6025.E AME LG AMH-58

ESB 6025 - H COMM AMD

By Committee on Local Government

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 35.16.010 and 1965 c 7 s 35.16.010 are each amended to read as follows:

    Upon the filing of a petition ((praying for an election to submit the question of excluding)) which is sufficient as determined by RCW 35A.01.040 requesting the exclusion from the boundaries of a city or town of an area described by metes and bounds or by reference to a recorded plat or government survey ((from the boundaries of a city or town)), signed by qualified voters ((thereof)) of the city or town equal in number to not less than ((one-fifth)) ten percent of the number of ((votes cast)) voters voting at the last general municipal election, the city or town ((council)) legislative body shall ((cause to be submitted)) submit the question to the voters ((by a special election held for that purpose.  Such special election shall not be held within ninety days next preceding any general election)).  As an alternate method, the legislative body of the city or town may by resolution submit a proposal to the voters for excluding such a described area from the boundaries of the city or town.  The question shall be submitted at the next general municipal election if one is to be held within one hundred eighty days or at a special election called for that purpose not less than ninety days nor more than one hundred eighty days after the certification of sufficiency of the petition or the passage of the resolution.  The petition or resolution shall set out and describe the territory to be excluded from the ((corporation)) city or town, together with the boundaries of the ((said corporation)) city or town as it will exist after such change is made.

    Sec. 2.  RCW 35.16.020 and 1985 c 469 s 19 are each amended to read as follows:

    Notice of a ((special)) corporate limit reduction election shall be published ((for)) at least ((four)) once each week for two consecutive weeks prior to the election in the official newspaper of the city or town.  The notice shall distinctly state the proposition to be submitted, shall designate specifically the area proposed to be excluded and the boundaries of the city or town as they would be after the proposed exclusion of territory therefrom ((and shall require the voters to cast ballots which)).  The ballots shall contain the words "For reduction of ((corporate)) city limits" and "Against reduction of ((corporate)) city limits" or words equivalent thereto.  ((This notice shall be in addition to the notice required by chapter 29.27 RCW.))

    Sec. 3.  RCW 35.16.030 and 1965 c 7 s 35.16.030 are each amended to read as follows:

    ((On the Monday next succeeding a special corporate limit reduction election, the canvassing authority shall proceed to canvass the returns thereof and)) The election returns shall be canvassed as provided in RCW 29.13.040.  If three-fifths of the votes cast on the proposition favor the reduction of the corporate limits, the ((council)) legislative body of the city or town, by an order entered on its minutes, shall ((cause)) direct the clerk to make and transmit to the office of the secretary of state a certified abstract of the vote.  The abstract shall show the ((whole)) total number of ((electors)) voters voting, the number of votes cast for reduction and the number of votes cast against reduction.

    Sec. 4.  RCW 35.16.040 and 1965 c 7 s 35.16.040 are each amended to read as follows:

    ((Immediately)) Promptly after the filing of the abstract of votes with the office of the secretary of state, the legislative body of the city or town ((council)) shall adopt an ordinance defining and fixing the corporate limits after excluding the area as determined by the election.  The ordinance shall also describe the excluded territory by metes and bounds or by reference to a recorded plat or government survey and declare it no longer a part of the city or town.

    Sec. 5.  RCW 35.16.050 and 1965 c 7 s 35.16.050 are each amended to read as follows:

    ((Immediately upon)) A certified copy of the ordinance defining the reduced city or town limits ((going into effect, a certified copy thereof)) together with a map showing the corporate limits as altered shall be filed and recorded in the office of the county auditor of the county in which the city or town is situated, ((and thereupon the boundaries shall be as set forth therein)) upon the effective date of the ordinance.  The new boundaries of the city or town shall take effect immediately after they are filed and recorded with the county auditor.

NEW SECTION. Sec. 6.  A new section is added to chapter 35.16 RCW to read as follows:

    In regard to franchises previously granted for operation of any public service business or facility within the territory excluded from a city or town by proceedings under this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having jurisdiction over such territory and of the franchise holder shall be as provided in RCW 35.02.160, relating to inclusion of territory by an incorporation.

