SENATE BILL REPORT

EHJR 4227

BYRepresentatives Haugen, Brough, Nutley, Doty, Nelson, Cooper, Rayburn, Zellinsky, Anderson, Hine, Ferguson, May and Unsoeld; by request of Washington State Local Governance Commission

Amending the state Constitution to allow restructuring of local governments.

House Committe on Local Government

Rereferred House Committee on Ways & Means/Appropriations

Senate Committee on Governmental Operations

Senate Hearing Date(s):

Senate Staff:Eugene Green (786-7405)

AS OF FEBRUARY 13, 1988

BACKGROUND:

The Local Governance Study Commission was established in 1986 to study local government in the state and make recommendations to the Legislature for changes in laws that were felt to be necessary.  This commission has twenty-one members, and three ex- officio, nonvoting members.  The twenty-one members consist of four senators, four representatives, four city elected officials, four county elected officials, and five persons representing special districts.  The ex-officio, nonvoting members were the director of the Department of Community Affairs, who chaired the meetings, and the executive directors of the Association of Washington Cities and the Washington State Association of Counties.

This constitutional amendment is one of the recommendations from this commission.

Existing constitutional provisions provide procedures by which a charter can be approved by the voters of a city of a certain minimum population to alter the governing body and officials of the city government, a charter can be approved by the voters of any county to alter the governing body and officials of the county government, and a charter can be adopted to alter powers and governing bodies of any government or governments within the county.

Statutes provide procedures how most local governments can annex territory, how some local governments can have territory withdrawn or de-annexed, and how some of the same type of local governments can merge or consolidate.  Virtually all local governments have boundaries that overlap with all or part of the boundaries of other types of local government.

The Interlocal Agreement Act authorizes local governments to enter into relationships as follows: (1) two or more local governments that each have the authority to provide the same service or facility can enter into a contract by which one government provides the service or facility for the other local government or governments; and (2) two or more local governments that each have the authority to provide the same service or facility can enter into agreements to jointly provide the service or facility.

SUMMARY:

The Legislature is required to establish two separate processes by which citizens and their local elected officials can consider alternatives to more adequately structure or shape local governments to meet their local needs as follows:

(1)  A process must be established for local governments to define and use a procedure to establish binding agreements among local governments for the provision of services and development of local policies and authorities, that could include the transfer of services and revenues between existing local governments.  This process could be used on a county-wide, less than county-wide, or greater than county-wide basis.

(2)  A process must be established for a temporary group of voters to be elected to review local governments within a county that could present proposals for altering local governments to the voters for their approval or rejection.  An advisory group of local government elected officials would assist each of these temporary groups of local voters in their deliberations.  A proposal that is submitted to voters for their approval or rejection could relate to the formation, retention, boundaries, and powers or local governments.  Provision must be made for such a group of voters to be elected from, and develop proposals affecting, an area greater than a single county.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested