Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Local Government Committee

HB 1028

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Using state correctional facility populations to determine population thresholds for certain local government purposes.

Sponsors: Representatives Schmick, Takko, Fagan, Springer, Kretz, Shea, Blake and McCune.

Brief Summary of Bill

  • Authorizes any noncharter code city operating under a mayor-council plan or council-manager plan to include the population of any state correctional facility located within its jurisdiction in calculating the population thresholds pertinent to determining the number of city council members it may have.

  • Authorizes any city or town to include the population of any state correctional facility located within its jurisdiction in calculating the population thresholds relevant to eligibility for funding from the Small City Pavement and Sidewalk Account.

Hearing Date: 1/14/11

Staff: Heather Emery (786-7136).

Background:

City Council Membership.

The Optional Municipal Code (Code) specifically provides for two plans of government for noncharter code cities: the mayor-council plan and the council-manager plan. Under both plans, the Code limits the number of council members in a noncharter code city according to the population of that city.

For the purpose of determining population thresholds, the population of a code city is determined by reference to either the most recent state or federal census, or the population statistics compiled by the Office of Financial Management. State law is silent as to whether the inmates of a state correctional facility located within a code city or town may be counted as part of the population threshold determination.

A. The Mayor-Council Plan of Government.

In a charter code city, the number of council members is controlled by the charter, which may provide for an uneven number of council members not to exceed eleven.

In a noncharter code city, the number of council members varies according to population. In cities with populations of:

In cities with a fluctuating population:

B. The Council-Manager Plan of Government.

In a charter code city, the number of council members is controlled by the charter, which may provide for an uneven number of council members not to exceed eleven.

In a noncharter code city, the number of council members varies according to population. In cities with populations of:

In cities with a fluctuating population:

The Small City Pavement and Sidewalk Account.

State law provides for the Small City Pavement and Sidewalk Account (Account) in the state treasury. Cities and towns with a population of fewer than 5000 inhabitants are eligible to receive money from the Account for the maintenance, repair and resurfacing of city and town streets. State law is silent as to whether the inmates of a state correctional facility located within a code city or town may be counted as part of the population threshold determination.

Summary of Bill:

A code city or town with a mayor-council form or council-manager form of government may include the population of any state correctional facility within its jurisdiction in calculating the population thresholds pertinent to determining the requisite number of city council members.

A city or town may include the population of any state correctional facility within its jurisdiction in calculating the population thresholds relevant to determining its eligibility to obtain funding from the Account.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.