BILL REQ. #:  H-2125.1 

READ FIRST TIME 02/20/09.   

     AN ACT Relating to creating regulatory restrictions applicable to metropolitan park districts; amending RCW 35.61.010, 35.61.020, 35.61.001, and 35.61.130; and adding a new section to chapter 35.61 RCW.

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

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.
     (2)(a) A metropolitan park district may only be created within a county subject to the jurisdiction of a boundary review board and may include territory located in portions or all of one or more cities ((or)), unincorporated county areas, or other counties((, or one or more cities and counties,)) subject to boundary review board jurisdiction when created or enlarged as provided in this chapter.
     (b) No metropolitan park district may be located within a county that is not 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 separate from the other impacted county or counties.
     (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) 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)). To be considered valid, 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.))
     (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 within a single county, 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.

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) 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) 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.