H-2200.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1926

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By House Committee on Local Government (originally sponsored by Representatives G. Chandler, Romero and Mulliken)

Read first time 03/02/1999.

Changing provisions relating to appeals of growth management hearings boards' decisions.

    AN ACT Relating to appeals of growth management hearings board decisions; adding a new section to chapter 36.70A RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 36.70A RCW to read as follows:

    (1) If the board finds that a county or city is in compliance as provided in RCW 36.70A.300 or 36.70A.330(2), a county or city may request assistance with the defense of any subsequent appeals of the board's decision.  If the board's decision is appealed under RCW 36.70A.300(5), the county or city found in compliance may request that the office of the attorney general:

    (a) Defend the county or city in any or all appeal proceedings at no cost to the county or city;

    (b) Assist in the county's or city's defense in any or all appeal proceedings at no cost to the county or city; or

    (c) Reimburse the county or city for the defense costs of any or all appeal proceedings at the billing rate for an attorney general.

    (2) This section applies only to appeals or the portion of an appeal related to a board's finding of compliance.  If an appeal involves issues other than a board's finding of compliance, the county or city may request assistance under subsection (1) of this section only for the portion of the appeal related to a board's finding of compliance.

    (3) In order to receive assistance from the office of the attorney general, a county or city must show substantial financial need.  For the purposes this section, "substantial financial need" means a severe financial hardship to a county's or city's budget such that the funding of other essential services or programs will be jeopardized.  The office of the attorney general shall respond as to whether it will satisfy or deny the county's or city's request for assistance within thirty calendar days of receiving such request.

NEW SECTION. Sec. 2.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, this act is null and void.

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