1464-S AMH VALL H2214.1
SHB 1464 - H AMD 000142 WITHDRAWN 03-13-93
By Representatives Valle, Van Luven, Heavey, Locke, Cole G., Fisher G., Cooke, Forner
On page 64, after line 7, insert the following:
"Sec. 75. RCW 36.105.010 and 1991 c 363 s 99 are each amended to read as follows:
Voters of the
unincorporated areas of the state are authorized to establish ((community))
unincorporated area councils as provided in this chapter.
It is the purpose of this chapter to enable the voters in unincorporated areas to establish local representative bodies which can articulate a community identity, build community spirit, and provide the community with greater political voice.
In addition, it
is the purpose of this chapter to provide voters of unincorporated areas ((in
counties with a population of over thirty thousand that are made up entirely of
islands)) with direct input on the planning and zoning of their community
by establishing a governmental mechanism to adopt ((proposed community
comprehensive plans and)) a proposed community zoning ordinance((s))
for a community that ((are)) is consistent with the
county's comprehensive plan and an ((overall guide and framework)) ordinance
adopted by the county legislative authority establishing a guide and
framework for community zoning ordinances. In addition, it is the purpose
of this chapter to have ((community)) unincorporated area
councils serve as forums for the discussion of local issues.
NEW SECTION. Sec. 76. A new section is added to chapter 36.105 RCW to read as follows:
Unincorporated area councils may be established only in the following counties:
(1) A county composed entirely of islands and with a population of over thirty thousand; or
(2) A county with a population of one million or more.
Sec. 77. RCW 36.105.020 and 1991 c 363 s 100 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)
"Community" means a portion of the unincorporated area for which ((a
community)) an unincorporated area council has been established ((and
which is located in a county with a population of over thirty thousand that is
made up entirely of islands)).
(2) (("Community
comprehensive plan" means a comprehensive plan adopted by a community
council.
(3) "Community
council" means the governing body established under this chapter to adopt
community comprehensive plans and community zoning ordinances for a community.
(4))) "Community zoning ordinance((s))"
means the zoning ordinance((s)) adopted by ((a community)) an
unincorporated area council to implement ((a community)) and be
consistent with the county's comprehensive plan.
(3) "Unincorporated area council" means the governing body established under this chapter to adopt a proposed community zoning ordinance for a community.
Sec. 78. RCW 36.105.030 and 1991 c 363 s 101 are each amended to read as follows:
A community for which
((a community)) an unincorporated area council is created ((may
include only unincorporated territory located in a single county with a
population of over thirty thousand that is made up entirely of islands and not
included within a city or town. A community council)) must have at least
one thousand ((persons residing within the community when the community))
residences when the unincorporated area council is created or, where the
community only includes an entire island, at least three hundred ((persons
must reside on the island)) residences when the ((community))
unincorporated area council is created. Any portion of such a community
that is annexed by a city or town, or is incorporated as a city or town, shall
be removed from the community upon the effective date of the annexation or the
official date of the incorporation. Except for a community that is composed
of an entire island, a community may not include territory located both inside
and outside of an urban growth area designated under RCW 36.70A.110.
Sec. 79. RCW 36.105.040 and 1991 c 363 s 102 are each amended to read as follows:
(1) The process to
create ((a community)) an unincorporated area council shall be
initiated by the filing of petitions with the county auditor of the county in
which the community is located which: (a) Call for the creation of ((a
community)) an unincorporated council; (b) set forth the boundaries
for the community; (c) indicate the number of ((community councilmembers))
members on the unincorporated area council, which shall be five, seven,
nine, ((or)) eleven, thirteen, or fifteen; and (d) contain signatures
of voters residing within the community equal in number to at least ten percent
of the voters residing in the community who voted at the last state general
election. The county auditor shall determine if the petitions contain a
sufficient number of valid signatures and certify the sufficiency of the
petitions within fifteen days of when the petitions were filed. If the
petitions are certified as having sufficient valid signatures, the county
auditor shall transmit the petitions and certificate to the county legislative
authority.
(2) The county
legislative authority shall hold a public hearing within the community on the
creation of the proposed ((community)) unincorporated area
council no later than sixty days after the petitions and certificate of sufficiency
were transmitted to the county legislative authority. Notice of the public
hearing shall be published in a newspaper of general circulation in the
community for at least once a week for two consecutive weeks, with the last
date of publication no more than ten days prior to the date of the public
hearing. At least ten days before the public hearing, additional notice shall
be posted conspicuously in at least five places within the ((proposed))
community in a manner designed to attract public attention.
(3) After receiving
testimony on the creation of the proposed ((community)) unincorporated
area council, the county legislative authority may alter the boundaries of
the community, but the boundaries may not be altered to reduce the number of
persons living within the community by more than ten percent or below the
minimum number of residents who must reside within the community at the time of
the creation of the ((community)) unincorporated area council.
