E2SHB 2163 -
By Committee on Financial Institutions, Housing & Consumer
Protection
ADOPTED 04/07/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 Despite laudable efforts by all levels of
government, private individuals, nonprofit organizations, and
charitable foundations to end homelessness, the number of homeless
persons in Washington is unacceptably high. The state's homeless
population, furthermore, includes a large number of families with
children, youth, and employed persons. The legislature finds that the
fiscal and societal costs of homelessness are high for both the public
and private sectors, and that ending homelessness should be a goal for
state and local government.
The legislature finds that there are many causes of homelessness,
including a shortage of affordable housing; a shortage of family-wage
jobs which undermines housing affordability; a lack of an accessible
and affordable health care system available to all who suffer from
physical and mental illnesses and chemical and alcohol dependency;
domestic violence; and a lack of education and job skills necessary to
acquire adequate wage jobs in the economy of the twenty-first century.
The support and commitment of all sectors of the statewide
community is critical to the chances of success in ending homelessness
in Washington. While the provision of housing and housing-related
services to the homeless should be administered at the local level to
best address specific community needs, the legislature also recognizes
the need for the state to play a primary coordinating, supporting, and
monitoring role. There must be a clear assignment of responsibilities
and a clear statement of achievable and quantifiable goals. Systematic
statewide data collection on homelessness in Washington must be a
critical component of such a program enabling the state to work with
local governments to count homeless persons and assist them in finding
housing.
The systematic collection and rigorous evaluation of homeless data,
a search for and implementation through adequate resource allocation of
best practices, and the systematic measurement of progress toward
interim goals and the ultimate goal of ending homelessness are all
necessary components of a statewide effort to end homelessness in
Washington by July 1, 2015.
NEW SECTION. Sec. 2 This chapter may be known and cited as the
homelessness housing and assistance act.
NEW SECTION. Sec. 3 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of community, trade, and
economic development.
(2) "Director" means the director of the department of community,
trade, and economic development.
(3) "Homeless person" means an individual living outside or in a
building not meant for human habitation or which they have no legal
right to occupy, in an emergency shelter, or in a temporary housing
program which may include a transitional and supportive housing program
if habitation time limits exist. This definition includes substance
abusers, mentally ill people, and sex offenders who are homeless.
(4) "Washington homeless census" means an annual statewide census
conducted as a collaborative effort by towns, cities, counties,
community-based organizations, and state agencies, with the technical
support and coordination of the department, to count and collect data
on all homeless individuals in Washington.
(5) "Homeless housing account" means the state treasury account
receiving the state's portion of income from revenue from the sources
established by section 9 of this act.
(6) "Homeless housing grant program" means the vehicle by which
competitive grants are awarded by the department, utilizing moneys from
the homeless housing account, to local governments for programs
directly related to housing homeless individuals and families,
addressing the root causes of homelessness, preventing homelessness,
collecting data on homeless individuals, and other efforts directly
related to housing homeless persons.
(7) "Local government" means a county government in the state of
Washington or a city government, if the legislative authority of the
city affirmatively elects to accept the responsibility for housing
homeless persons within its borders.
(8) "Housing continuum" means the progression of individuals along
a housing-focused continuum with homelessness at one end and
homeownership at the other.
(9) "Local homeless housing task force" means a voluntary local
committee created to advise a local government on the creation of a
local homeless housing plan and participate in a local homeless housing
program. It must include a representative of the county, a
representative of the largest city located within the county, at least
one homeless or formerly homeless person, such other members as may be
required to maintain eligibility for federal funding related to housing
programs and services and if feasible, a representative of a private
nonprofit organization with experience in low-income housing.
(10) "Long-term private or public housing" means subsidized and
unsubsidized rental or owner-occupied housing in which there is no
established time limit for habitation of less than two years.
(11) "Interagency council on homelessness" means a committee
appointed by the governor and consisting of, at least, the director of
the department; the secretary of the department of corrections; the
secretary of the department of social and health services; the director
of the department of veterans affairs; and the secretary of the
department of health.
(12) "Performance measurement" means the process of comparing
specific measures of success against ultimate and interim goals.
(13) "Community action agency" means a nonprofit private or public
organization established under the economic opportunity act of 1964.
(14) "Housing authority" means any of the public corporations
created by chapter 35.82 RCW.
