
subsection, the petition must be signed by at least fifteen percent of
the registered voters residing in the area of each county to be
included within the proposed district. ((Where the petition is for
creation of a district in more than one county, the petition shall be
filed with the county auditor of the county having the greater area of
the proposed district, and a copy filed with each other county auditor
of the other counties covering the proposed district.))
(b) A petition proposing the creation of a metropolitan park
district to be located entirely within the corporate boundaries of a
single city must be signed by at least fifteen percent of the
registered voters residing in the area to be included within the
proposed district.
(4) All petitions prepared under this section must be consistent
with RCW 35.21.005 and Title 29A RCW.
(5) Territory by virtue of its annexation to any city whose
territory lies entirely within a park district shall be deemed to be
within the limits of the metropolitan park district. Such an extension
of a park district's boundaries shall not be subject to review by a
boundary review board independent of the board's review of the city
annexation of territory.
NEW SECTION. Sec. 3 A new section is added to chapter 35.61 RCW
to read as follows:
A proposal to create a metropolitan park district that is initiated
by a citizens petition under RCW 35.61.020(3) that contains at least
seventy-five percent of the same territory of a previously failed
proposal may not be submitted for a vote within five years of the date
of the last action of the previously failed proposal if the earlier
proposal failed due to:
(1) Not garnering separately the required number of signatures
within each county of a proposed metropolitan park district's
boundaries on a petition;
(2) Rejection, denial, or nonapproval of the proposed district by
the boundary review boards of the respective county or counties; or
(3) Nonapproval by an election held in accordance with this chapter
and Title 29A RCW.
Sec. 4 RCW 35.61.001 and 1989 c 84 s 31 are each amended to read
as follows:
(1) The creation of a metropolitan park district whose boundaries
are located either within a single county or within the corporate
boundaries of a single city, and an annexation by, or dissolution or
disincorporation of, a metropolitan park district may be subject to
potential review by a boundary review board under chapter 36.93 RCW.
(2) The proposed creation of a metropolitan park district with
territory in more than one county must undergo boundary review board
review under chapter 36.93 RCW. The review required under this
subsection (2) requires that the inclusion of each such territory in a
multicounty metropolitan park district be subject to separate review by
a boundary review board having jurisdiction over that individual
territory. If one of the territories proposed for inclusion in the
metropolitan park district is located in a county without a boundary
review board, then that county must form a boundary review board under
chapter 36.93 RCW in order to conduct the requisite review.
(3) If a metropolitan park district includes territory in more than
one county, or when the creation, annexation, dissolution, or
disincorporation of a metropolitan park district affects land in more
than one county, all actions subject to review by a boundary review
board must be reviewed separately by the boundary review board of each
affected county. The decision of each separate boundary review board
applies only to the portions of the metropolitan park district located
within that county's borders.
(4) The requirements of subsections (2) and (3) of this section do
not apply to proposed or existing metropolitan park districts located
entirely within the corporate boundaries of a single city.
Sec. 5 RCW 35.61.130 and 2006 c 222 s 1 are each amended to read
as follows:
(1)(a) Except for metropolitan park districts initiated by a
citizens petition under RCW 35.61.020(3)(a) after the effective date of
this section, a metropolitan park district has the right of eminent
domain, and may purchase, acquire and condemn lands lying within or
without the boundaries of said park district, for public parks,
parkways, boulevards, aviation landings and playgrounds, and may
condemn such lands to widen, alter and extend streets, avenues,
boulevards, parkways, aviation landings and playgrounds, to enlarge and
extend existing parks, and to acquire lands for the establishment of
new parks, boulevards, parkways, aviation landings and playgrounds.
The right of eminent domain shall be exercised and instituted pursuant
to resolution of the board of metropolitan park commissioners and
conducted in the same manner and under the same procedure as is or may
be provided by law for the exercise of the power of eminent domain by
incorporated cities and towns of the state of Washington in the
acquisition of property rights((: PROVIDED, HOWEVER)). However, funds
to pay for condemnation allowed by this section shall be raised only as
specified in this chapter.
(b) Metropolitan park districts initiated by a citizens petition
under RCW 35.61.020(3)(a) after the effective date of this section do
not have the right of eminent domain.
(2)(a) The board of metropolitan park commissioners shall have
power to employ counsel, and to regulate, manage and control the parks,
parkways, boulevards, streets, avenues, aviation landings and
playgrounds under its control, and to provide for park police, for a
secretary of the board of metropolitan park commissioners and for all
necessary employees, to fix their salaries and duties.
(b) The authority of the board of metropolitan park commissioners
does not supersede, replace, or conflict with the authority of any
other taxing district.
(3) The board of metropolitan park commissioners shall have power
to improve, acquire, extend and maintain, open and lay out, parks,
parkways, boulevards, avenues, aviation landings and playgrounds,
within or without the park district, and to authorize, conduct and
manage the letting of boats, or other amusement apparatus, the
operation of bath houses, the purchase and sale of foodstuffs or other
merchandise, the giving of vocal or instrumental concerts or other
entertainments, the establishment and maintenance of aviation landings
and playgrounds, and generally the management and conduct of such forms
of recreation or business as it shall judge desirable or beneficial for
the public, or for the production of revenue for expenditure for park
purposes; and may pay out moneys for the maintenance and improvement of
any such parks, parkways, boulevards, avenues, aviation landings and
playgrounds as now exist, or may hereafter be acquired, within or
without the limits of said city and for the purchase of lands within or
without the limits of said city, whenever it deems the purchase to be
for the benefit of the public and for the interest of the park
district, and for the maintenance and improvement thereof and for all
expenses incidental to its duties: PROVIDED, That all parks,
boulevards, parkways, aviation landings and playgrounds shall be
subject to the police regulations of the city within whose limits they
lie.
(4) For all employees, volunteers, or independent contractors, who
may, in the course of their work or volunteer activity with the park
district, have unsupervised access to children or vulnerable adults, or
be responsible for collecting or disbursing cash or processing
credit/debit card transactions, park districts shall establish by
resolution the requirements for a record check through the Washington
state patrol criminal identification system under RCW 43.43.830 through
43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of
investigation, including a fingerprint check using a complete
Washington state criminal identification fingerprint card. The park
district shall provide a copy of the record report to the employee,
volunteer, or independent contractor. When necessary, as determined by
the park district, prospective employees, volunteers, or independent
contractors may be employed on a conditional basis pending completion
of the investigation. If the prospective employee, volunteer, or
independent contractor has had a record check within the previous
twelve months, the park district may waive the requirement upon
receiving a copy of the record. The park district may in its
discretion require that the prospective employee, volunteer, or
independent contractor pay the costs associated with the record check."
Correct the title.
EFFECT: Exempts proposed or existing metropolitan park districts located entirely within the corporate boundaries of a single city from the provisions of the act explicitly regulating metropolitan park districts with territory located in more than one county.