If territory is added to the community, another public hearing on the proposal
shall be held.
(4) The county
legislative authority shall call a special election within the community to
determine whether the proposed ((community)) unincorporated area
council shall be created, and to elect the initial ((community)) unincorporated
area councilmembers, at the next state general election occurring
seventy-five or more days after the initial public hearing on the creation of
the proposed ((community)) unincorporated area council. The ((community))
unincorporated area council shall be created if the ballot proposition
authorizing the creation of the ((community)) unincorporated area
council is approved by a simple majority vote of the voters of the
community voting on the proposition.
Sec. 80. RCW 36.105.050 and 1991 c 363 s 103 are each amended to read as follows:
The initial members of
((the community)) an unincorporated area council shall be elected
at the same election as the ballot proposition is submitted authorizing the
creation of the ((community)) unincorporated area council.
However, the election of the initial ((community)) councilmembers shall
be null and void if the ballot proposition authorizing the creation of the ((community))
unincorporated area council is not approved by a simple majority vote
of the voters of the community voting on the proposition.
No primary election
shall be held to nominate candidates for initial council positions. ((The
initial community council shall consist of the candidate for each council
position who receives the greatest number of votes for that council position.))
Candidates shall run for specific council positions. The person receiving
the greatest number of votes for each council position is elected as a councilmember.
Staggering of terms of office shall be accomplished by having the simple
majority of the ((winning candidates who receive)) persons who are
elected receiving the greatest number of votes being elected to four-year
terms of office, and the remaining ((winning candidates)) persons who
are elected being elected to two-year terms of office, if the election was
held in ((an even-numbered)) the same year as the year in
which members of the county legislative authority normally are elected, or
the simple majority of the ((winning candidates who receive)) persons
who are elected receiving the greatest number of votes being elected to
three-year terms of office, and the remaining ((winning candidates)) persons
who are elected being elected to one-year terms of office, if the election
was held in ((an odd-numbered)) a year in which members of the
county legislative authority normally are not elected, with the terms of
office being computed from the first day of January in the year following
the election. Initial councilmembers shall take office immediately when
qualified in accordance with RCW 29.01.135.
((However, where the
county operates under a charter providing for the election of members of the
county legislative authority in odd-numbered years, the terms of office of the
initial councilmembers shall be four years and two years, if the election of
the initial councilmembers was held on an odd-numbered year, or three years and
one year, if the election of the initial councilmembers was held on an even-numbered
year.))
Sec. 81. RCW 36.105.060 and 1991 c 363 s 104 are each amended to read as follows:
((Community)) Unincorporated
area councilmembers shall be elected to staggered four-year terms of
office until their successors are elected and qualified. Each council
position shall be numbered separately. Candidates shall run for specific
council positions. The number of council positions shall be five, seven, nine,
or eleven, as specified in the petition calling for the creation of the ((community))
unincorporated area council. At every other general election when
councilmembers are elected, the number of councilmembers who are normally
elected shall vary by one.
((Community)) Except
as provided in this chapter, unincorporated area councilmembers shall be
nominated and elected at nonpartisan elections pursuant to general election
laws((, except the elections shall be held in even-numbered years, unless
the county operates under a charter and members of the county legislative
authority are elected in odd-numbered years, in which case, community
councilmembers shall be elected in odd-numbered years)). The county
shall pay for the costs of all elections associated with unincorporated area
councils and the election of councilmembers.
The county legislative authority shall increase the terms of office of each councilmember by one year if the voters of the county approve a county charter or an amendment to a county charter altering the year in which members of the county legislative authority normally are elected.
The provisions of this
section apply to the election and terms of office of the initial ((community))
unincorporated area councilmembers, except as provided in RCW
36.105.050.
((A councilmember
shall lose his or her council position if his or her primary residence no
longer is located within the community.)) Vacancies on ((a community))
an unincorporated area council occur as provided in RCW 42.12.010 and
shall be filled by action of the remaining councilmembers. If less than two
councilmembers remain on the council, the county legislative authority shall
appoint one or two qualified persons until the council has two members. A
vacancy shall be filled by action of the county legislative authority if the
remaining councilmembers fail to fill a vacancy within sixty days of the
occurrence of the vacancy. An appointee shall fill the vacancy until a person
is elected at the next general election at which councilmembers normally would
be elected that occurs twenty-eight or more days after the occurrence of the
vacancy. When time permits, and more than two persons file to fill the
vacancy, a primary shall be held. If needed, a special filing period shall be
authorized. The person who is elected shall take office immediately and serve
the remainder of the unexpired term of office. However, if an election for the
vacant position would otherwise have been held at this election, only one
election may be held and the person who is elected shall be elected to both the
remainder of the unexpired term and the succeeding term of office.