(15) "Homeless housing program" means the program authorized under
this chapter as administered by the department at the state level and
by the local government or its designated subcontractor at the local
level.
(16) "Homeless housing plan" means the ten-year plan developed by
the county or other local government to address housing for homeless
persons.
(17) "Homeless housing strategic plan" means the ten-year plan
developed by the department, in consultation with the interagency
council on homelessness and the affordable housing advisory board.
NEW SECTION. Sec. 4 The governor shall establish the interagency
council on homelessness and appoint, at least, the director of the
department, the secretary of the department of social and health
services, the secretary of the department of corrections, the director
of the department of veterans affairs, the director of the employment
security department, the director of the department of health, and the
director of the office of financial management to the council. The
interagency council on homelessness shall be responsible to further the
goals of the state ten-year homeless housing strategic plan to end
homelessness through the following actions:
(1) Aligning housing and supporting services policies and resources
among state agencies;
(2) Identifying and eliminating policies and actions which
contribute to homelessness or interfere with its reduction; and
(3) Adopting or recommending new policies to improve practices and
align resources, including those policies requested by the affordable
housing advisory board or through state and local homeless housing
plans.
NEW SECTION. Sec. 5 There is created within the department the
homeless housing program to develop and coordinate a statewide
strategic plan aimed at housing homeless persons. The program shall be
developed and administered by the department with advice and input from
the affordable housing advisory board established in RCW 43.185B.020.
NEW SECTION. Sec. 6 The department shall annually conduct a
Washington homeless census or count consistent with the requirements of
RCW 43.63A.655. The census shall make every effort to count all
homeless individuals living outdoors, in shelters, and in transitional
housing, coordinated, when reasonably feasible, with already existing
homeless census projects including those funded in part by the United
States department of housing and urban development under the McKinney-Vento homeless assistance program. The department shall determine, in
consultation with local governments, the data to be collected.
All personal information collected in the census is confidential,
and the department and each local government shall take all necessary
steps to protect the identity and confidentiality of each person
counted.
The department and each local government are prohibited from
disclosing any personally identifying information about any homeless
individual when there is reason to believe or evidence indicating that
the homeless individual is an adult or minor victim of domestic
violence, dating violence, sexual assault, or stalking or is the parent
or guardian of a child victim of domestic violence, dating violence,
sexual assault, or stalking; or revealing other confidential
information regarding HIV/AIDS status, as found in RCW 70.24.105. The
department and each local government shall not ask any homeless housing
provider to disclose personally identifying information about any
homeless individuals when the providers implementing those programs
have reason to believe or evidence indicating that those clients are
adult or minor victims of domestic violence, dating violence, sexual
assault, or stalking or are the parents or guardians of child victims
of domestic violence, dating violence, sexual assault, or stalking.
Summary data for the provider's facility or program may be substituted.
The Washington homeless census shall be conducted annually on a
schedule created by the department. The department shall make summary
data by county available to the public each year. This data, and its
analysis, shall be included in the department's annual updated homeless
housing program strategic plan.
Based on the annual census and provider information from the local
government plans, the department shall, by the end of year four,
implement an online information and referral system to enable local
governments and providers to identify available housing for a homeless
person. The department shall work with local governments and their
providers to develop a capacity for continuous case management to
assist homeless persons.
By the end of year four, the department shall implement an
organizational quality management system.
NEW SECTION. Sec. 7 (1) Six months after the first Washington
homeless census, the department shall, in consultation with the
interagency council on homelessness and the affordable housing advisory
board, prepare and publish a ten-year homeless housing strategic plan
which shall outline statewide goals and performance measures and shall
be coordinated with the plan for homeless families with children
required under RCW 43.63A.650. To guide local governments in
preparation of their first local homeless housing plans due December
31, 2005, the department shall issue by October 15, 2005, temporary
guidelines consistent with this chapter and including the best
available data on each community's homeless population. Local
governments' ten-year homeless housing plans shall not be substantially
inconsistent with the goals and program recommendations of the
temporary guidelines and, when amended after 2005, the state strategic
plan.
