1148 AMH CAIR KLAI 3

HB 1148 - H AMD 252

By Representative Cairnes

     On page 6, line 18, after ARCW.@ insert the following:

ASec. 5.  RCW 36.70A.330 and 1995 c 347 s 112 & 1991 sp.s. c 32 s 14 are each amended to read as follows:

     (1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(1)(b) has expired, or at an earlier time upon the motion of a county or city subject to a ((determination))recommendation of invalidity under RCW 36.70A.300, the board shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.

     (2) The board shall conduct a hearing and issue a((finding)) recommendation of compliance or noncompliance with the requirements of this chapter.  A person with standing to challenge the legislation enacted in response to the board's final((order) recommendation may participate in the hearing along with the petitioner and the state agency, city, or county.  A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty‑five days of the filing of the motion under subsection (1) of this section with the board.

     (3) If the board finds that the state agency, county, or city is not in compliance, the board shall transmit its((finding))recommendation to the governor.  The board may recommend to the governor that the sanctions authorized by this chapter be imposed.  To recommend the imposition of sanctions, the board shall submit a written finding articulating the precise justification for its conclusion that the state agency, county, or city is not in compliance with the requirements of this chapter and the justification for its recommendation that sanctions should be imposed.

     (((4) The board shall also reconsider its final order and decide:

     (a) If a determination of invalidity has been made, whether such a determination should be rescinded or modified under the standards in RCW 36.70A.300(2);  or

     (b) If no determination of invalidity has been made, whether one now should be made under the standards in RCW 36.70A.300(2).))

     The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section."

     Correct the title and renumber the sections accordingly.

EFFECT: Requires growth management hearings boards to submit detailed written findings in order to recommend the imposition of sanction by the governor authorized under the growth management act.