Sec. 82. RCW 36.105.070 and 1991 c 363 s 105 are each amended to read as follows:
(1) Within ((ninety))
one hundred twenty days of the election at which ((a community)) an
unincorporated area council is created, the county legislative authority
shall adopt an ordinance establishing policies and conditions ((and
designating portions or components of the county comprehensive plan and zoning
ordinances)) that serve as an overall guide and framework for the
development of proposed ((community comprehensive plans and proposed))
community zoning ordinances. ((The conditions and policies shall conform
with the requirements of chapter 36.70A RCW.)) In addition, the
ordinance may contain factors and provisions of general importance that must be
included in the proposed community zoning ordinance that is adopted by the
unincorporated area council of a particular community.
(2) ((Proposed
community comprehensive plans and)) Each proposed community zoning
ordinance((s that are)) adopted by ((a community)) an
unincorporated area council shall be submitted to the county legislative
authority for its review of the consistency of the ((proposed plans and))
proposed ordinance((s)) with the county ordinance adopted under
subsection (1) of this section and the county's comprehensive plan, which
where applicable includes, but is not limited to, the designation of lands and
areas under RCW 36.70A.170, conserving lands and protecting areas under RCW
36.70A.060, retaining the urban nature of urban growth areas designated under
RCW 36.70A.110 and the nonurban nature of areas outside of urban growth areas,
and other actions taken by the county under chapter 36.70A RCW. A community
zoning ordinance may not alter the county's shoreline master program. The
county legislative authority shall either approve the proposed ((plans and
proposed)) community zoning ordinance((s)) as adopted, or
refer the proposed ((plans and proposed)) community zoning
ordinance((s)) back to the ((community)) unincorporated area
council with written findings specifying the inconsistencies, within ninety
days after ((they were)) it was submitted. The county ((comprehensive
plan, or subarea plan and comprehensive plan, and)) zoning ordinance((s))
shall remain in effect in the community until the ((proposed community
comprehensive plans and)) proposed community zoning ordinance((s have))
has been approved as provided in this subsection.
An approved community zoning ordinance in a county that is required or chooses to plan under RCW 36.70A.040 is subject to potential appeal to a growth planning hearings board under chapter 36.70A RCW.
(3) Each proposed
amendment to an approved ((community comprehensive plans or approved))
community zoning ordinance((s)) that is adopted by ((a community))
an unincorporated area council shall be submitted to the county
legislative authority for its review of the consistency of the amendment with
the county ordinance adopted under subsection (1) of this section and
the county's comprehensive plan. The county legislative authority shall
either approve the proposed amendment as adopted, or refer the proposed
amendment back to the ((community)) unincorporated area council,
with written findings specifying the inconsistencies within ninety days after
the proposed amendment was submitted. The unamended ((community
comprehensive plans and unamended)) community zoning ordinance((s))
shall remain in effect in the community until the proposed amendment has been
approved as provided in this subsection.
An approved amendment to a community zoning ordinance in a county that is required or chooses to plan under RCW 36.70A.040 is subject to potential appeal to a growth planning hearings board under chapter 36.70A RCW.
(4) If the county
legislative authority amends the county's comprehensive plan or the county
ordinance it adopted under subsection (1) of this section, ((a community))
each unincorporated area council shall ((be given at least one
hundred twenty days to)) amend its ((community comprehensive plans and))
community zoning ordinance((s)) to be consistent with ((this)) the
amended county comprehensive plan or amended county ordinance. ((However,))
The county legislative authority may amend ((the community
comprehensive plans and)) community zoning ordinances to achieve
consistency with ((this)) the amended county comprehensive
plan or amended county ordinance. Nothing in this subsection shall
preclude ((a community)) an unincorporated area council from
subsequently obtaining approval of its proposed ((community comprehensive
plans and proposed)) amendments to the community zoning ordinance((s))
that is so altered by the county legislative authority.
(5) Approved ((community
comprehensive plans and approved)) community zoning ordinances shall be
enforced by the county as if they had been adopted by the county legislative
authority. All quasi-judicial actions and permits relating to these plans and
ordinances shall be made and decided by the county legislative authority or
otherwise as provided by the county legislative authority.
(6) The county shall
provide administrative and staff support for each ((community)) unincorporated
area council within its boundaries, may supplement the support with
appropriations or matching fund pools for use by unincorporated area councils,
and shall defend each unincorporated area council in any lawsuit over the
actions taken by the unincorporated area council under this chapter.
(7) The county shall solicit the input of the unincorporated area councils established within its boundaries at an appropriate time in the budget process and shall consider budget recommendations as the legitimate will of the community.