(2) Program outcomes and performance measures and goals shall be
created by the department and reflected in the department's homeless
housing strategic plan as well as interim goals against which state and
local governments' performance may be measured, including:
(a) By the end of year one, completion of the first census as
described in section 6 of this act;
(b) By the end of each subsequent year, goals common to all local
programs which are measurable and the achievement of which would move
that community toward housing its homeless population; and
(c) By July 1, 2015, reduction of the homeless population statewide
and in each county by fifty percent.
(3) The department shall develop a consistent statewide data
gathering instrument to monitor the performance of cities and counties
receiving grants in order to determine compliance with the terms and
conditions set forth in the grant application or required by the
department.
The department shall, in consultation with the interagency council
on homelessness and the affordable housing advisory board, report
annually to the governor and the appropriate committees of the
legislature an assessment of the state's performance in furthering the
goals of the state ten-year homeless housing strategic plan and the
performance of each participating local government in creating and
executing a local homeless housing plan which meets the requirements of
this chapter. The annual report may include performance measures such
as:
(a) The reduction in the number of homeless individuals and
families from the initial count of homeless persons;
(b) The number of new units available and affordable for homeless
families by housing type;
(c) The number of homeless individuals identified who are not
offered suitable housing within thirty days of their request or
identification as homeless;
(d) The number of households at risk of losing housing who maintain
it due to a preventive intervention;
(e) The transition time from homelessness to permanent housing;
(f) The cost per person housed at each level of the housing
continuum;
(g) The ability to successfully collect data and report
performance;
(h) The extent of collaboration and coordination among public
bodies, as well as community stakeholders, and the level of community
support and participation;
(i) The quality and safety of housing provided; and
(j) The effectiveness of outreach to homeless persons, and their
satisfaction with the program.
(4) Based on the performance of local homeless housing programs in
meeting their interim goals, on general population changes and on
changes in the homeless population recorded in the annual census, the
department may revise the performance measures and goals of the state
homeless housing strategic plan, set goals for years following the
initial ten-year period, and recommend changes in local governments'
plans.
NEW SECTION. Sec. 8 (1) Each local homeless housing task force
shall prepare and recommend to its local government legislative
authority a ten-year homeless housing plan for its jurisdictional area
which shall be not inconsistent with the department's statewide
temporary guidelines, for the December 31, 2005, plan, and thereafter
the department's ten-year homeless housing strategic plan and which
shall be aimed at eliminating homelessness, with a minimum goal of
reducing homelessness by fifty percent by July 1, 2015. The local
government may amend the proposed local plan and shall adopt a plan by
December 31, 2005. Performance in meeting the goals of this local plan
shall be assessed annually in terms of the performance measures
published by the department. Local plans may include specific local
performance measures adopted by the local government legislative
authority, and may include recommendations for any state legislation
needed to meet the state or local plan goals.
(2) Eligible activities under the local plans include:
(a) Rental and furnishing of dwelling units for the use of homeless
persons;
(b) Costs of developing affordable housing for homeless persons,
and services for formerly homeless individuals and families residing in
transitional housing or permanent housing and still at risk of
homelessness;
(c) Operating subsidies for transitional housing or permanent
housing serving formerly homeless families or individuals;
(d) Services to prevent homelessness, such as emergency eviction
prevention programs including temporary rental subsidies to prevent
homelessness;
(e) Temporary services to assist persons leaving state institutions
and other state programs to prevent them from becoming or remaining
homeless;
(f) Outreach services for homeless individuals and families;
(g) Development and management of local homeless plans including
homeless census data collection; identification of goals, performance
measures, strategies, and costs and evaluation of progress towards
established goals;
(h) Rental vouchers payable to landlords for persons who are
homeless or below thirty percent of the median income or in immediate
danger of becoming homeless; and
(i) Other activities to reduce and prevent homelessness as
identified for funding in the local plan.
