1021-S AAS 4/6/93 S2611.2

SHB 1021 - S COMM AMD

By Committee on Government Operations

                                                    ADOPTED 4/6/93

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 35.21 RCW to read as follows:

    (1) It is the purpose of this section to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances of other cities and towns that may be of assistance to them in enacting appropriate local legislation.

    (2) For the purposes of this section, (a) "clerk" means the city or town clerk or other person who is lawfully designated to perform the recordkeeping function of that office, and (b) "municipal research council" means the municipal research council created by chapter 43.110 RCW.

    (3) The clerk of every city and town is directed to provide to the municipal research council or its designee, after adoption, a copy of each of its regulatory ordinances and such other ordinances or kinds of ordinances as may be described in a list or lists promulgated by the municipal research council or its designee from time to time, and may provide such copies without charge.  The municipal research council may provide that information to the entity with which it contracts for the provision of municipal research and services, in order to provide a pool of information for all cities and towns in the state of Washington.

    (4) This section is intended to be directory and not mandatory.

    Sec. 2.  RCW 35.27.320 and 1965 c 7 s 35.27.320 are each amended to read as follows:

    The violation of an ordinance of a town shall be a misdemeanor or a civil violation subject to a monetary penalty, and may be prosecuted by the authorities thereof in the name of the people of the state of Washington ((or may be redressed by civil action)).

    Any person sentenced to imprisonment may be imprisoned in the town jail, or if the council by ordinance shall so prescribe and if the county ((commissioners)) legislative authority have consented thereto, he or she may be imprisoned in the county jail, the expense thereof to be a charge against the town and in favor of the county.

    Sec. 3.  RCW 35.22.288 and 1988 c 168 s 1 are each amended to read as follows:

    Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:

(1) The name of the city;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

    An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.

    In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

    Sec. 4.  RCW 35.23.310 and 1988 c 168 s 2 are each amended to read as follows:

    Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:

(1) The name of the city;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

    An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.

    In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

    A certified copy of any ordinance certified to by the clerk, or a printed copy of any ordinance or compilation printed by authority of the city council and attested by the clerk shall be competent evidence in any court.

    Sec. 5.  RCW 35.24.220 and 1988 c 168 s 4 are each amended to read as follows:

    Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the city's official newspaper.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:

(1) The name of the city;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

    An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.

    In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

    Sec. 6.  RCW 35.27.300 and 1988 c 168 s 5 are each amended to read as follows:

    Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the town.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the town publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the town publishes the title, the publication shall include:

(1) The name of the town;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

    An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting town.

    In addition to the requirement that a town publish the text or ((a summary of the content)) title of each adopted ordinance, every town shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the town's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the town determines will satisfy the intent of this requirement.

    Sec. 7.  RCW 35.30.018 and 1988 c 168 s 6 are each amended to read as follows:

    Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:

(1) The name of the city;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

    An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.

    In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

    Sec. 8.  RCW 35A.12.160 and 1988 c 168 s 7 are each amended to read as follows:

    Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the city's official newspaper.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:

(1) The name of the city;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

    An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.

    In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

    Sec. 9.  RCW 65.16.160 and 1977 c 34 s 4 are each amended to read as follows:

    (1) Whenever any county, city, or town is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county, city, or town may publish ((a summary)) the title of the ordinance ((which summary shall be approved by the governing body and)), which shall include:

    (a) The name of the county, city, or town;

    (b) The formal identification or citation number of the ordinance;

    (c) ((A descriptive)) The full title of the ordinance; and

    (d) ((A section-by-section summary;

    (e) Any other information which the county, city, or town finds is necessary to provide a complete summary; and

    (f))) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

    (2) ((Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized.  When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any.  In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement.

    (3))) The full text of any ordinance ((which is summarized by publication)), the title rather than the full text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting county, city, or town."

SHB 1021 - S COMM AMD

By Committee on Government Operations

                                                    ADOPTED 4/6/93

    On page 1, line 1 of the title, after "towns;" strike the remainder of the title and insert "amending RCW 35.27.320, 35.22.288, 35.23.310, 35.24.220, 35.27.300, 35.30.018, 35A.12.160, and 65.16.160; adding a new section to chapter 35.21 RCW; and prescribing penalties."

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