S-3677.3

SENATE BILL 6312


State of Washington	64th Legislature	2016 Regular Session

By Senators Keiser, Roach, and Hasegawa

Read first time 01/14/16. Referred to Committee on Government Operations & Security.

AN ACT Relating to the core legislative powers of elected commissioners of a public hospital district; amending RCW 70.44.007; adding new sections to chapter 70.44 RCW; and creating a new section.

NEW SECTION. Sec. 1. The legislature intends to clarify the limits on public hospital districts to delegate the core legislative powers of the district and its elected board of commissioners to other entities. As a duly constituted public hospital district, elected commissioners must maintain and exercise their authority to carry out core legislative powers, including, but not limited to, the power to approve or reject proposed tax levy measures, the incurring of debt or bond issuance, the selection of the district's chief executive, and the district's annual budget. The legislature further intends that elected commissioners for a public hospital district may not transfer their authority to a nonstatutory, unelected decision-making body without the approval of the voters in that district.

A public hospital district may not delegate any of the core legislative powers of its elected commissioners to another decision-making body unless a proposition to ratify such an agreement is submitted to the voters of the public hospital district at the next general election. The text of the proposition to ratify the agreement, an explanatory statement describing the measure, and statements for and against the measure must be included in the local voter's pamphlet as provided in RCW 29A.32.210 through 29A.32.280. The election must be conducted as provided in Title 29A RCW. The costs of the election must be paid by the public hospital district and the entity to which the powers have been delegated. If the agreement is not ratified by a majority of the votes cast on the proposition, the agreement is terminated.

(1) For any public hospital district that has entered into an agreement delegating any of the core legislative powers of its elected commissioners to another decision-making body prior to the effective date of this section, a majority vote of approval from the district's elected commissioners is required for every decision regarding: (a) A tax levy; (b) the district's annual budget; (c) the incurring of debt or the issuance of bond; or (d) the selection of the district's chief administrative official. If a majority of the district's elected commissioners do not vote to approve the decision, the decision in question must be submitted to the voters at the next general election.

(2) The text of the proposition to ratify the decision, an explanatory statement describing the measure, and statements for and against the measure must be included in the local voter's pamphlet as provided in RCW 29A.32.210 through 29A.32.280. The election must be conducted as provided in Title 29A RCW. The costs of the election must be paid by the public hospital district and the entity to which the powers have been delegated. If the decision is not ratified by a majority of the votes cast on the proposition, the decision is revoked.

(1) "Core legislative powers" means those powers usually associated with the legislative branch of government including, but not limited to, the powers to tax, to establish a budget, to incur debt, and to select or ratify the chief administrative official to operate the public hospital district.

(2) "Other health care facilities" means nursing home, extended care, long-term care, outpatient and rehabilitative facilities, ambulances, and such other facilities as are appropriate to the health needs of the population served.

(((2))) (3) "Other health care services" means nursing home, extended care, long-term care, outpatient, rehabilitative, health maintenance, and ambulance services and such other services as are appropriate to the health needs of the population served.