NEW SECTION. Sec. 9 A new section is added to chapter 36.22 RCW
to read as follows:
(1) In addition to the surcharge authorized in RCW 36.22.178, and
except as provided in subsection (2) of this section, an additional
surcharge of ten dollars shall be charged by the county auditor for
each document recorded, which will be in addition to any other charge
allowed by law. The funds collected pursuant to this section are to be
distributed and used as follows:
(a) The auditor shall retain two percent for collection of the fee,
and of the remainder shall remit sixty percent to the county to be
deposited into a fund that must be used by the county and its cities
and towns to accomplish the purposes of this act, six percent of which
may be used by the county for administrative costs related to its
homeless housing plan, and the remainder for programs which directly
accomplish the goals of the county's homeless housing plan, except that
for each city in the county which elects as authorized in section 12 of
this act to operate its own homeless housing program, a percentage of
the surcharge assessed under this section equal to the percentage of
the city's local portion of the real estate excise tax collected by the
county shall be transmitted at least quarterly to the city treasurer,
without any deduction for county administrative costs, for use by the
city for program costs which directly contribute to the goals of the
city's homeless housing plan; of the funds received by the city, it may
use six percent for administrative costs for its homeless housing
program.
(b) The auditor shall remit the remaining funds to the state
treasurer for deposit in the homeless housing account. The department
may use twelve and one-half percent of this amount for administration
of the program established in section 5 of this act, including the
costs of creating the statewide homeless housing strategic plan,
measuring performance, providing technical assistance to local
governments, and managing the homeless housing grant program. The
remaining eighty-seven and one-half percent is to be distributed by the
department to local governments through the homeless housing grant
program.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
NEW SECTION. Sec. 10 The homeless housing account is created in
the custody of the state treasurer. The state's portion of the
surcharge established in section 9 of this act must be deposited in the
account. Expenditures from the account may be used only for the
homeless housing program as described in this chapter. Only the
director or the director's designee may authorize expenditures from the
account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
NEW SECTION. Sec. 11 (1) During each calendar year in which
moneys from the homeless housing account are available for use by the
department for the homeless housing grant program, the department shall
announce to all Washington counties, participating cities, and through
major media throughout the state, a grant application period of at
least ninety days' duration. This announcement will be made as often
as the director deems appropriate for proper utilization of resources.
The department shall then promptly grant as many applications as will
utilize available funds, less appropriate administrative costs of the
department as described in section 9 of this act.
(2) The department will develop, with advice and input from the
affordable housing advisory board established in RCW 43.185B.020,
criteria to evaluate grant applications.
(3) The department may approve applications only if they are
consistent with the local and state homeless housing program strategic
plans. The department may give preference to applications based on
some or all of the following criteria:
(a) The total homeless population in the applicant local government
service area, as reported by the most recent annual Washington homeless
census;
(b) Current local expenditures to provide housing for the homeless
and to address the underlying causes of homelessness as described in
section 1 of this act;
(c) Local government and private contributions pledged to the
program in the form of matching funds, property, infrastructure
improvements, and other contributions; and the degree of leveraging of
other funds from local government or private sources for the program
for which funds are being requested, to include recipient contributions
to total project costs, including allied contributions from other
sources such as professional, craft and trade services, and lender
interest rate subsidies;
(d) Construction projects or rehabilitation that will serve
homeless individuals or families for a period of at least twenty-five
years;
(e) Projects which demonstrate serving homeless populations with
the greatest needs, including projects that serve special needs
populations;
(f) The degree to which the applicant project represents a
collaboration between local governments, nonprofit community-based
organizations, local and state agencies, and the private sector,
especially through its integration with the coordinated and
comprehensive plan for homeless families with children required under
RCW 43.63A.650;
(g) The cooperation of the local government in the annual
Washington homeless census project;
(h) The commitment of the local government and any subcontracting
local governments, nonprofit organizations, and for-profit entities to
employ a diverse work force;
(i) The extent, if any, that the local homeless population is
disproportionate to the revenues collected under this chapter, RCW
36.22.178, and section 9 of this act; and
(j) Other elements shown by the applicant to be directly related to
the goal and the department's state strategic plan.
NEW SECTION. Sec. 12 (1) Only a local government is eligible to
receive a homeless housing grant from the homeless housing account.
Any city may assert responsibility for homeless housing within its
borders if it so chooses, by forwarding a resolution to the legislative
authority of the county stating its intention and its commitment to
operate a separate homeless housing program. The city shall then
receive a percentage of the surcharge assessed under section 9 of this
act equal to the percentage of the city's local portion of the real
estate excise tax collected by the county. A participating city may
also then apply separately for homeless housing program grants. A city
choosing to operate a separate homeless housing program shall be
responsible for complying with all of the same requirements as counties
and shall adopt a local homeless housing plan meeting the requirements
of this chapter for county local plans. However, the city may by
resolution of its legislative authority accept the county's homeless
housing task force as its own and based on that task force's
recommendations adopt a homeless housing plan specific to the city.