    Sec. 7.  RCW 35.27.010 and 1965 c 7 s 35.27.010 are each amended to read as follows:

    Every municipal corporation of the fourth class shall be entitled the "Town of . . . . . . . . ." (naming it), and by such name shall have perpetual succession, may sue, and be sued in all courts and places, and in all proceedings whatever; shall have and use a common seal, alterable at the pleasure of the town authorities, and may purchase, lease, receive, hold, and enjoy real and personal property and control ((and)), lease, sublease, convey, or otherwise dispose of the same for the common benefit.

    Sec. 8.  RCW 42.24.180 and 1984 c 128 s 11 are each amended to read as follows:

    In order to expedite the payment of claims, the legislative body of any taxing district, as defined in RCW 43.09.260, may authorize the issuance of warrants or checks in payment of claims after the provisions of this chapter have been met and after the officer designated by statute, or, in the absence of statute, an appropriate charter provision, ordinance, or resolution of the taxing district, has signed the checks or warrants, but before the legislative body has acted to approve the claims.  The legislative body may stipulate that certain kinds or amounts of claims shall not be paid before the board has reviewed the supporting documentation and approved the issue of checks or warrants in payment of those claims.  However, all of the following conditions shall be met before the payment:

    (1) The auditing officer and the officer designated to sign the checks or warrants shall each be required to furnish an official bond for the faithful discharge of his or her duties in an amount determined by the legislative body but not less than fifty thousand dollars;

    (2) The legislative body shall adopt contracting, hiring, purchasing, and disbursing policies that implement effective internal control;

    (3) The legislative body shall provide for its review of the documentation supporting claims paid and for its approval of all checks or warrants issued in payment of claims at its next regularly scheduled public meeting or, for cities and towns, at a regularly scheduled public meeting within one month of issuance; and

    (4) The legislative body shall require that if, upon review, it disapproves some claims, the auditing officer and the officer designated to sign the checks or warrants shall jointly cause the disapproved claims to be recognized as receivables of the taxing district and to pursue collection diligently until the amounts disapproved are collected or until the legislative body is satisfied and approves the claims.

NEW SECTION. Sec. 9.  A new section is added to chapter 42.41 RCW to read as follows:

    (1) It is unlawful for a city or town official or employee to directly or indirectly use or attempt to use his or her official authority or influence for the purpose of intimidating, threatening, coercing, or influencing an employee not to disclose information concerning improper governmental action to a person designated under RCW 42.41.030(3).

    (2) Nothing in this section authorizes an employee to disclose information otherwise prohibited by law.

    Sec. 10.  RCW 68.24.180 and 1984 c 7 s 369 are each amended to read as follows:

    After dedication under this title, and as long as the property remains dedicated to cemetery purposes, a railroad, street, road, alley, pipe line, pole line, or other public thoroughfare or utility shall not be laid out, through, over, or across any part of it without the consent of the cemetery authority owning and operating it, or of not less than two-thirds of the owners of interment plots:  PROVIDED HOWEVER, That a city of under twenty thousand may initiate, prior to January 1, 1995, an action to condemn cemetery property if the purpose is to further improve an existing street, or other public improvement and the proposed improvement does not interfere with existing interment plots containing human remains.  ((However, so long as the action is commenced prior to March 31, 1961, the department of transportation may condemn for state highway purposes for Primary State Highway No. 14 in the vicinity of Gig Harbor land in any burial ground or cemetery in the following cases:  (1) Where no organized or known authority is in charge of any such cemetery, or (2) where the necessary consent cannot be obtained and the court finds that considerations of highway safety necessitate the taking of the land.  A judgment entered in the condemnation proceedings shall require that before an entry is made on the land condemned for state highway purposes, the state shall, at its own expense, remove or cause to be removed from the land any bodies buried therein and suitably reinter them elsewhere to the satisfaction of relatives, if they can be found.))