Sec. 83. RCW 36.105.080 and 1991 c 363 s 106 are each amended to read as follows:
((A community
council shall adopt proposed community comprehensive plans and proposed
community zoning ordinances as provided in RCW 36.105.070. Community)) An
unincorporated area council shall serve as a representative body and forum for
the community and shall promote public involvement in government, review
government activity within the community and may collaborate with business
organizations, governmental authorities, and civic groups in order to improve
the general welfare of the community. Unincorporated area councils shall
not have the authority to take quasi-judicial actions nor to decide permit
applications. ((In addition, a community)) Unincorporated area
councils shall serve as ((a)) forums for the discussion of
local issues.
((Community)) Among
other general laws, unincorporated area councils are subject to chapter
42.30 RCW, the open public meetings act.
Sec. 84. RCW 36.105.090 and 1991 c 363 s 107 are each amended to read as follows:
((A community)) An
unincorporated area council may provide for the annexation of adjacent
unincorporated areas to the community that are not included within another
community for which ((a community)) an unincorporated area
council has been established. However, a community that is located outside
an urban growth area may not annex areas inside an urban growth area and a
community that is located inside an urban growth area may not annex areas
outside of the urban growth area.
Annexations shall be
initiated by either resolution of the ((community)) unincorporated
area council proposing the annexation or petition of voters residing in the
adjacent area, which petition: (a) Requests the annexation; (b) sets forth the
boundaries of the area proposed to be annexed; and (c) contains signatures of
voters residing within the area that is proposed to be annexed equal in number
to at least ten percent of the voters residing in that area who voted at the
last state general election. Annexation petitions shall be filed with the
county auditor who shall determine if the petitions contain a sufficient number
of valid signatures, certify the sufficiency of the petitions, and notify the
((community)) unincorporated area council of the sufficiency of
the petitions within fifteen days of when the petitions are submitted.
((A ballot
proposition authorizing the annexation shall be submitted to the voters of the
area that is proposed to be annexed at a primary or general election in either
an odd-numbered or even-numbered year, if the community council initiated the
annexation by resolution or if the community council concurs in an annexation
that was initiated by the submission of annexation petitions containing
sufficient valid signatures.)) The annexation shall occur if the ballot
proposition authorizing the ((creation of the community)) annexation
is approved by a simple majority vote of the voters of the area proposed to
be annexed voting on the proposition. The county's ((comprehensive
plan, and where applicable to the county's subarea plan, and)) zoning
ordinances shall continue in effect in the annexed area until proposed
amendments to the ((approved community comprehensive plans and))
approved community zoning ordinance have been approved that apply to the
annexed area.
Sec. 85. RCW 36.105.100 and 1991 c 363 s 108 are each amended to read as follows:
((A community)) An
unincorporated area council shall be dissolved if the population of the
community is reduced to less than five hundred persons, or less than two
hundred persons if the community only ((includes)) included an
entire island at the time of creation of the unincorporated area council.
The question of
whether an unincorporated area council should be retained shall be submitted to
the voters of a community at the next general election at which ((community))
unincorporated area councilmembers would be elected((, occurring))
that occurs at least ((four)) twelve years after the
creation or ((reestablishment of a community, a ballot proposition shall be
submitted to the voters of the community on whether the community shall be
reestablished)) latest affirmative vote to retain the unincorporated
area council. The unincorporated area council shall be retained if the
proposition to retain the unincorporated area council is approved by a simple
majority vote of the voters of the community voting on the proposition. The
election for council positions shall be held as if the ballot proposition on
retaining the unincorporated area council were not submitted. If ((reestablished))
the unincorporated area council is retained, the persons who are
newly elected members of the ((community)) council and the ((retained))
other members of the ((community)) council whose terms have
not expired shall constitute the members of the ((community)) unincorporated
area council. If the unincorporated area council is not retained, the
election of the new councilmembers is null and void, and the unincorporated
area council shall be dissolved.
Whenever an unincorporated area council is dissolved, the approved community zoning ordinance remains in effect until altered by the county legislative authority.
NEW SECTION. Sec. 86. (1) A joint legislative committee on unincorporated area governance is established consisting of: (a) Three members of the senate, with no more than two from the majority caucus, to be appointed by the president of the senate; and (b) three members of the house of representatives, with no more than two from the majority caucus, to be appointed by the speaker of the house of representatives.
The unincorporated area governance joint committee shall study and develop legislation on alternative forms of local governance for the unincorporated areas of counties and present its findings and the proposed legislation to the legislature on or before December 31, 1993.
(2) This section expires on December 31, 1993."
Renumber the remaining sections consecutively and correct internal references accordingly.
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