(2) Local governments applying for homeless housing funds may
subcontract with any other local government, housing authority,
community action agency or other nonprofit organization for the
execution of programs contributing to the overall goal of ending
homelessness within a defined service area. All subcontracts shall be
consistent with the local homeless housing plan adopted by the
legislative authority of the local government, time limited, and filed
with the department and shall have specific performance terms. While
a local government has the authority to subcontract with other
entities, the local government continues to maintain the ultimate
responsibility for the homeless housing program within its borders.
(3) A county may decline to participate in the program authorized
in this chapter by forwarding to the department a resolution adopted by
the county legislative authority stating the intention not to
participate. A copy of the resolution shall also be transmitted to the
county auditor and treasurer. If such a resolution is adopted, all of
the funds otherwise due to the county under section 10 of this act
shall be remitted monthly to the state treasurer for deposit in the
homeless housing account, without any reduction by the county for
collecting or administering the funds. Upon receipt of the resolution,
the department shall promptly begin to identify and contract with one
or more entities eligible under this section to create and execute a
local homeless housing plan for the county meeting the requirements of
this chapter. The department shall expend all of the funds received
from the county under this subsection to carry out the purposes of this
act in the county, provided that the department may retain six percent
of these funds to offset the cost of managing the county's program.
(4) A resolution by the county declining to participate in the
program shall have no effect on the ability of each city in the county
to assert its right to manage its own program under this chapter, and
the county shall monthly transmit to the city the funds due under this
chapter.
NEW SECTION. Sec. 13 The department shall allocate grant moneys
from the homeless housing account to finance in whole or in part
programs and projects in approved local homeless housing plans to
assist homeless individuals and families gain access to adequate
housing, prevent at-risk individuals from becoming homeless, address
the root causes of homelessness, track and report on homeless-related
data, and facilitate the movement of homeless or formerly homeless
individuals along the housing continuum toward more stable and
independent housing. The department may issue criteria or guidelines
to guide local governments in the application process.
NEW SECTION. Sec. 14 The department shall provide technical
assistance to any participating local government that requests such
assistance. Technical assistance activities may include:
(1) Assisting local governments to identify appropriate parties to
participate on local homeless housing task forces;
(2) Assisting local governments to identify appropriate service
providers with which the local governments may subcontract for service
provision and development activities, when necessary;
(3) Assisting local governments to implement or expand homeless
census programs to meet homeless housing program requirements;
(4) Assisting in the identification of "best practices" from other
areas;
(5) Assisting in identifying additional funding sources for
specific projects; and
(6) Training local government and subcontractor staff.
NEW SECTION. Sec. 15 The department shall establish a uniform
process for participating local governments to report progress toward
reducing homelessness and meeting locally established goals.
NEW SECTION. Sec. 16 The department may adopt such rules as may
be necessary to effect the purposes of this chapter.
NEW SECTION. Sec. 17 The department shall ensure that the
state's interest is protected upon the development, use, sale, or
change of use of projects constructed, acquired, or financed in whole
or in part through the homeless housing grant program. These policies
may include, but are not limited to: (1) Requiring a share of the
appreciation in the project in proportion to the state's contribution
to the project, or (2) requiring a lump sum repayment of the grant upon
the sale or change of use of the project.
Sec. 18 RCW 36.22.178 and 2002 c 294 s 2 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, a
surcharge of ten dollars per instrument shall be charged by the county
auditor for each document recorded, which will be in addition to any
other charge authorized by law. The ((auditor)) county may retain up
to five percent of these funds collected ((to administer)) solely for
the collection, administration, and local distribution of these funds.