    Sec. 11.  RCW 82.14.330 and 1993 sp.s. c 21 s 3 are each amended to read as follows:

    (1) The moneys deposited in the municipal criminal justice assistance account for distribution under this section shall be distributed to the cities of the state as follows:

    (a) Twenty percent appropriated for distribution shall be distributed to cities with a three-year average violent crime rate for each one thousand in population in excess of one hundred fifty percent of the state-wide three-year average violent crime rate for each one thousand in population.  The three-year average violent crime rate shall be calculated using the violent crime rates for each of the preceding three years from the annual reports on crime in Washington state as published by the Washington association of sheriffs and police chiefs.  Moneys shall be distributed under this subsection (1)(a) ratably based on population as last determined by the office of financial management, but no city may receive more than one dollar per capita.  Moneys remaining undistributed under this subsection at the end of each calendar year shall be distributed to the criminal justice training commission to reimburse participating city law enforcement agencies with ten or fewer full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training, as provided in RCW 43.101.200.

    (b) Sixteen percent shall be distributed to cities ratably based on population as last determined by the office of financial management, but no city may receive less than one thousand dollars.

    The moneys deposited in the municipal criminal justice assistance account for distribution under this subsection shall be distributed at such times as distributions are made under RCW 82.44.150.

    Moneys distributed under this subsection shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding.  Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs, and which includes domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020.  Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes.  Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following:  Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.

    (2) In addition to the distributions under subsection (1) of this section:

    (a) Fourteen percent shall be distributed to cities that have initiated innovative law enforcement strategies, including alternative sentencing and crime prevention programs.  No city may receive more than one dollar per capita under this subsection (2)(a).

    (b) Twenty percent shall be distributed to cities that have initiated programs to help at-risk children or child abuse victim response programs.  No city may receive more than fifty cents per capita under this subsection (2)(b).

    (c) Twenty percent shall be distributed to cities that have initiated programs designed to reduce the level of domestic violence within their jurisdictions or to provide counseling for domestic violence victims.  No city may receive more than fifty cents per capita under this subsection (2)(c).

    (d) Ten percent shall be distributed to cities that contract with another governmental agency for a majority of the city's law enforcement services.

    Moneys distributed under this subsection shall be distributed to those cities that submit funding requests under this subsection to the department of community, trade, and economic development based on criteria developed under RCW 82.14.335.  Allocation of funds shall be in proportion to the population of qualified jurisdictions, but the distribution to a city shall not exceed the amount of funds requested.  Cities shall submit requests for program funding to the department of community, trade, and economic development by November 1 of each year for funding the following year.  The department shall certify to the state treasurer the cities eligible for funding under this subsection and the amount of each allocation.

    ((One-half of the moneys distributed under (a) through (d) of this subsection shall be distributed on March 1st and the remaining one-half of the moneys shall be distributed on September 1st)) The moneys deposited in the municipal criminal justice assistance account for distribution under this subsection shall be distributed at the times as distributions are made under RCW 82.44.150.  Moneys remaining undistributed under this subsection at the end of each calendar year shall be distributed to the criminal justice training commission to reimburse participating city law enforcement agencies with ten or fewer full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training, as provided in RCW 43.101.200.

    If a city is found by the state auditor to have expended funds received under this subsection in a manner that does not comply with the criteria under which the moneys were received, the city shall be ineligible to receive future distributions under this subsection until the use of the moneys are justified to the satisfaction of the director or are repaid to the state general fund.  The director may allow noncomplying use of moneys received under this subsection upon a showing of hardship or other emergent need.

    (3) Notwithstanding other provisions of this section, the distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located.

