BP BHEAD INT S

AN ACT Relating to creating a county optional code study commission; creating new sections; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the state created counties as the only political and administrative subdivisions of itself. The legislature further finds that counties were the first form of government in the new Washington territory. The legislature further finds that counties were needed because they were the local unit through which nearly all of the official business of the new territory was accomplished. Counties were integral to owning and selling land, building roads, recording births and deaths, property transfers, and all forms of law enforcement.

Since these eighteenth century beginnings, counties have become part of the very fabric of state government and now provide an expanding array of services, which include human services, public health, public safety, criminal justice, courts, public works, parks and recreation, and elections. Many of these services are part of a system that always includes the state of Washington and, oftentimes, the cities and other forms of local government.

The legislature finds that many of the laws governing counties, especially in Title 36 RCW, were first enacted almost a century and one-half ago and reflect ideas of their time. The legislature further finds that Washington state was a rural, agrarian society at the time. The legislature further finds that urban development has occurred not only within cities, but around cities and in clusters remote from any city, and that, in 1995, nearly one-half of the state's population lives in unincorporated, but largely urbanized areas.

The legislature finds that only five counties are operating under a "home rule" charter, written by freeholders under the provisions of Article XI, section 4 of the state Constitution. The legislature further finds that no county has implemented a "home rule" charter, drafted by freeholders under the provisions of Article XI, section 16 of the state Constitution, to provide for the formation and government of a combined city-county municipal corporation. The legislature further finds that the citizens of this state have twice rejected constitutional amendments for the creation of a temporary county home rule commission to draft five alternative county home rule charters any of which could be submitted at an election to the voters of any county. The legislature further finds that with the enactment of the optional municipal code in 1967, Title 35A RCW, the state's cities have been extended broad powers of self-government with a choice of modern and efficient governance structures and procedures. More than one-half of Washington's cities have adopted the optional municipal code.

Therefore, the legislature finds that there is a state interest in the efficient and effective governance and administration of the counties of this state and that there is a need to examine such governance and administration. The legislature further finds that there is a need to examine county statutes to determine if an optional set of statutory provisions would better serve the needs of county officials and the citizens of this state.

NEW SECTION. Sec. 2. (1) There is hereby created a county optional code study commission with the following membership:

(a) Fifteen voting members appointed by the governor with four of the members to be members of the legislature and six of the members to be elected county officials.

(b) Two members serving in an ex officio nonvoting capacity:

(i) The executive director of the Washington state association of counties; and

(ii) The executive director of the Washington association of county officials.

(c) A citizen knowledgeable about county government appointed by the governor, who shall serve as chair of the commission.

(2) Commission members shall serve without pay, at the pleasure of the governor. Nonlegislative members shall be paid travel expenses incurred in their travel to and from meetings of the commission and while attending all meetings of the commission in accordance with RCW 43.03.050 and 43.03.060. Legislative members shall be paid travel expenses incurred in their travel to and from meetings of the commission and while attending all meetings of the commission in accordance with RCW 44.04.120.

(3) The commission shall:

(a) Develop recommended policy, statutory, and constitutional changes to allow counties to be better governed and administered, and to allow for a more efficient delivery of services. Areas of inquiry should include, but not be limited to: Separation of policy and administration; intergovernmental relations, improved ability to provide regional and local services separately or in conjunction with other governmental levels; appointed county manager or elected executive; number of legislative body members; at-large or district elections; number of elected officials; partisan or nonpartisan elections; timing of elections; modernization of statutes affecting all county elected officials; and the right of initiative and referendum; and

(b) Submit to the governor and the legislature a report containing the commission's findings, conclusions, and recommendations by December 1, 1996.

(4) This section shall expire December 31, 1996.

NEW SECTION. Sec. 3. The department of community, trade, and economic development shall provide the necessary support to the county optional code study commission to carry out the purposes of section 2 of this act. The department may employ such staff as approved by the commission to carry out the purposes of section 2 of this act. The provisions of chapter 41.06 RCW do not apply to such staff.

This section shall expire December 31, 1996.

NEW SECTION. Sec. 4. The county optional code study commission account is created in the state treasury. All receipts from section 5 of this act shall be deposited into the account. Moneys in the account may be spent only after appropriation. Only the director of community, trade, and economic development or the director's designee may authorize expenditures from the account and such authorization must be approved by the county optional code study commission. Expenditures from the account may be used only for conducting the study as provided in sections 1 through 3 of this act.

This section shall expire December 31, 1996. Moneys remaining in this account on December 31, 1996, shall revert to the county sales and use tax equalization account.

NEW SECTION. Sec. 5. The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the county sales and use tax equalization account to the county optional code study commission account for the purposes of conducting the study as provided in sections 1 through 3 of this act. The appropriation may not exceed the amount remaining in the county sales and use tax equalization account on July 1, 1995, after distributions to counties under RCW 82.14.200.