Of the remaining funds, forty percent of the revenue generated through
this surcharge will be transmitted monthly to the state treasurer who
will deposit the funds into the Washington housing trust account. The
office of community development of the department of community, trade,
and economic development will develop guidelines for the use of these
funds to support building operation and maintenance costs of housing
projects or units within housing projects that are affordable to
extremely low-income persons with incomes at or below thirty percent of
the area median income, and that require a supplement to rent income to
cover ongoing operating expenses. ((Sixty percent of the revenue)) All
of the remaining funds generated by this surcharge will be retained by
the county and be deposited into a fund that must be used by the county
and its cities and towns for housing projects or units within housing
projects that are affordable to very low-income persons with incomes at
or below fifty percent of the area median income. The portion of the
surcharge retained by a county shall be allocated to very low-income
housing projects or units within such housing projects in the county
and the cities within a county according to an interlocal agreement
between the county and the cities within the county, consistent with
countywide and local housing needs and policies. The funds generated
with this surcharge shall not be used for construction of new housing
if at any time the vacancy rate for available low-income housing within
the county rises above ten percent. The vacancy rate for each county
shall be developed using the state low-income vacancy rate standard
developed under subsection (3) of this section. ((Permissible)) Uses
of these local funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing
projects or units within housing projects that are affordable to very
low-income persons with incomes at or below fifty percent of the area
median income;
(b) Supporting building operation and maintenance costs of housing
projects or units within housing projects ((built with)) eligible to
receive housing trust funds, that are affordable to very low-income
persons with incomes at or below fifty percent of the area median
income, and that require a supplement to rent income to cover ongoing
operating expenses;
(c) Rental assistance vouchers for housing projects or units within
housing projects that are affordable to very low-income persons with
incomes at or below fifty percent of the area median income, to be
administered by a local public housing authority or other local
organization that has an existing rental assistance voucher program,
consistent with the United States department of housing and urban
development's section 8 rental assistance voucher program standards;
and
(d) Operating costs for emergency shelters and licensed overnight
youth shelters.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
(3) The real estate research center at Washington State University
shall develop a vacancy rate standard for low-income housing in the
state as described in RCW 18.85.540(1)(i).
Sec. 19 RCW 36.18.010 and 2002 c 294 s 3 are each amended to read
as follows:
County auditors or recording officers shall collect the following
fees for their official services:
For recording instruments, for the first page eight and one-half by
fourteen inches or less, five dollars; for each additional page eight
and one-half by fourteen inches or less, one dollar. The fee for
recording multiple transactions contained in one instrument will be
calculated for each transaction requiring separate indexing as required
under RCW 65.04.050 as follows: The fee for each title or transaction
is the same fee as the first page of any additional recorded document;
the fee for additional pages is the same fee as for any additional
pages for any recorded document; the fee for the additional pages may
be collected only once and may not be collected for each title or
transaction;
For preparing and certifying copies, for the first page eight and
one-half by fourteen inches or less, three dollars; for each additional
page eight and one-half by fourteen inches or less, one dollar;
For preparing noncertified copies, for each page eight and one-half
by fourteen inches or less, one dollar;
For administering an oath or taking an affidavit, with or without
seal, two dollars;
For issuing a marriage license, eight dollars, (this fee includes
taking necessary affidavits, filing returns, indexing, and transmittal
of a record of the marriage to the state registrar of vital statistics)
plus an additional five-dollar fee for use and support of the
prevention of child abuse and neglect activities to be transmitted
monthly to the state treasurer and deposited in the state general fund
plus an additional ten-dollar fee to be transmitted monthly to the
state treasurer and deposited in the state general fund. The
legislature intends to appropriate an amount at least equal to the
revenue generated by this fee for the purposes of the displaced
homemaker act, chapter 28B.04 RCW;
For searching records per hour, eight dollars;
For recording plats, fifty cents for each lot except cemetery plats
for which the charge shall be twenty-five cents per lot; also one
dollar for each acknowledgment, dedication, and description: PROVIDED,
That there shall be a minimum fee of twenty-five dollars per plat;
For recording of miscellaneous records not listed above, for the
first page eight and one-half by fourteen inches or less, five dollars;
for each additional page eight and one-half by fourteen inches or less,
one dollar;
For modernization and improvement of the recording and indexing
system, a surcharge as provided in RCW 36.22.170((.));
For recording an emergency nonstandard document as provided in RCW
65.04.047, fifty dollars, in addition to all other applicable recording
fees((.));
For recording instruments, a surcharge as provided in RCW
36.22.178; and
For recording instruments, except for documents recording a birth,
marriage, divorce, or death or any documents otherwise exempted from a
recording fee under state law, a surcharge as provided in section 9 of
this act.
NEW SECTION. Sec. 20 The department of social and health
services shall exempt payments to individuals provided under this
chapter when determining eligibility for public assistance.