    Sec. 12.  RCW 41.16.050 and 1986 c 296 s 3 are each amended to read as follows:

    There is hereby created and established in the treasury of each municipality a fund which shall be known and designated as the firemen's pension fund, which shall consist of:  (1) All bequests, fees, gifts, emoluments, or donations given or paid thereto; (2) forty-five percent of all moneys received by the state from taxes on fire insurance premiums; (3) taxes paid pursuant to the provisions of RCW 41.16.060; (4) interest on the investments of the fund; and (5) contributions by ((firemen)) fire fighters as provided for herein.  The moneys received from the tax on fire insurance premiums under the provisions of this chapter shall be distributed in the proportion that the number of paid ((firemen)) fire fighters in the city, town, or fire protection district bears to the total number of paid ((firemen)) fire fighters throughout the state to be ascertained in the following manner:  The secretary of the firemen's pension board of each city, town, and fire protection district now or hereafter coming under the provisions of this chapter shall within thirty days after June 7, 1961, and on or before the fifteenth day of January thereafter, certify to the state treasurer the number of paid ((firemen)) fire fighters in the fire department in such city, town, or fire protection district.  For any city or town annexed by a fire protection district at any time before, on, or after the effective date of this section, the city or town shall continue to certify to the state treasurer the number of paid fire fighters in the city or town fire department immediately before annexation until all obligations against the firemen's pension fund in the city or town have been satisfied.  For the purposes of the calculation in this section, the state treasurer shall subtract the number certified by the annexed city or town from the number of paid fire fighters certified by an annexing fire protection district.  The state treasurer shall on or before the first day of June of each year deliver to the treasurer of each city, town, and fire protection district coming under the provisions of this chapter his or her warrant, payable to each city, town, or fire protection district for the amount due such city, town or fire protection district ascertained as herein provided and the treasurer of each such city, town, or fire protection district shall place the amount thereof to the credit of the firemen's pension fund of such city, town, or fire protection district.

NEW SECTION. Sec. 13.  Section 11 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect March 1, 1994.

NEW SECTION. Sec. 14.  A new section is added to chapter 35.21 RCW to read as follows:

    (1) Except as otherwise provided in subsection (2) of this section, nothing in this chapter authorizes a city or town that provides water or sewer service outside the corporate boundaries of the city or town to require, as condition of providing water or sewer service, the property owner who has requested water or sewer service to agree to:

    (a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or

    (b) Other development or design requirements not required by the local government with jurisdiction over the property.

    (2) A city or town may impose conditions not otherwise allowed under subsection (1) of this section if:

    (a) The conditions are reasonably necessary to the proper functioning of the water or sewer service; or

    (b) The local government with jurisdiction over the property concurs with the conditions during review pursuant to chapter 43.21C RCW, interlocal cooperation agreement under chapter 39.34 RCW, or the project approval process.

NEW SECTION. Sec. 15.  A new section is added to chapter 35.92 RCW to read as follows:

    (1) Except as otherwise provided in subsection (2) of this section, nothing in this chapter authorizes a city or town that provides water or sewer service outside the corporate boundaries of the city or town to require, as condition of providing water or sewer service, the property owner who has requested water or sewer service to agree to:

    (a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or

    (b) Other development or design requirements not required by the local government with jurisdiction over the property.

    (2) A city or town may impose conditions not otherwise allowed under subsection (1) of this section if:

    (a) The conditions are reasonably necessary to the proper functioning of the water or sewer service; or

    (b) The local government with jurisdiction over the property concurs with the conditions during review pursuant to chapter 43.21C RCW, interlocal cooperation agreement under chapter 39.34 RCW, or the project approval process.

NEW SECTION. Sec. 16.  Sections 14 and 15 of this act shall take effect July 1, 1994.

NEW SECTION. Sec. 17.  (1) Sections 14 and 15 of this act do not apply to any application for a plat or subdivision subject to chapter 58.17 RCW and filed before July 1, 1994.  Nor do such sections apply to any land located within such a plat or subdivision.

    (2)  Nothing in subsection (1) of this section and sections 14 and 15 of this act shall be construed to affect, in any manner whatsoever, the validity or invalidity of any city's or town's regulations or restrictions with respect to applications and lands that, under subsection (1) of this section, are excluded from the application of sections 14 and 15 of this act.  It is the intent of the legislature that any legal questions concerning the authority of a city or town to apply such regulations or restrictions to such excluded applications and lands shall be determined as if subsection (1) of this section and sections 14 and 15 of this act were not law."

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