NEW SECTION. Sec. 21 This chapter does not require either the
department or any local government to expend any funds to accomplish
the goals of this chapter other than the revenues authorized in this
act. However, neither the department nor any local government may use
any funds authorized in this act to supplant or reduce any existing
expenditures of public money for the reduction or prevention of
homelessness or services for homeless persons.
Sec. 22 RCW 43.185B.005 and 1993 c 478 s 1 are each amended to
read as follows:
(1) The legislature finds that:
(a) Housing is of vital statewide importance to the health, safety,
and welfare of the residents of the state;
(b) Reducing homelessness and moving individuals and families
toward stable, affordable housing is of vital statewide importance;
(c) Safe, affordable housing is an essential factor in stabilizing
communities;
(((c))) (d) Residents must have a choice of housing opportunities
within the community where they choose to live;
(((d))) (e) Housing markets are linked to a healthy economy and can
contribute to the state's economy;
(((e))) (f) Land supply is a major contributor to the cost of
housing;
(((f))) (g) Housing must be an integral component of any
comprehensive community and economic development strategy;
(((g))) (h) State and local government must continue working
cooperatively toward the enhancement of increased housing units by
reviewing, updating, and removing conflicting regulatory language;
(((h))) (i) State and local government should work together in
developing creative ways to reduce the shortage of housing;
(((i))) (j) The lack of a coordinated state housing policy inhibits
the effective delivery of housing for some of the state's most
vulnerable citizens and those with limited incomes; and
(((j))) (k) It is in the public interest to adopt a statement of
housing policy objectives.
(2) The legislature declares that the purposes of the Washington
housing policy act are to:
(a) Provide policy direction to the public and private sectors in
their attempt to meet the shelter needs of Washington residents;
(b) Reevaluate housing and housing-related programs and policies in
order to ensure proper coordination of those programs and policies to
meet the housing needs of Washington residents;
(c) Improve the delivery of state services and assistance to very
low-income and low-income households and special needs populations;
(d) Strengthen partnerships among all levels of government, and the
public and private sectors, including for-profit and nonprofit
organizations, in the production and operation of housing to targeted
populations including low-income and moderate-income households;
(e) Increase the supply of housing for persons with special needs;
(f) Encourage collaborative planning with social service providers;
(g) Encourage financial institutions to increase residential
mortgage lending; and
(h) Coordinate housing into comprehensive community and economic
development strategies at the state and local level.
Sec. 23 RCW 43.185B.009 and 1993 c 478 s 3 are each amended to
read as follows:
The objectives of the Washington housing policy act shall be to
attain the state's goal of a decent home in a healthy, safe environment
for every resident of the state by strengthening public and private
institutions that are able to:
(1) Develop an adequate and affordable supply of housing for all
economic segments of the population, including the destitute;
(2) Identify and reduce the causal factors preventing the state
from reaching its goal;
(3) Assist very low-income and special needs households who cannot
obtain affordable, safe, and adequate housing in the private market;
(((3))) (4) Encourage and maintain home ownership opportunities;
(((4))) (5) Reduce life-cycle housing costs while preserving public
health and safety;
(((5))) (6) Preserve the supply of existing affordable housing;
(((6))) (7) Provide housing for special needs populations;
(((7))) (8) Ensure fair and equal access to the housing market;
(((8))) (9) Increase the availability of mortgage credit at low
interest rates; and
(((9))) (10) Coordinate and be consistent with the goals,
objectives, and required housing element of the comprehensive plan in
the state's growth management act in RCW 36.70A.070.
NEW SECTION. Sec. 24 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.
NEW SECTION. Sec. 25 This act takes effect August 1, 2005.
NEW SECTION. Sec. 26 Sections 1 through 8, 10 through 17, 20,
21, 24, and 25 of this act constitute a new chapter in Title
E2SHB 2163 -
By Committee on Financial Institutions, Housing & Consumer
Protection
ADOPTED 04/07/2005
On page 1, line 2 of the title, after "Washington;" strike the remainder of the title and insert "amending RCW 36.22.178, 36.18.010, 43.185B.005, and 43.185B.009; adding a new section to chapter 36.22 RCW; adding a new chapter to Title 43 RCW; and providing an effective date."